The Commission on Elections (Comelec) has finished investigations on Sen. Rodante Marcoleta’s Statements of Contributions and Expenditures (SoCE) over an alleged discrepancy, Comelec chairman George Erwin Garcia said. 

The fact-finding investigation of the SOCE of Marcoleta was conducted by the Political and Finance Affairs Department of the poll body, which finished it.

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

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

 Also, in a 2009 decision involving Rosalinda Peñera, then mayor of Sta. Monica, Surigao del Norte, the Supreme Court ruled that a candidate is only liable for election offenses upon the start of the campaign period.

Part of the 2009 SC 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.” 

Campaign period as a trigger

It added that election offenses can be committed by a candidate ‘only’ upon the start of the campaign period, which clearly means that before the start of the campaign period, such election offenses cannot be committed.

On the other hand, Kontra Daya convenor Danilo Arao late last year said Marcoleta’s SoCE was “highly questionable and practically impossible.”

Marcoleta’s SoCE declared over P112 million in campaign expenses without contributions. Still, his Statement of Assets, Liabilities and Net Worth showed his net worth at only P52 million, which is just about 46 percent of his campaign expenses. 

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

In November last year, Garcia said the Comelec wanted to find out whether there was a violation of certain provisions of the Omnibus Election Code. 

Under Section 98, a person who contributed to a candidate, party treasurer, or any of their authorized representatives should use their own name. The record should also reflect this.

Meanwhile, Section 99 of the Omnibus Election Code, states that an individual who contributed to a candidate, party treasurer, or any of their authorized representatives should “file with the Commission a report under oath stating the amount of each contribution, the name of the candidate, agent of the candidate or political party receiving the contribution, and the date of the contribution.”