The Office of the Ombudsman (OMB) on Friday, July 3, filed before the Sandiganbayan a plunder case, a non-bailable offense, against Senator Rodante Marcoleta over the alleged P75 million in undeclared donations he received while he was still serving as a congressman, along with three separate criminal cases for violation of Presidential Decree (PD) No. 46, or the anti-gift law, against the senator and his alleged donors.

Court records showed that the Ombudsman charged Marcoleta, former lawmaker Michael “Mike” Tan Defensor, and businessmen Joseph Varias Espiritu and Aristotle Baluyut Viray with plunder under Republic Act No. 7080, docketed as Criminal Case No. SB26CRM0018.

Likewise, the OMB filed three separate cases for violation of PD No. 46, each naming Marcoleta and one of the alleged donors as accused. These were docketed as Criminal Case No. SB26CRM0019 (Marcoleta and Defensor), Criminal Case No. SB26CRM0020 (Marcoleta and Espiritu), and Criminal Case No. SB26CRM0021 (Marcoleta and Viray).

The plunder case was subsequently raffled to the Sandiganbayan Third Division, while the PD No. 46 cases were assigned to the Fourth Division (Defensor), Sixth Division (Espiritu), and First Division (Viray).

In a statement issued after the filing, the Ombudsman said the decision to bring the case before the Sandiganbayan “was not a decision made lightly or by choice,” stressing that the evidence gathered by investigators left the anti-graft body with no option but to pursue criminal charges.

According to the Ombudsman, the evidence includes three cash donations totaling P75 million that were allegedly not declared in Marcoleta’s Statements of Assets, Liabilities and Net Worth (SALNs) and campaign finance reports.

“This leaves our office no discretion to look away,” it said.

It also noted that Marcoleta himself had publicly acknowledged receiving the money, saying the fact of receipt is not disputed and may even be stipulated at the start of the trial. The remaining issue before the court, it said, is whether those undisputed facts constitute plunder and bribery under existing laws.

“We took an oath to enforce the law regardless of who is involved, and that oath does not waver for popularity, position, or personal relationships,” the Ombudsman said.

The anti-graft body also addressed Marcoleta’s previous invocation of “utang na loob (debt of gratitude),” saying that while it remains one of the country’s most cherished cultural values, it cannot justify undisclosed financial benefits received by a public official.

“We honor ‘utang na loob’ as one of our culture’s most beautiful values. It is a debt of gratitude between family, friends, and neighbors. But it has no place in public office,” it stated.

“A public servant owes no personal debt to any donor that supersedes what they owe the Filipino people. The moment gratitude is used to explain away P75 million in undisclosed money, it stops being ‘utang na loob’ and becomes exactly what our plunder and bribery laws were written to prevent,” the OMB added.

As such, the Ombudsman acknowledged the intense public debate generated by the case, saying it respects every citizen’s right to express an opinion, stage rallies, and demand accountability.

“What we ask in return is what we ourselves commit to: let the facts and the law decide, not sentiment or fear,” it said, adding that Marcoleta continues to enjoy the presumption of innocence and has every right to defend himself before the Sandiganbayan.

“We did not choose this fight. But when the law leaves no room for silence, silence is not an option,” it went on.

Earlier, the Ombudsman clarified that the plunder complaint does not hinge on whether the alleged P75 million came from public funds, stressing that Republic Act No. 7080, or the Plunder Law, also covers certain predicate acts involving private money.

Assistant Ombudsman Jose Dominic “Mico” Clavano IV said the law defines plunder as a “series or combination of acts” through which a public official amasses, acquires, or accumulates ill-gotten wealth amounting to at least P50 million.

“When you talk about plunder, it’s a series or combination of acts where someone is able to amass, acquire, and accumulate ill-gotten wealth, to the amount of at least P50 million,” Clavano said in an earlier briefing.

He explained that the Plunder Law expressly includes the direct or indirect receipt of gifts, commissions, percentages, kickbacks, or other benefits that may come from private sources.

“At ’yung tanong niyo na public funds, doon sa RA 7080 sa Plunder Law, there are acts there that could comprise of a series or combination of acts that could comprise of plunder. And number two there is receiving directly or indirectly any gift, commission, percentage, kickback. Alangan naman po ’yung gift ay galing din po sa public funds, so ang definition po ng plunder also includes private funds (As for your question about public funds, under Republic Act No. 7080, or the Plunder Law, there are acts that may constitute a series or combination of acts amounting to plunder. One of these is the direct or indirect receipt of any gift, commission, percentage, or kickback. It is unlikely that a gift would also come from public funds, so the definition of plunder likewise includes private funds),” he explained.

The Ombudsman also denied allegations that the case against Marcoleta was politically motivated, saying the evidence gathered by investigators largely came from the senator’s own admissions and public statements.

“But the facts will speak for themselves. And I think when you read the case, and you listen to the admissions and interviews, you will see that the case is quite clear-cut,” Clavano said.

“It’s hard to see kung saan nanggagaling si Senator Marcoleta dito dahil ’yung ebidensya mismo na ginamit ng aming mga imbestigador ay galing din po sa kanya (It’s hard to understand where Sen. Marcoleta is coming from because the very evidence used by our investigators came from him),” he added.

The filing came days after the Iglesia ni Cristo (INC), of which Marcoleta is a member, held a surprise rally along EDSA following the Ombudsman’s announcement that it would file plunder charges against the senator this week. The rally began on June 30 and concluded on July 2.

As of posting, Marcoleta’s camp has yet to issue a statement on the filing of the cases before the Sandiganbayan.