By Benjamin Cuaresma
MANILA, Philippines — The Commission on Elections (Comelec) has maintained that it has already completed its action on the P75-million campaign donation case involving Sen. Rodante Marcoleta, an issue that later figured in the plunder complaint filed against the senator by the Ombudsman.
Comelec Chair George Erwin Garcia made the statement after Marcoleta sought to have the campaign contribution matter returned to the poll body, arguing during a recent Sandiganbayan hearing that the case should fall under the Comelec’s jurisdiction rather than that of the anti-graft court.
Garcia said the commission had already exercised its authority over the campaign donation issue and determined whether the respondent incurred liability under election laws.
“Nag-exercise na kami ng jurisdiction at nadetermine na namin kung may liability ba o mayroong liability ’yung involved,” Garcia told reporters.
He added that other government agencies would have to address matters falling within their respective jurisdictions.
The Comelec en banc in March adopted the recommendation of its Political Finance and Affairs Department (PFAD) to terminate the investigation into Marcoleta’s campaign donations, citing the absence of additional evidence showing that he had committed an election offense.
The case originated from Marcoleta’s admission during a television program that he did not declare campaign contributions after his donors allegedly requested anonymity.
In an affidavit submitted to the Comelec in January, Marcoleta acknowledged receiving a total of P75 million from three donors on separate occasions. He maintained that the money was given to him well before the start of the campaign period for national candidates in the 2025 midterm elections.
At the time, Marcoleta was a sitting party-list representative.
The PFAD, in its findings, cited Republic Act No. 7166, or the Synchronized National and Local Elections Act, which repealed Section 109 of the Omnibus Election Code as an election offense requiring the disclosure of campaign contributions and expenditures.
The department noted, however, that the repeal applied to candidates and not to donors.
Based on that finding, the PFAD recommended the filing of complaints against the three donors identified in the case—former lawmaker Mike Defensor, Joseph Varias Espiritu and Aristotle Baluyut Viray—for allegedly failing to submit their respective individual reports of contributions.
Despite maintaining that its action on Marcoleta’s case had already been completed, Garcia said the Comelec would have no objection if the matter were returned to the commission.
“Kung biglang ibalik sa amin, wala naman pong problema. The Comelec will exercise its jurisdiction,” Garcia said.
He reiterated, however, that the poll body had already performed its duty and exercised its jurisdiction over the matter.
“Na-perform na po namin ang aming duty. Na-exercise na po namin ang aming jurisdiction and therefore as far as we are concerned, tapos na po kami sa pag-exercise ng jurisdiction,” Garcia said.
Marcoleta and the three campaign donors were arrested in July in connection with the plunder case filed against them.
ia/xf
