Comelec clears Marcoleta in SOCE probe

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March 19, 2026 | 12:00am

MANILA, Philippines —  The Commission on Elections has terminated its motu proprio investigation into Sen. Rodante Marcoleta’s alleged undisclosed campaign contributions, saying there was no other evidence to establish that he committed an election offense.

In a resolution dated March 18, the Comelec adopted the recommendation of its Political Finance and Affairs Department (PFAD) to end the fact-finding investigation, “as there being no other evidence to show that respondent committed any election offense,” although it added that the investigation established that Marcoleta “did not comply [with] Section 109 of the Omnibus Election Code.”

At the same time, the poll body ordered PFAD to file a complaint for election offense before the Law Department “for the conduct of preliminary investigation” against the three contributors – Michael Tan Defensor, Joseph Varias Espiritu and Aristotle Baluyut Viray – “due to their failure to submit their respective individual Report of Contributions within 30 days after the elections.”

The case stemmed from a PFAD fact-finding investigation into Marcoleta’s admitted receipt of P75 million in contributions from the three individuals before the start of the official campaign period for the 2025 national elections.

In his verified position paper, Marcoleta argued that under the Supreme Court’s ruling in Peñera v. Comelec, a person who files a certificate of candidacy is considered a candidate only at the start of the campaign period, and that the funds therefore formed part of his personal funds and were not covered by the statement of contributions and expenditures (SOCE).

He also submitted donor’s tax documents to support his position.

In its findings, PFAD said all contributions used during the campaign period should be reported in the SOCE, noting that a person who filed a certificate of candidacy may receive and accept contributions even before the start of the campaign period.

It said that, in Marcoleta’s case, the contributions should have been reported because they funded his campaign.

However, the Comelec said failure by a candidate to properly disclose such contributions in the SOCE no longer constitutes a criminal election offense due to the repealing clause under Republic Act No. 7166.

“This provision amended earlier laws. One of the provisions it effectively set aside is Section 109 of the (Omnibus Election Code), meaning it decriminalized the offense. In other words, it is no longer treated as a criminal case. So, if a candidate, under RA 7166, fails to provide the details required under Section 109, he or she is no longer criminally liable,” Comelec Chairman George Erwin Garcia said.

He said the commission voted 6-0-1 (in favor-against-abstention) on the Marcoleta case.

Garcia added that while the omission may no longer give rise to criminal liability for the candidate, other possible liabilities remain, subject to further action by the Law Department.

Garcia also clarified that issues involving a candidate’s statement of assets, liabilities and net worth (SALN) are outside Comelec’s jurisdiction.

The Comelec chief also said the commission was not preempting any future action by its Law Department, particularly on matters referred by the Office of the Ombudsman.

Agreeing that their role is purely ministerial, Comelec Commissioner Rey Bulay yesterday said their hands are tied with regard to the issue.

“Senator Marcoleta was not a candidate yet when he received the alleged contribution,” Bulay said in an interview with “Storycon” on One News.  –  Janvic Mateo