The Commission on Elections (COMELEC) has found no election offense committed by Senator Rodante Marcoleta in relation to his Statement of Contributions and Expenditures (SOCE) for the 2025 National and Local Elections.
In a statement dated March 18, 2026, the poll body said its En Banc adopted the recommendation of the Political Finance and Affairs Department (PFAD) to terminate its fact-finding investigation, citing lack of evidence showing that Marcoleta violated election laws.
The investigation confirmed that Marcoleta received a total of ₱75 million in campaign contributions from three individuals—Michael Tan Defensor, Joseph Varias Espiritu, and Aristotle Baluyut Viray—on separate occasions. However, COMELEC said the donations were made more than a month before the official start of the campaign period for national candidates.
Citing the Supreme Court ruling in Penera v. COMELEC, the poll body noted that a person who files a certificate of candidacy is only considered a candidate at the start of the campaign period. As such, Marcoleta was not yet legally classified as a candidate at the time he received the contributions, and election laws governing campaign finance did not yet apply.
“Ayon sa desisyon ng Supreme Court sa kaso ng Penera v. COMELEC, ang indibidwal na naghain ng kanyang Certificate of Candidacy ay ituturing lamang na kandidato sa unang araw ng campaign period,” the agency said.
“Base sa doktrinang ito, si Senador Marcoleta ay hindi pa ganap at maituturing na kandidato noong inalok at tinanggap niya ang kontribusyon ng mga nabanggit na personalidad.”
On Thursday, during an interview at DZRH’s Dos Por Dos COMELEC Chairman George Erwin Garcia clarified that the agency’s review was limited to Marcoleta’s SOCE and did not cover any comparison with his Statement of Assets, Liabilities, and Net Worth (SALN), which falls under the jurisdiction of other government offices.
“Magkaiba ang jurisdiction kapang SALN. Ang SALN sa opisina ng Ombudsman. Yung SOCE, state of contributions and expenditures ay sa Commission on Election,” Garcia said.
“Again hindi namin pinakielaman ang SALN, ang pinakielaman po namin ang SOCE,” he added,
Garcia also explained that under Republic Act No. 7166, failure to fully disclose contributions in the SOCE is no longer considered a criminal offense, but may still carry administrative penalties. These include fines ranging from ₱5,000 to ₱20,000, depending on the position, and possible disqualification in cases of repeated non-filing.
“Pag dalawang beses na non-filing, sabi ng Supreme Court sa kaso ng Joel Maturan v. Comelec, perpetual disqualification to hold public office ang maigagawad sa mga politiko pag na non-filing.”
Despite clearing the senator, COMELEC said the investigation found that the three donors failed to submit their required reports of contributions to the PFAD within the prescribed 30-day period after the elections.
As a result, the poll body approved the filing of election offense complaints against the three individuals before its Law Department for non-compliance with reporting requirements under the Omnibus Election Code.
The commission reiterated the importance of transparency and accountability in campaign finance, emphasizing that all candidates and contributors are required to comply with disclosure rules under election laws.
