Comelec: Decision on Marcoleta’s Soce case may affect future elections

MANILA, Philippines — The Commission on Elections (Comelec) has admitted that its decision on the case of Senator Rodante Marcoleta over the disclosure of campaign contributions may affect future elections. 

Comelec Chairperson George Erwin Garcia made this statement as the Comelec en banc approved the recommendation of the Political Finance and Affairs Department (PFAD) to terminate the investigation “as there being no other evidence to show that Respondent committed any election offense.”

READ: Comelec: Marcoleta didn’t commit poll offense in campaign contributions

“Aaminin po namin na ito po ay makakaweaken, maaaring makapagpahina ng aming mandato sapagkat syempre, pwedeng palabasin na yung lahat ng donasyon ay naibigay sa panahon na hindi pa kandidato o sa panahon na hindi pa prohibited or kung hindi man, hindi madedeklara, bale wala na rin dahil hindi naman kasong kriminal,” Garcia told reporters in an interview. 

(We admit that this will weaken our mandate because others may make it look like that the donations were given even before they were declared as candidates or during the time it was not prohibited. It will also not be a case.)

Last November, the PFAD summoned Marcoleta to explain his non-disclosure of contributions in his statement of contribution and expenditure after the senator, in an interview with Net25, said that he did not declare contributions upon the request of his contributors to remain anonymous. 

In his affidavit, while Marcoleta admitted that he received P75 million from his three donors in three separate occasions, he argued that he received the donations before the start of the campaign period for national candidates. 

PFAD noted that the Section 109 of the Omnibus Election Code (OEC) mandates the full declaration of contributions, amount of expenditures and unpaid obligations and other particulars while the Section 98 of the same law states that the name of the contributor must be disclosed. 

The PFAD also cited that violation of the Section 109 constitutes an election offense under the Section 262 of the OEC.

The department, however, pointed out that Section 39 of the Republic Act No. 7166 of the Synchronized National and Elections Act, repeals Section 109 of the OEC.

“It means that it is already decriminalized. It is no longer a criminal case. That’s why, if a candidate, based on the RA 7166 did not disclose what is required by the Section 109, then he is not criminally liable,” Garcia explained.

Hence, Garcia called for the amendment of the OEC, emphasizing that it is already outdated for the current election situations. 

READ: Comelec to Marcoleta: Explain alleged inaccuracies in SOCE

Appeal to potential donors in future elections

While Marcoleta was cleared of any election offense, the Comelec en banc approved the recommendation of the PFAD to file a complaint for election offense before the law department to begin preliminary investigation against the senator’s donors: Michael Tan Defensor, Joseph Varias Espiritu, and Aristotle Baluyut Viray for their failure to submit individual report for contributions within 30 days after the elections. 

Garcia explained that the repealed provision only applies to the candidates, and not to the donors. 

Garcia called on the potential and interested campaign contributors for the upcoming elections to fulfill their obligations under the election law.

He reiterated that contributing for the campaign of a candidate is not prohibited.

“Kung kaya lang ay may corresponding na obligasyon ang mga tumatanggap at nagbibigay sa ating batas para mayroong transparency at kadahilanang bakit nagfafile ng Soce,” Garcia said.

(But the donors and candidates have corresponding obligations to the law to ensure transparency and reasons for filing the Soce.) /gsg