The Office of the Ombudsman has submitted a request to the Sandiganbayan to issue precautionary hold departure orders (PHDOs) against Senator Rodante Marcoleta and his campaign contributors related to cases of plunder and indirect bribery which were recommended by the anti-graft body’s investigators.

Under the report dated 18 May, the issue of Marcoleta receiving P75 million in undisclosed campaign donations during the 2025 national elections from the likes of former congressman Michael Tan Defensor, Joseph Espiritu, and Baluyut Viray was resurfaced.

Investigators said that Marcoleta, regardless of the Commission on Elections’ (COMELEC) ruling on the matter, had committed unlawful acts not only by virtue of the improper declaration but also due to his stand in politics.

“Aside from the lack of a clear purpose or pending transaction for which the amounts received may be a consideration, there is no showing that the gifts would still be given were it not for respondent’s position in government,” they said in their complaint.

“Hence, it cannot be denied that the P75 million was given by respondents Defensor, Espiritu, and Virasy by reason of respondent Marcoleta’s office,” they added.

It was for the same reason that the investigators had petitioned for a separate case of indirect bribery to be solely filed against Marcoleta.

As for the contributors, one of the other considerations in the recommendation of the case was the delay in their filing of the amounts under their respective annual taxes.

Based on the investigation, despite supposedly giving the donations in January of 2025, the tax for the amounts were only paid in December of the same year.

This fact violated the provisions indicated in the National Internal Revenue Code which indicate that donors should file for a tax return within a period of 30 days after the gift was given.

For their part, COMELEC has stated that they were fully open to assisting the Ombudsman in pursuing a case against the senator.

In a statement, the electoral body’s chairman George Erwin Garcia stated that they were “ready to help” despite the case of Marcoleta already being dismissed on their end.

“With regards to the revival of the case, the COMELEC has yet to think about it. The poll body has yet to receive a Motion for Reconsideration (MR) on it,” Garcia said.

No Fear

During the resumption of the Senate session this Monday afternoon, Marcoleta expressed that he was not afraid to face imprisonment for the crimes being alleged against him.

He maintained that he along with the other individuals that were cited in the complaints were not guilty and that the case was being utilized as a silencing tactic for individuals that questioned the administration.

“Let the complaint be examined. Let the evidence be tested. Let the law speak. I will answer in the proper forum, with documents, with facts, and with the calm confidence of one who knows that accusation is not proof, that attacks couched in a legal veil do not constitute to the truth,” he remarked.

The hearing for Marcoleta, Defensor, Espiritu, and Baluyut was raffled to the Seventh Division of the anti-graft court that will ultimately determine whether the PHDO would be issued or not.

If approved, the four figures would be the latest individuals that the Ombudsman has sought hold orders for with former House Speaker Martin Romualdez, former Senate President Francis “Chiz” Escudero, and businessman Maynard Ngu being the most recent recipients.