Senator Rodante Marcoleta isn't backing down. He's officially told the Ombudsman that the plunder and indirect bribery complaint against him — over P75 million in campaign donations — is "legally insufficient."
The Ombudsman received the counter affidavit on June 5, but it only reached the media over the weekend. In it, Marcoleta argues that the complaint fails to establish the basic elements of the crimes he's accused of.
"The Complaint-Affidavit is legally insufficient because it doesn't establish the elements of the offenses charged," the document states.
At the heart of the case are donations from former Representative Mike Defensor, as well as individuals Joseph Espiritu and Aristotle Viray. The complaint alleges these funds were used to bankroll Marcoleta's campaign and constituted plunder and indirect bribery.
But Marcoleta's camp insists the money wasn't public funds. The counter affidavit points out that the donations came from private individuals, not from the government treasury. Without public money, the senator argues, there can be no plunder — which under Philippine law requires the misappropriation of public funds.
A group that hasn't been named in initial reports filed the complaint, but Marcoleta's response makes clear he intends to fight the allegations head-on.
Marcoleta is no stranger to controversy. Before his election to the Senate in 2022, he served three terms as a representative of the party-list group Sagip. He was a key figure in the House of Representatives during the ABS-CBN franchise denial in 2020, where he was one of the most vocal critics of the network. His move to the Senate put him in the majority bloc, allied with President Ferdinand Marcos Jr.
The P75 million figure has drawn attention because of its size. Campaign finance limits in the Philippines are strict — individual candidates for senator can spend only P3 per voter, which in 2022 amounted to roughly P167 million for the entire campaign period. Donations above certain thresholds must be reported, and questions about the source and legality of large sums often spark investigations.
The Ombudsman will now evaluate Marcoleta's counter affidavit and decide whether to dismiss the complaint or proceed with a preliminary investigation. If probable cause is found, the case could move to court. But given the high legal bar for plunder — which requires at least P50 million in ill-gotten wealth and a series of criminal acts — Marcoleta's defense may have a strong foundation.
For now, Marcoleta continues to serve in the Senate. The complaint hasn't led to any suspension or preventive measure. But the political damage may already be done: the case adds to the public scrutiny of campaign financing in the Philippines, where big money and politics have always had a complicated relationship.