THE Commission on Elections (Comelec) has deferred the release of its findings on the disparity between Sen. Rodante Marcoleta’s statement of assets, liabilities and net worth (SALN), and statement of contribution and expenditures (SOCE) in the 2025 polls.
Comelec Chairman George Erwin Garcia on Thursday said the delay was due to “legal complications” arising from a similar case that was referred to its legal department by the Office of the Ombudsman.
Garcia said that the poll body’s Political Finance and Affairs Department (PFAD) has submitted the results of its investigation and recommendations to the commission en banc, but its release was withheld after a similar case was filed with the legal department.
He said the case involving Marcoleta’s SOCE and SALN was filed with the Office of the Ombudsman which, in turn, referred it to the Comelec.
Garcia said the Comelec has no other choice but to refer it to the legal department, saying that “while the Comelec has no jurisdiction over the SALN, it has jurisdiction over the SOCE.”
He said issues on SOCE, under normal circumstances, are referred to the PFAD, but stressed that Comelec can’t stop anybody from filing a separate complaint with the legal department.
“For example, a recommendation to file a complaint or case because there is a probable cause is filed with the legal department. What if the legal department currently holds a related case involving the said personality? All of that should be thoroughly studied because we cannot disregard anyone, as everyone has the right to due process and personality,” Garcia said.
Garcia said Marcoleta’s case was no different from that of another senator, obviously referring to Sen. Francis Escudero, but that the latter’s case has already been decided before a similar case questioning his SOCE was filed with the Comelec’s legal office.
Marcoleta’s SALN showed only P51.9 million, but his SOCE indicated that he spent P112 million during the midterm elections.
In his SOCE, Marcoleta declared he did not receive campaign contributions, but spent P112.8 million, an amount which far exceeded his P51.9 million declared assets.
Under the Omnibus Election Code, candidates are required to declare all their expenses during the campaign period.
The law also provides that all candidates must submit their SOCE within 30 days after election day.
Any unused contributions must likewise be declared, and returned to the donors or turned over to the national treasury if donors are not identifiable.
The legal basis for requiring candidates and political parties to submit “full, true and itemized” SOCEs is Section 14 of Republic Act (RA) 7166, or the Synchronized National and Local Elections Law, candidates are prohibited from accepting campaign funds from foreign nationals and foreign corporations, government-owned and -controlled corporations, and entities funded wholly or partly by the government.
Private corporations can make donations, but contributions should be accounted for properly and reported to the Comelec.
Certain sectors, such as those involved in public utilities or those with contracts with the government, are prohibited from contributing.
Campaign contributions are regulated to avoid undue influence by wealthy individuals, corporations or special interest groups.
Under Section 14 or RA 7166, failure to file the SOCE by a candidate or political party within the prescribed period is punishable by permanent disqualification to hold public office.
Deliberate falsification or misrepresentation of the SOCE is a criminal offense punishable by imprisonment.