Comelec completes fact-finding probe on Marcoleta’s SOCE

Commission on Elections (Comelec) Chairman George Erwin Garcia said the fact-finding investigation into Sen. Rodante Marcoleta’s Statements of Contributions and Expenditures (SOCE) over alleged discrepancies has been completed.

The probe was conducted by the poll body’s Political and Finance Affairs Department (PFAD).

Garcia said Marcoleta’s defense was that the questioned campaign donation had been given to him before he officially became a candidate.

“Pursuant to the Peñera doctrine, which states that one is considered a candidate in an automated election only from the first day of the campaign period,” Garcia said.

In a 2009 decision involving Rosalinda Peñera, then mayor of Sta. Monica, Surigao del Norte, the Supreme Court ruled that a person is considered a candidate only at the start of the campaign period and may be held liable for election offenses only from that time.

Part of the 2009 Supreme Court resolution states: “Any person who files his certificate of candidacy within the filing period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy.”

It added that election offenses may be committed by a candidate only upon the start of the campaign period; before that, such offenses cannot be committed.

Meanwhile, Kontra Daya convenor Danilo Arao said late last year that Marcoleta’s SOCE was “highly questionable and practically impossible.”

Marcoleta’s SOCE declared over P112 million in campaign expenses without listing contributions, while his Statement of Assets, Liabilities, and Net Worth (SALN) showed a net worth of only P52 million — about 46 percent of his reported campaign expenses.

The senator, however, claimed he did not disclose campaign contributions from friends during the 2025 midterm elections because they wanted to remain anonymous.

In November last year, Garcia said the Comelec sought to determine whether there had been a violation of provisions of the Omnibus Election Code.

Under Section 98, any person who contributes to a candidate, party treasurer, or their authorized representatives must use his or her own name, and the records must reflect this.

Section 99 of the Omnibus Election Code also requires any contributor to file with the Commission a sworn report stating the amount of each contribution, the name of the candidate or political party receiving it, and the date of the contribution.

Garcia said any candidate or political party-list that declares untruthful information in the SOCE may be held liable under election laws and could face perjury charges.

He did not disclose when the full results of the fact-finding investigation would be released but said that if violations are found, the Comelec will conduct a preliminary investigation under the Omnibus Election Code.

Garcia added that he inhibited himself from discussions on the matter.