By Benjamin Cuaresma
MANILA — Senator Rodante Marcoleta has asked the Office of the Ombudsman to dismiss the plunder and indirect bribery complaint filed against him, arguing that the allegations fail to meet the legal requirements needed to support the charges.
In a counter-affidavit submitted to the Ombudsman on June 5 and released to the media over the weekend, Marcoleta maintained that the complaint does not establish the essential elements of either plunder or bribery.
“The Complaint-Affidavit is legally insufficient because it does not establish the elements of the offenses charged,” the document stated.
The complaint stemmed from allegations involving P75 million in campaign-related donations reportedly received from former congressman Mike Defensor, Joseph Espiritu, and Aristotle Viray.
State prosecutors argued that the amount exceeded the P50-million threshold required under the Anti-Plunder Law. Marcoleta, however, countered that the funds were private donations, not public money, rendering the allegations inapplicable under the law.
“There is no question that the allegations in the Complaint-Affidavit do not constitute that I amassed, accumulated, or acquired ill-gotten wealth within the contemplation of the Plunder Law,” Marcoleta said in his sworn statement.
He further argued that the alleged transactions lacked the characteristics of systematic corruption and misuse of public funds that the Anti-Plunder Law was designed to punish.
Marcoleta also reiterated that the donations were made before the official campaign period for the 2025 elections, which began on Feb. 11, 2025. As such, he maintained that the contributions were not required to be included in his Statement of Contributions and Expenditures (SOCE) filed before the Commission on Elections.
His legal team cited a 2009 Supreme Court ruling that held that candidates may be held liable for election offenses only after the campaign period has officially commenced.
The complaint likewise questioned why the P75 million was not reflected in Marcoleta’s Statements of Assets, Liabilities and Net Worth (SALN), noting that his June 2025 SALN declared assets worth only P39.6 million and that his December 2025 filing listed cash and savings amounting to P16.7 million.
In response, Marcoleta explained that the donated funds had already been spent for election-related activities by the time the SALNs were prepared and filed.
“The donations were likewise not reflected in my Statements of Assets, Liabilities and Net Worth because, by the time the SALNs were prepared and executed, the amounts had already been used for their intended election-related purposes and were no longer assets held by me,” he said.
The senator further argued that alleged discrepancies involving his SALN and SOCE filings do not establish the legal basis necessary to support charges of plunder or indirect bribery.
Marcoleta also suggested that the complaint may have been politically motivated, claiming it appeared intended to divert public attention from ongoing legislative inquiries into government shortcomings.
Meanwhile, the Sandiganbayan has granted a precautionary hold departure order against Marcoleta, Defensor, Espiritu, and Viray following a petition filed by the Office of the Ombudsman.
The order directs immigration authorities to prevent the respondents from leaving the country while the investigation is ongoing. The court stressed that the issuance of the order is merely precautionary and does not constitute a finding of guilt.
ia/xf
