QUEZON CITY, Philippines — An investigator from the Commission on Elections (COMELEC) testified on Wednesday, October 7, that the poll body’s Political Finance and Affairs Department (PFAD) reached no definitive conclusion regarding whether the ₱75 million donation acquired by Senator Rodante Marcoleta constituted personal funds or campaign contributions.
Atty. Victoria Besinio III of the COMELEC-PFAD took the witness stand once more before the Sandiganbayan Fourth Division. The trial involves Marcoleta and his co-accused, former Anakalusugan Party-list Representative Mike Defensor, over alleged violations of Presidential Decree No. 46, a law banning public officials from accepting gifts in connection with their office.
During the proceedings, Associate Justice Michael Musngi asked Besinio whether the poll panel determined if Marcoleta accepted the money in his personal or official capacity.
Besinio clarified that the department made no such determination as the issue fell outside the scope of their investigation. She noted that the lack of certainty prompted the COMELEC to refer a complaint to its Law Department for a deeper inquiry.
When asked by Musngi if she was aware that Marcoleta was serving as a congressman at the time he accepted the funds, Besinio confirmed that she was aware.
In earlier testimony before the anti-graft court’s First Division, Besinio pointed out that Marcoleta’s submission of donor’s tax records weakened his defense that the funds were campaign donations, as political contributions are legally exempt from donor’s tax.
She noted that while bank deposit slips and donor’s tax receipts were attached to Marcoleta’s verified position paper submitted to COMELEC, no actual deeds of donation were provided.
Besinio further pointed out that Marcoleta declared in his court filings that the funds were absorbed into his personal accounts, directly contradicting his previous statements in a television interview.
She stressed that if the funds were indeed political contributions, Marcoleta was legally required to report them in his Statement of Contributions and Expenditures.
The defense team had earlier maintained that the ₱75 million represented campaign funds, arguing that jurisdiction over the matter belongs to COMELEC rather than the Sandiganbayan.
Meanwhile, proceedings for Marcoleta’s separate plunder trial before the Sandiganbayan Third Division are scheduled to commence on Thursday, October 8.