In a 14-page complaint-affidavit signed on May 21, Ombudsman investigators said the amount received by the former congressman was “too substantial” to be considered a gift without any expectation of favor in return.
The complaint recommended the filing of charges for plunder under Republic Act No. 7080 and violation of Presidential Decree No. 46 against Marcoleta and private individuals Michael Tan Defensor, Joseph Varias Espiritu, and Aristotle Baluyut Viray.
“... the undersigned investigators respectfully pray that the following respondents Rodante Dizon Marcoleta, and private individuals Michael Tan Defensor, Joseph Varias Espiritu, and Aristotle Baluyut Viray be indicted for Plunder, as defined and penalized under Republic Act No. 7080, and for violation of Presidential Decree No. 46,” it said.
“In addition, the undersigned likewise pray that respondent Rodante Dizon Marcoleta be indicted for three counts of Indirect Bribery under Article 211 of the Revised Penal Code,” the complaint-affidavit stated.
The three other respondents were ordered to submit their counter-affidavits as part of the preliminary investigation being conducted by the Ombudsman.
The recommendation stemmed from an earlier investigation by the Commission on Elections (Comelec) into Marcoleta’s failure to disclose the donations in his Statement of Contributions and Expenditures (SOCE).
“While respondent Marcoleta’s failure to declare the donations/contributions from respondents Defensor, Espiritu, and Viray did not constitute any election offense, his acts … should nevertheless give rise to criminal and administrative liabilities,” the complaint-affidavit said.
During the Comelec investigation, Marcoleta admitted receiving three separate donations in January 2025 totaling P75 million.
According to the Ombudsman, Marcoleta received P30 million from former Quezon City Rep. Mike Defensor, P25 million from Joseph Espiritu, and P20 million from Aristotle Viray. However, Marcoleta declared zero campaign donations in his SOCE.
The complaint-affidavit also noted that while the money was allegedly given in January 2025, the corresponding donor’s tax returns and tax payments were filed only in December 2025.
“Respondent Marcoleta's acceptance of gifts with an aggregate amount of PhP75 Million on three separate occasions constitute the crime of Plunder, as defined and penalized under Republic Act No. 7080,” the affidavit stated.
Investigators said the alleged acceptance of more than P70 million by reason of public office falls within the legal definition of plunder.
Aside from plunder and indirect bribery, the respondents were also accused of violating Presidential Decree No. 46, which prohibits public officials from receiving gifts in connection with their office.
The Ombudsman has directed the respondents to explain their side and gave them 15 days to submit their counter-affidavits.
Meanwhile, Comelec Chairman George Garcia said the poll body is ready to coordinate with the Ombudsman regarding the complaints against Marcoleta.
“Ready to help and coordinate ang COMELEC with Ombudsman. Sa end ng COMELEC, dismissed na ang motu proprio investigation laban kay Sen. Marcoleta,” Garcia said.
“With regards sa pag-revive ng kaso, hindi pa naiisip ng COMELEC. Wala rin naman daw kasing Motion for Reconsideration (MR) na natanggap ang poll body,” he added.
