In the resolution of its probe into Sen. Rodante Marcoleta's undisclosed P75 million Senate campaign donations—previously complicated by a SALN complaint—election lawyer Romulo Macalintal criticized the Commission on Elections' decision to clear the senator. The poll body found no evidence to charge him due to repealed disclosure rules and recommended complaints against his donors instead.
The Commission on Elections' Political Finance and Affairs Department has concluded its investigation into complaints against Sen. Rodante Marcoleta over P75 million in undisclosed Senate campaign donations, clearing him of any election offense. This follows an earlier fact-finding probe that was complicated by a separate Ombudsman-referred complaint involving Marcoleta's Statement of Assets, Liabilities and Net Worth (SALN), over which Comelec has no jurisdiction.
Comelec cited the repeal of disclosure requirements under the Omnibus Election Code for contributions in Marcoleta's Statement of Contributions and Expenditures (SOCE). The senator argued the funds were received before he was officially declared a candidate, referencing prior jurisprudence.
Instead, Comelec recommended filing complaints against the donors—Michael Tan Defensor, Joseph Varias Espiritu, and Aristotle Baluyut Viray—for failing to submit contribution reports within 30 days post-election under Section 99 of the code.
On March 22, election lawyer Romulo Macalintal slammed the ruling as 'truly one for the books.' He questioned: 'If Marcoleta was not yet a “candidate” when he received the money, how can Section 99 apply to the donors? It was practically a private gift, not an election contribution.' Macalintal added that Section 99 'cannot be selectively applied to donors when the recipient does not meet the definition of a candidate.'
