Geline Salac

Marcoleta's defense: Campaign contributions were given before he was a candidate

Representative Rodante Marcoleta attends the House Committee on Good Government and Public Accountability on September 8, 2022 on the joint motu proprio inquiry into Sugar Order No. 4 by the Sugar Regulatory Administration to import 300,000 mt of sugar. Press and Public Affairs Bureau handout

Article (news)

CONGRESS-SUGAR

David Dizon

ABS-CBN News

<p>Are candidates exempt from declaring campaign contributions that were given before the official campaign period?</p><p>This is the defense given by Sen. Rodante Marcoleta to a complaint filed by Kontra Daya before the Commission on Elections after he declared over P112 million in campaign expenses without contributions in the 2025 elections despite having a net worth of only P52 million.</p><p>Speaking to DZMM, Comelec Chairman George Garcia said he has inhibited from the case but noted the Political and Finance Affairs Department has already finished the fact-finding stage.</p><p>He pointed out that Section 13 of Republic Act No. 9369 or the <a href="https://www.set.gov.ph/resources/election-law/republic-act-no-9369/">Automated Election Law</a> states that: “Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy.”</p><p>The Supreme Court also <a href="https://www.abs-cbn.com/news/nation/2026/2/19/comelec-done-with-fact-finding-probe-on-marcoleta-s-soce-1043">ruled in 2009</a> that a candidate is only liable for election offenses only upon the start of the campaign period.</p><p>“Bagaman nag file sila nang kandidatura nung October, sila ay kandidato lamang sa Pebrero dun sa national position at Marso kapag local position,” Garcia said. </p><p>He said this means those who filed their candidacies in October and then put up posters, tarpaulins and advertise on TV, radio, newspapers or online cannot be liable for election offenses “because are they not yet deemed candidates.”</p><p>“Yan ay may malalim na implikasyon at ayaw ko munang sabihin kung ano ang implikasyon sa kaso [ni Marcoleta],” he said.</p><p>In a TV interview, Marcoleta said he did not disclose campaign contributions from his friends during the 2025 midterm elections because they had wanted to remain anonymous.</p><p>Garcia earlier said at least <a href="https://www.abs-cbn.com/news/nation/2025/10/16/comelec-9-contractors-donated-to-2025-midterm-election-candidates-2137">nine contractors</a> donated funds to several candidates in the 2025 midterm election candidates.</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/3h3GH0xL0o4?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/Rl9hobNWvco?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>Are candidates exempt from declaring campaign contributions that were given before the official campaign period?</p>

Are candidates exempt from declaring campaign contributions that were given before the official campaign period?