Marilyn Cahatol

Sen. Rodante Marcoleta leads the Senate Blue Ribbon Committee hearing on the alleged anomalous flood control projects in the country on September 8, 2025. Mark Demayo, ABS-CBN News

Article (news)

Job Manahan

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/177397807214820250908-senate-blue-ribbon-marcoleta-MD-2.jpg" style="width:960px" class="fr-fic fr-dib" width="960"/><span class="fr-inner" style="text-align:left">Sen. Rodante Marcoleta leads the Senate Blue Ribbon Committee hearing on the alleged anomalous flood control projects in the country on September 8, 2025. <em>Mark Demayo, ABS-CBN News </em></span></span></span></div><p>MANILA — A former Commission on Elections (Comelec) commissioner on Friday described the poll body’s resolution on Senator Rodante Marcoleta’s Statement of Contributions and Expenditures (SOCE) as “absurd,” saying the development could possibly affect the behavior of politicians and donors in future elections.</p><p>Marcoleta admitted to receiving P75 million in contributions, but did not declare these in his Statement of Contributions and Expenditures (SOCE) for the 2025 elections. He said the donations became personal funds 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 said that under election laws, Marcoleta’s action does not constitute an election offense. But the poll body found that the Peñera doctrine applies only to candidates, not former lawmaker Mike Defensor and two other donors, whose reporting requirements remain mandatory</p><div><a href="https://www.abs-cbn.com/news/nation/2026/3/19/defensor-decries-double-standard-in-looming-election-complaint-vs-marcoleta-campaign-donors-1556">Defensor decries ‘double standard’ in Comelec decision clearing Marcoleta, ordering complaint vs donors</a></div><p>In an interview on ANC’s Headstart, former poll commissioner Luie Guia said the report of contribution by donors remained separate from the candidate’s requirement to submit their SOCE.</p><p>“That law, Section 99 or that provision of the Omnibus Election Code was not included among those that were decriminalized by RA 7166,” Guia said.</p><p>“It remains to be a criminal offense for contributors or donors not to report or to fail to report their… contribution report. It sounds absurd... This has been since 1991, no amendment to the law have been passed,” he added.</p><p>While some politicians and donors have been “more careful” than the others, the former official said some “may not be as familiar” with the defect or weakness on the Omnibus Election Code (OEC).</p><p>This was why it was possible that some candidates had not advised their contributors to comply with the reporting requirements to the poll body.</p><p>“Mike Defensor might be correct. It is really absurd for us to be putting the burden on the contributors more than the law puts the burden on the candidates themselves,” said Guia.</p><p>“What happens in real practice, as I understand it, candidates would be the one to remind contributors that they have [an] obligation to separately submit their donations,” he added.</p><p>Guia said he has been pushing for election law reforms but noted that Congress has yet to recognize the need to do so.</p><p>He also warned that loopholes such as this could be exploited by politicians, emphasizing that the “most important aspect” of campaign finance regulation is to disclose expenses and contributions.</p><p>“The best that Comelec can do perhaps is to look for administrative solution. Comelec can only do so much because it does not make laws, it can only implement laws. It must try to stretch the limits of its power by probably looking at other violations outside the election law and the complainants themselves,” said Guia.</p><p>“We should start revisiting the law. The basic law is a 1985 vintage. It is time for the law to catch up,” he added.</p><p>ABS-CBN News has reached out to the Comelec for comment, but the poll body has yet to respond as of this story’s posting.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/3/18/comelec-clears-marcoleta-in-soce-probe-orders-complaints-vs-defensor-other-campaign-donors-1431">Comelec clears Marcoleta in SOCE probe, orders election complaints vs Defensor, other campaign donors</a></div><p>Election watchdog “Kontra Daya” criticized Comelec’s decision, describing it as a “dangerous precedent” and said the issue was far from over.</p><div><br/></div><div><strong>&#x27;REFER TO OMBUDSMAN&#x27;</strong></div><div><br/></div><p>Guia also suggested referring Marcoleta&#x27;s case to other government agencies  like the Office of the Ombudsman for investigation. This will &quot;send a clear signal that something wrong happened, even if the law has already been decriminalized&quot;, he said. </p><p>“I would like to think that Comelec could have taken a more, should I say, proactive stance, because somehow along the way there might have been some defect that may not be criminal, but that is something that Comelec should try to take notice and address,” he said. </p><p>He said candidates’ SOCEs should include all expenses incurred and sources of money used for the campaign, regardless of whether or not they were received during the campaign period. </p><p>Guia, however, admitted “this is not as clear as we would want it to be in the law.”</p><div><br/></div><div><strong>SOCE FILING</strong></div><div><br/></div><p>He proposed requiring candidates to disclose their contributions and expenses at different periods, including the start and middle of the campaign period.</p><p>“Let every voter know who is behind or who is funding which candidate,” he said, noting that contributors “would somehow try to influence how that candidate govern once he sits in office.”</p><p>&quot;It is really important for us, as voters, as sovereign, as the one deciding who should sit in public office, to know everything about a candidate, most importantly, the people behind their candidacy,&quot; he said.  </p><p>“These are the big donors. Even before election, [disclosures] should be before election so that that information can be made part of our decision on whether to vote for a candidate or not,” he added.</p><p>Several election watchdogs and critics have previously <a href="https://www.abs-cbn.com/news/nation/2025/12/7/contractors-could-be-biggest-campaign-donors-in-next-polls-after-escudero-case-experts-1130">proposed amendments</a> to the filing of SOCEs. </p><p>Kontra Daya’s Danilo Arao said an online real-time SOCE mechanism would allow Comelec to ensure candidates adhere to the spending limit per voter during the campaign period. </p><p>Meanwhile, Eric Jude Alvia, National Citizens&#x27; Movement for Free Elections secretary-general, wants to expand SOCE coverage to include even the year before the filing of candidacy. </p><p>This, he said, prevents candidates from circumventing the law by making election-related transactions and campaigns long before the elections, then minimizing transactions during the campaign period.</p><p>Guia further linked the issue to the longstanding problem of political dynasty, which he said was why loopholes in SOCE are &quot;never in public discourse around elections.&quot;</p><p>&quot;We keep on voting for candidates who refuse to amend these laws,&quot; he said.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/3/13/more-than-6-in-10-filipinos-support-law-vs-political-dynasties-pulse-asia-1346">More than 6 in 10 Filipinos support law vs political dynasties — Pulse Asia</a></div><div><br/></div><div><strong>RELATED VIDEO:</strong></div><div style="text-align:center"><iframe width="560" height="315" src="https://www.youtube.com/embed/uB3ldEDbZRw?si=VPvY9rjPS12B8fFG" title="YouTube video player" frameBorder="0" allowfullscreen=""></iframe><br/></div>

<p>A former Commission on Elections (Comelec) commissioner on Friday described the poll body’s resolution on Sen. Rodante Marcoleta’s Statement of Contributions and Expenditures (SOCE) as “absurd,” saying the development could affect the behavior of politicians and donors in future elections.</p>

A former Commission on Elections (Comelec) commissioner on Friday described the poll body’s resolution on Sen. Rodante Marcoleta’s Statement of Contributions and Expenditures (SOCE) as “absurd,” saying the development could affect the behavior of politicians and donors in future elections.

Ex-Comelec commissioner: Poll body’s decision on Marcoleta SOCE case ‘absurd’

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Ex-Comelec commissioner: Poll body’s decision on Marcoleta SOCE case ‘absurd’

Job Manahan,

Marilyn Cahatol,

ABS-CBN News

Published Mar 20, 2026 12:29 PM PHT

Read More:

Commission on Elections

Rodante Marcoleta

Mike Defensor

SOCE

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