The P75 million donated to Sen. Rodante Marcoleta by former congressman Mike Defensor and traders Joseph Espiritu and Aristotle Viray was intended to support his 2025 senatorial campaign, according to notarized deeds of donation and testimony during the senator’s plunder-case bail hearings.

The documents covered Defensor’s P30-million donation, Espiritu’s P25 million and Viray’s P20 million. Executed on 6, 8 and 9 January 2025, respectively, the deeds state that the donations were made in consideration of the donors’ support for Marcoleta’s possible candidacy in the 12 May 2025 elections.

Field Investigation Bureau director Maria Melinda Mananghaya-Henson confirmed in court that the three deeds appeared identical, indicating that Defensor and Espiritu donated under the same terms.

The documents contradict Marcoleta’s position that the funds were his “personal” money, a characterization he advanced before the Commission on Elections to explain why the donations were not disclosed in his Statement of Contributions and Expenditures.

In a sworn affidavit, Marcoleta said Viray “committed to donate to my campaign funds” if he decided to run for senator. He also said the businessman turned over the P20 million “in support of my senatorial candidacy.”

Marcoleta added that Viray provided another P1.2 million to cover the 6-percent donor’s tax, which the senator’s authorized representatives remitted to the Bureau of Internal Revenue.

Not public funds

“Mr. Viray did not ask for, and I did not promise, perform, or withhold, any official act in consideration of the donation,” Marcoleta said in the affidavit.

He stated that none of the money came from public funds, government contracts, procurement transactions, franchises or regulatory favors.

The campaign-related nature of the donations was reinforced by the testimony of Atty. Victoria Kadeja Besinio of the Comelec Political Finance and Affairs Department during the 3 September hearing.

On cross-examination, Besinio acknowledged that the basis of her recommendation — later adopted by the Comelec — to charge the donors with an election offense for nonreporting was that the donations were campaign contributions or money used to finance Marcoleta’s campaign.

She also confirmed that Comelec Resolution 11109 allows a candidate or party treasurer to file a contribution report on behalf of the contributor.

During clarificatory questioning, Besinio conceded that no election offense could be pursued against Marcoleta because Republic Act 7166 decriminalized violations of Section 109 of the Omnibus Election Code.

The Comelec Law Department has not acted on the recommendation to file cases against the donors.