Sen. Rodante Marcoleta. Photo courtesy of Philippine News Agency.
With Senator Francis ‘Chiz’ Escudero and Leyte’s First District representative Martin Romualdez already issued precautionary hold departure orders (PHDOs), the Office of the Ombudsman has filed a verified ex parte application for the issuance of the same against Sen. Rodante Marcoleta and three other individuals over complaints of plunder, indirect bribery and violation of Presidential Decree No. 46.
According to the Sandiganbayan Seventh Division, the PHDO hearing against Marcoleta with former Anakalusugan party-list congressman Michael ‘Mike’ Defensor and a certain Aristotle Viray and Joseph Espiritu has been scheduled today.
Ombudsman Jesus Crispin ‘Boying’ Remulla explained that the issuance for PHDO against the respondents is based on findings that there is a high likelihood that they might flee the country although this does not determine their guilt.
The possible criminal complaint against Marcoleta surfaced after Office of the Deputy Ombudsman for Luzon’s field investigation bureau recommended plunder and indirect bribery complaints against the senator, as well as Defensor, Viray and Espiritu over alleged campaign donations amounting to ₱75 million.
It likewise stated that violation of PD No. 46, or the decree which prohibits public officials and employees from receiving gifts from private persons on any occasion, should also be filed against Marcoleta.
Based on the complaint filed, it was alleged that in January 2025 when Defensor, Espiritu and Viray donated ₱30 million, ₱25 million and ₱20 million, respectively, for Marcoleta’s senatorial bid in the national elections the same year.
The complainants also noted that Marcoleta declared “no cash or in kind contributions” in the statement of contribution and expenditures that he submitted to the Commission on Elections (Comelec).
However, the Comelec cleared Marcoleta from any election offense as the campaign period only began on February 2025, and the Supreme Court, in a 2009 ruling, stated that a candidate is only liable for election offenses only upon the start of the campaign period.
Still, the complainants underscored that the ₱75 million donation was not declared in Marcoleta’s statement of assets, liabilities and net worth (SALN) as of June 30, 2025.
Instead, they said, Marcoleta only declared P39.6 million in his SALN, which he said he acquired from 1992 to June 30, 2025.
“While Respondent Marcoleta’s failure to declare the donations/contributors from Respondents Defensor, Espiritu, and Viray did not constitute any election offense, his acts as discussed above should nevertheless give rise to criminal and administrative liabilities,” it was claimed in their complaint.
In reaction, Marcoleta tagged the charges against him are trumped up with the aim of making him shut his mouth through intimidation.
“Let me state the legal defenses plainly on the allegations against me: The law did not define the limits of liberality among friends. They did not say that friendship must stop at a number chosen by one’s accusers. They did not say that generosity becomes criminal merely because the amount is substantial. What the law forbids is not liberality; it forbids corruption. What it condemns is not friendship; it condemns the sale of public duty. At least I stated the truth. At least I faced the issue. At least I did not hide behind silence,” he spelled out in his privilege speech during the Senate plenary session.