Former Mike Defensor criticized the decision of the Commission on Elections (Comelec) clearing Senator Rodante Marcoleta of a potential election offense, calling it a “double standard” after complaints were filed against him as one of the senator’s campaign donors.
The Comelec ruling found that Marcoleta did not commit an election offense in connection with the receipt and alleged lack of proper documentation of around ₱75 million in donations, including contributions from Defensor, Joseph Varias Espiritu, and Aristotle Baluyut Viray.
The commission said the funds fall under the Peñera doctrine, which considers a person a candidate only once the official campaign period begins. Under this interpretation, the donations were treated as personal assets and exempt from inclusion in Marcoleta’s 2025 Statement of Contributions and Expenditures (SOCE).
However, Comelec noted that the doctrine does not apply to donors, leading to the filing of complaints against Defensor and the two other contributors.
Defensor described the ruling as inconsistent and questioned the basis for holding donors liable while the candidate was cleared.
“If we gave to one, if we helped someone that isn’t a candidate because it isn’t the official campaign period, how can we be charged?” he said, adding that donor’s tax filings demonstrate good faith and transparency.
He acknowledged that he did not file a Report of Contributions for his ₱30 million donation but said he was confused by the continued liability of donors despite the dismissal of the case against Marcoleta.
Defensor added that Marcoleta himself found the Comelec findings “comical” after their discussion on Wednesday.