Investigators from the Office of the Ombudsman have recommended plunder and indirect bribery charges against Senator Rodante Marcoleta and former Congressman Michael Defensor, both opposition stalwarts perceived as allied with Vice President Sara Duterte.
The charges stemmed from over P75 million in undisclosed campaign donations he received in 2025.
Marcoleta’s affidavit, submitted to the Commission on Elections’ (Comelec) Political Finance and Affairs Department (PFAD) on the same issue, served as the basis for the recommendations.
The PFAD launched its investigation after the senator admitted in a television interview that he had failed to declare the contributions in his Statement of Contributions and Expenditures (SOCE).
The revelation prompted the investigative body to seek further explanation from the senator regarding full disclosure in his SOCE.
His consistent position has been that the P75 million was received before the official campaign period, making him legally not yet a “candidate” at the time, and therefore not required to declare it in his SOCE. He maintained he acted in good faith.
Critics, civil society groups, and legislative colleagues argued that the matter warrants deeper investigation by the Ombudsman. In his verified position paper, Marcoleta argued that under the Supreme Court’s ruling in Peñera v. Comelec, a person who files a certificate of candidacy is considered a candidate only at the start of the campaign period, and that the funds therefore formed part of his personal funds and were not covered by the SOCE.
He also submitted the donor’s tax documents to support his position.
Defensor, meanwhile, said an earlier National Bureau of Investigation (NBI) raid linking him to illegal operations is part of what he described as a widening political crackdown on critics of the administration, arguing that law enforcement agencies are being used to intimidate personalities who express dissent.
“The person speaking out should not be harassed by the government, especially not their family,” he said.
Charges recommended pursued
Comelec has agreed with the defense of Marcoleta, as it ultimately ruled that he did not commit any election offense for receiving contributions.
However, the electoral body approved its recommendation to pursue charges against his contributors, who were later revealed to be Defensor, Joseph Espiritu, and Baluyut Viray.
As for the Ombudsman, its investigators formally sought that the plunder complaints be filed against Marcoleta, Defensor, Joseph Varias Espiritu, and Aristotle Baluyut Viray and be subjected to punishment under the Anti-Plunder Act.
Under that law, Marcoleta, who is currently serving his term as a senator, may be suspended from office as stated in Section 5.
“Any public officer against whom any criminal prosecution under a valid information under this Act, whatever stage of execution and mode of participation, is pending in court, shall be suspended from office,” the provision read.
Aside from a case of plunder, the order dated 21 May has also recommended that the senator be indicted for three counts of Indirect Bribery under Article 211 of the Revised Penal Code.
“Other reliefs deemed appropriate under the circumstances are likewise prayed for,” it stated.
Marcoleta has yet to respond to the recommended charges.
The historical irony is that the three protagonists in the case were all instrumental in denying a House franchise to the broadcasting giant ABS-CBN during President Rodrigo Duterte’s term.
The opposition to the ABS-CBN petition for a franchise extension was led by Marcoleta, Ombudsman Jesus Crispin Remulla, who was then Cavite representative and Defensor.
