The COMELEC on Wednesday doubled down on its decision to dismiss the complaint involving the alleged ₱75 million campaign donation to Sen. Rodante Marcoleta, saying the matter is no longer considered a criminal offense under existing election laws.
The Comelec had already closed its investigation into the complaint in March. The Sandiganbayan, however, ordered the arrest of Marcoleta and three co-accused on Monday in connection with a plunder case arising from the campaign donation issue.
Speaking on “The Spokes,” Comelec Chair George Erwin Garcia said the complaint was dismissed because a 1991 amendment reclassified the failure to disclose campaign contributions as an administrative violation punishable by a fine rather than a criminal offense.
“In 1991, yung tinatawag na synchronized election law, dinecriminalize yung non-filing or non-reporting of the donors, the contribution,” he said. “And so what can the Comelec do? How can you prosecute if that is no longer punishable? We have to dismiss the case.”
While candidates are no longer criminally liable for failing to disclose campaign contributions, Garcia said donors remain subject to criminal penalties if they fail to report their donations. Garcia said Congress should amend the law to correct what he described as unequal treatment of candidates and donors under election rules.
Marcoleta and his co-accused have repeatedly denied the allegations, insisting that the charges are politically motivated. The senator, however, said he was prepared to face the legal process rather than evade it.
According to the Philippine National Police General Hospital, Marcoleta is suffering from degenerative disc disease of the cervical spine, mild pneumonia and fluctuating high blood pressure.
