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Sen. Rodante Marcoleta joins a plenary session, August 6, 2025. Joseph B. Vidal, OSP /File

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SENATE- IMPEACHMENT VOTE- SC DECISION

Kaxandra Salonga

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/177381446746320250806-senate-impeachment-vote-marcoleta-OSP-2.jpg" style="width:960px" class="fr-fic fr-dib" width="960"/><span class="fr-inner" style="text-align:left">Sen. Rodante Marcoleta joins a plenary session, August 6, 2025. Joseph B. Vidal, OSP /File </span></span></span></div><p>MANILA (<strong>UPDATED</strong>) -- The Commission on Elections (COMELEC) may have cleared Senator Rodante Marcoleta of election offenses, but it ordered the filing of complaints against three of his alleged 2025 campaign donors, including former lawmaker Mike Defensor. </p><p>In an En Banc resolution dated March 18, the poll body adopted the recommendations of its Political Finance and Affairs Department (PFAD) to halt its fact-finding investigation on the senator.</p><p>The investigation was sparked by Marcoleta&#x27;s own admissions during a television program, where he reportedly justified a discrepancy between his Statement of Assets, Liabilities, and Net Worth (SALN) and his election expenses by claiming he received P75 million in contributions from friends.</p><p>Marcoleta later admitted in a verified position paper that he did not declare these amounts in his Statement of Contributions and Expenditures (SOCE) because the donors requested anonymity. </p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/3/11/comelec-sees-complication-in-resolving-marcoleta-s-soce-matter-1330">READ: Comelec sees &#x27;complication&#x27; in resolving Marcoleta&#x27;s SOCE matter; vows to fast-track resolution</a></div><p>He argued that since the <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/2/20/marcoleta-s-defense-campaign-contributions-were-given-before-he-was-a-candidate-0842">funds were received a month before the official campaign period</a>, they became &quot;personal funds&quot; under the Peñera doctrine, which states that a person is only considered a candidate at the start of the campaign period.</p><p>The COMELEC PFAD noted that Marcoleta failed to comply with Section 109 of the Omnibus Election Code (OEC) regarding the detailed reporting of contributions, but clarified such a violation is no longer an election offense.</p><p>&quot;The directive imposed by Section 109 of the OEC to the candidate remains to be valid... However, due to the later law passed by Congress (RA 7166), it is one of the sections in the OEC that a violation of which, will no longer constitute an election offense,&quot; read the resolution signed by COMELEC Chairman George Erwin Garcia.</p><p>Garcia told reporters in an ambush interview that this means candidates who fail to comply with the requirements under Section 109 will not incur criminal liability, but may instead face administrative fines.</p><p>&quot;Pag di ka nagfile ng SOCE, di po ito kasong criminal kundi administrative na pepwede lang pagbayarin ng depende sa… posisyon ng mismong involved na respondent. So lumalabas po na yung mismong probisyon na nagmamandato at may parusa na isa hanggang anim na taon ay nabelawala na. &#x27;Yan po ay di na kasong kriminal,&quot; Garcia said on Wednesday. </p><p>Garcia said the resolution did not indicate the applicable administrative fines, as the Commission chose not to preempt the Law Department&#x27;s determination. He added that it would be up to the department to decide how to address any other liabilities incurred.</p><p>&quot;Ayaw po ng Commission En Banc na pangunahan kung ano ang magiging disposisyon ng ating law department… &#x27;yong iba pang liability, nasa law department na po &#x27;yan.&quot;</p><div><br/></div><div><strong>EFFECT ON FUTURE ELECTIONS</strong></div><p>Garcia acknowledged that the decriminalization of noncompliance with Section 109&#x27;s requirements may have implications for future elections.</p><p>&quot;Aaminin po namin na talagang ito&#x27;y makaka-weaken, makapagpahina ng aming mandato, sapagkat pupwede pong palabasin na lahat ng donasyon ay naibigay sa panahon na hindi pa kandidato or dun sa panahon na hindi pa prohibited,&quot; Garcia said. </p><p>He added that the Omnibus Election Code should be updated, noting that it was enacted in 1985 and no longer fully reflects the realities of modern campaigns.</p><div><br/></div><div><strong>COMPLAINT TO BE FILED VS DONORS</strong></div><p>However, the Commission found that the Peñera doctrine applies only to candidates, not to donors, whose reporting requirements remain mandatory under Section 99 of the OEC.</p><p>The poll body directed to launch a preliminary investigation into Michael Tan Defensor, Joseph Varias Espiritu, and Aristotle Baluyut Viray, who were identified as Marcoleta&#x27;s campaign donors.</p><p>&quot;For PFAD to file a complaint for election offense before the Law Department for the conduct of preliminary investigation against the three contributors of the Respondent… due to their failure to submit their respective individual Report of Contributions within (30) days after the election,&quot; the resolution read.</p><p>&quot;Submission of said report is mandatory. Failure to observe such legal obligation constitutes an election offense for which any contributor may be held liable,&quot; the PFAD recommendation read.</p><p>Garcia said the En Banc approved the resolution by a 6-0-1 vote, noting he refrained from participating to avoid any conflict of interest.</p><p>&quot;Ang inyo pong lingkod ay di nag-participate. Tayo po ay nag-inhibit as early as November of 2025. Di naman po lingid sa kaalaman ng lahat… na nagkaroon ng matinding balitaktakan kami [ng isang respondent]. Ayaw namin na maimpluwensyahan ang disposisyon ng komisyon dahil baka sabihin ay gumaganti, may sama ng loob or whatever,&quot; Garcia said.</p><p>ABS-CBN News is reaching out to Defensor for a comment on the matter. </p><div><br/></div><div><strong>RELATED VIDEO:</strong></div><div><iframe width="1023" height="575" src="https://www.youtube.com/embed/lcH_Ao93JyE" title="Marcoleta&#x27;s defense: Campaign contributions were given before he was a candidate | DZMM TeleRadyo" frameBorder="0" allowfullscreen=""></iframe><iframe width="1023" height="575" src="https://www.youtube.com/embed/AGjI_ZJ1e3w" title="Comelec natapos na ang imbestigasyon sa discrepancies sa SOCE ni Marcoleta | TV Patrol" frameBorder="0" allowfullscreen=""></iframe></div><div><br/></div>

<p>The Commission on Elections (Comelec) may have terminated its investigation into Sen. Rodante Marcoleta’s alleged campaign finance violations, but it ordered the filing of complaints against three of his alleged 2025 campaign donors.</p>

The Commission on Elections (Comelec) may have terminated its investigation into Sen. Rodante Marcoleta’s alleged campaign finance violations, but it ordered the filing of complaints against three of his alleged 2025 campaign donors.

Comelec clears Marcoleta in SOCE probe, orders election complaints vs Defensor, other campaign donors

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Comelec clears Marcoleta in SOCE probe, orders election complaints vs Defensor, other campaign donors

Kaxandra Salonga,

ABS-CBN News

Published March 18, 2026 02:31 PM PHT

|

Updated March 18, 2026 05:07 PM PHT

Read More:

Comelec

Marcoleta

SOCE

election

donor

2025 elections

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