The Commission on Elections (Comelec) En Banc has adopted the recommendation to file election offense charges against the contributors of Senator Rodante Marcoleta when he ran for the 2025 midterm polls. 

In a resolution, the Commission En Banc adopted the recommendation of the Political Finance and Affairs Department (PFAD) to charge the contributors due to their failure to submit their respective individual report of contributions within 30 days after the elections.

This is in accordance with Section 99 of the Omnibus Election Code, which states that every person giving contributions to any candidate, treasurer of the party, or authorized representative of such candidate or treasurer shall not later than 30 days after the day of the election file with the Commission a report under oath stating the amount of each contribution, the name of the candidate, agent of the candidate, or political party receiving the contribution, and the date of contribution.

The recommendation includes Michael Tan Defensor, Joseph Varias Espiritu, and Aristotle Baluyut Viray.

The Commission En Banc also adopted the recommendation to terminate the investigation as there being no other evidence to show that the respondent Marcoleta committed any election offense.

To recall, Marcoleta stated that he withheld details about campaign donations in his Statement of Contributions and Expenditures (SOCE) because his contributors had asked to keep their identities confidential.

Marcoleta stated this in an interview on Net 25 when asked about his campaign spending. In his SOCE, which is available on Comelec's website, he declared zero contributions received and spent P112 million in the May 2025 midterm polls. Yet in his Statement of Assets, Liabilities, and Net Worth (SALN), he declared a net worth of P51.96 million.

In the interview, Marcoleta said that his friends asked him to accept their donation to his campaign, in exchange for keeping their anonymity.

"Ang mga kaibigan ko nagbigay sa akin talaga. Alam mo paki-usap lang nila? Isa lang. Tanggapin mo ang tulong namin sa iyo...Tanggapin mo ang halagang ito. Isa lang ang pakiusap nila sa akin, eh sana huwag mo na kaming i-disclose ang identity (My friends really gave me some help. You know what their only request was? Just one thing — accept our help... accept this amount. Their only request from me was that I don’t disclose their identities)," he said.

"Ngayon dahil sa hindi ko puwedeng isiwalat ang kanilang identity, kaya sinabi kong zero ‘yung contribution, na mapipilitan ako ngayon na gawing zero iyon. Dahil kapag nilagyan ko ng amount iyon, mapipilitan akong na isa isa kayong idi-disclose ko ang inyong identity (Now, since I couldn’t reveal their identities, I had to declare zero contribution. I was left with no choice but to put zero, because if I indicated an amount there, I would also be required to disclose each of their identities)," he added.

Comelec Chairman George Erwin Garcia has reiterated that under the law, all contributions in connection with the elections should be reported.

Under Section 107 of the Omnibus Election Code (OEC), every candidate and treasurer of the political party shall, not later than seven days, or earlier than ten days before the day of the election, file in duplicate full, true and itemized, statement of all contributions and expenditures in connection with the election.

In his verified position paper submitted on Jan. 6, 2026, Marcoleta's camp confirmed receipt of a total of P75 million from three individuals on three separate occasions. Still, the funds were received more than a month before the official campaign period for candidates began.

Since he is not yet considered as a candidate, at the time all contributions were made and accepted, those contributions could not have been executed for the purpose of influencing the results of the elections.

"Instead, it formed part of his personal funds, which would deem it as funds not covered by the SOCE," it read.

But this doctrine does not cover contributors.