The Commission on Elections is investigating Sen. Rodante Marcoleta over both factual and legal issues linked to alleged donations received during the election period, according to Comelec chairman George Erwin Garcia.

Garcia said Marcoleta has admitted receiving donations after filing his certificate of candidacy in October 2024 but argued that he was not yet considered a candidate at the time the donations were made.

According to Garcia, Marcoleta’s defense is anchored on the Supreme Court ruling in the case of Peñera vs. Comelec.

“That is what he is saying that he should not be penalized or be charged if he accepted a gift, donation thus he should not be charged if he accepted gift or donation to anybody at the time he is not yet a candidate,” Garcia said.

In a 2009 decision involving Rosalinda Peñera, then mayor of Sta. Monica, Surigao del Norte, the Supreme Court ruled that a person becomes liable for election offenses only at the start of the official campaign period.

Garcia said Marcoleta has submitted affidavits and documents indicating the dates of the alleged donations, which are currently being evaluated by the poll body.

He added that the Comelec’s Political Finance and Affairs Department already has a recommendation regarding the case.

Garcia said the senator was given the opportunity to respond to the findings, but complications arose following the filing of a separate complaint.

The Comelec recently received a referral from the Office of the Ombudsman involving a complaint against Marcoleta concerning both his statement of contributions and expenditures and his statement of assets, liabilities and net worth.

Garcia clarified that the poll body has jurisdiction over the SOCE aspect of the complaint.

He added that the matter has already been forwarded to the Comelec Law Department.

“Paano ba mako-complicate ang rekomendasyon na ginawa ng PFAD versus sa finile ngayon na pormal na complaint na nasa law department. Ito ay finile kung hindi ako nagkakamali ng Kontra Daya,” Garcia said.

Garcia said it remains unclear whether the findings of the Political Finance and Affairs Department would influence the Law Department’s disposition of the case or if the latter’s evaluation would serve as the basis for the department’s final recommendation.

Kontra Daya convenor Danilo Arao earlier questioned Marcoleta’s SOCE, describing it as “highly questionable and practically impossible.”

Arao noted that Marcoleta declared more than P112 million in campaign expenses without reporting any contributions, while his SALN listed his net worth at only P52 million, or about 46 percent of his declared campaign spending.