Commission on Elections (COMELEC) Chairman George Erwin Garcia clarified on Monday that the electoral body has already completed its review of the campaign contribution controversy involving Senator Rodante Marcoleta.
The statement comes after legal counsel for the senator asked the Sandiganbayan to transfer jurisdiction over the case back to COMELEC, arguing that the allegations center on campaign finances.
Garcia explained that the commission already exercised its authority when it investigated potential election law violations and assessed the liabilities of the parties involved.
“Nag-exercise na po kami ng jurisdiction at na-determine na po namin kung may liability o walang liability ba yung mga taong involved,” Garcia said.
The controversy stems from allegations that Marcoleta accepted ₱75 million from former Anakalusugan Party-list Representative Mike Defensor and businessmen Aristotle Viray and Joseph Espiritu, which was not declared in his Statement of Contributions and Expenditures (SOCE).
In a resolution dated March 18, COMELEC noted that Marcoleta previously argued the funds were not campaign contributions under the Peñera doctrine because they were received before he was officially considered a candidate.
“Following the Peñera doctrine, he claims that since he is not yet considered as a candidate, at the time all contributions were made and accepted, those contributions could not have been executed for the purpose of influencing the results of the elections,” the resolution read.
Marcoleta maintained that the sum constituted personal funds received prior to the election period, providing BIR Form No. 1800 and proof of paid donor’s tax to support his defense.
Garcia pointed out that failing to disclose campaign contributions was decriminalized under a 1991 amendment to the 1985 Omnibus Election Code, shifting the penalty from criminal prosecution to administrative sanctions and fines.
“Noong 1985 na batas, ito ay punishable, ito ay kasong kriminal. Sa 1991 na batas, na-amend na, na-decriminalize, hindi na siya kasong kriminal sa bagong batas noong 1991,” Garcia explained.
However, the case before the Sandiganbayan involves a non-bailable criminal charge of plunder. Prosecutors allege that Marcoleta accumulated over ₱50 million from private individuals while serving as a public official, meeting the statutory threshold for plunder—a crime that carries imprisonment upon conviction.
Garcia noted that COMELEC’s investigation regarding the alleged donors remains ongoing, adding that the poll body will comply if the court ultimately orders the jurisdiction returned to them.