INVESTIGATORS from the Office of the Ombudsman filed a complaint for plunder against Sen. Rodante Marcoleta, former lawmaker Michael Defensor, and two other people.
In an order dated May 21, 2026, the Office of the Ombudsman gave the respondents 15 days from receipt of its order to submit their counter-affidavits.
In the complaint, filed last May 18, the investigators said Marcoleta’s acceptance of gifts worth a total of P75 million on three separate occasions when he was a member of the House of Representatives constitutes the crime of plunder.
The investigators said that Marcoleta, on Jan. 6, 2025, received P30 million from Defensor, which, they said, was “evidenced by a donor’s tax return and a... deposit slip showing that Defensor paid the donor’s tax on” Dec. 17, 2025.
The investigators said Marcoleta, on Jan. 8, 2025, received P25 million from Joseph Varias Espiritu, which was “evidenced by a donor’s tax return and a... deposit slip showing that Espiritu paid the donor’s tax on” Dec. 15, 2025.
The investigators said that Marcoleta, on Jan. 9, 2025, received P20 million from Aristotle Baluyut Viray.
“Aside from the lack of a clear purpose or pending transaction for which the amounts received may be a consideration, there is no showing that the gifts would still be given were it not for respondent’s position in government. Hence, it cannot be denied that the P75 million was given by respondents Defensor, Espiritu, and Viray by reason of respondent Marcoleta’s office,” the investigators said.
Defensor, Espiritu, and Viray “belatedly filed the donor’s taxes for the gifts. However, the payments were merely their afterthought and were intended to invoke good faith and make it appear that the gifts were legally accepted,” the investigators said.
Under the National Internal Revenue Code, the return of the donor shall be filed within 30 days after the date the gift was made.
“In this case, all the donor’s taxes for the gifts given in January 2025 were paid in December 2025, or almost 12 months thereafter,” the investigators said.
Aside from wanting the Ombudsman’s office to file a plunder case in court against Marcoleta, Defensor, Espiritu, and Viray, the investigators wanted the same office to file three indirect bribery cases against Marcoleta.
“Undoubtedly, respondent Marcoleta should also be charged for indirect bribery for accepting the gifts from the private individuals, which, although not given as consideration for a specific act, were actually given because of his position or potential influence as a public officer,” they said.
“To reiterate, while respondent Marcoleta admitted accepting the gifts and characterized them as ‘donations,’ the disposition of which rests upon his discretion, there is no indication as to his relationship with the givers and as to why he would be given such excessive amounts of money. The amounts given were of such magnitude and reason dictates that it can no longer be considered as an ordinary act of generosity, but rather a corrupt act done to gain unwarranted favors from the recipient,” they said.
Comelec to cooperate
The Commission on Elections (Comelec) has expressed readiness to assist and coordinate with the Office of the Ombudsman in its case against Marcoleta, even as its own motu proprio investigation into the lawmaker has already been dismissed, Comelec Chairman George Erwin Garcia said on Saturday.
In a statement, Garcia clarified that the poll body’s independently initiated inquiry into Marcoleta is no longer active.
“The Comelec is ready to help and coordinate with the Ombudsman,” Garcia said in Filipino. “On Comelec’s end, the motu proprio investigation against Senator Marcoleta has already been dismissed.”
He added that the commission has not taken up any move to revive the case.
“With regard to reviving the case, Comelec has not yet considered it,” Garcia said, adding that the agency has not received any motion for reconsideration.
Garcia issued the statement amid a separate criminal complaint filed before the Office of the Ombudsman against Marcoleta, which recommended the filing of charges for plunder and three counts of indirect bribery over alleged campaign donations totaling P75 million.
The complaint stated that the donations exceeded the P50-million threshold for plunder and may constitute indirect bribery, as these were allegedly given by reason of Marcoleta’s position as a public official.
