MANILA, Philippines — The Office of the Ombudsman has yet to file a plunder complaint against Sen. Rodante Marcoleta, although the resolution is in its final stages, Assistant Ombudsman Mico Clavano said Tuesday.
Clavano gave the update as members of the Iglesia ni Cristo held an unauthorized rally along EDSA, citing the anticipated filing of the case against Marcoleta. The gathering caused traffic congestion on surrounding roads.
“As mentioned by the Ombudsman yesterday, the resolution is in its final stages already, but he anticipates that the resolution may be signed and the information may be filed,” Clavano said.
On Monday, Ombudsman Jesus Crispin Remulla announced that the Office of the Ombudsman would file plunder charges against Marcoleta before the Sandiganbayan this week over an alleged failure to declare P75 million in campaign donations in his statements of assets.
In May, the Office of the Deputy Ombudsman for Luzon recommended filing plunder and indirect bribery charges against Marcoleta, who is a member of the Iglesia ni Cristo.
Clavano said investigators retained prosecutorial independence over the timing of the filing but reported that the case was “very, very near already.”
Marcoleta denied the allegations and described the planned filing of the nonbailable plunder case as politically motivated. He said it was intended to prevent him from scrutinizing flood control projects and participating in the impeachment trial of Vice President Sara Duterte.
Clavano rejected the allegation, saying the evidence supporting the complaint came from Marcoleta’s own admissions and documents.
Sen. Panfilo Lacson expressed confidence that Remulla would not yield to pressure from the Iglesia ni Cristo demonstrations.
Marcoleta argued that the complaint lacked legal basis because the funds involved were private campaign donations rather than public funds.
Clavano said the Anti-Plunder Act does not limit plunder to public funds and that private funds may also constitute plunder when accompanied by acts of corruption, including indirect bribery.
State prosecutors accused Marcoleta and campaign donors former Anakalusugan Rep. Mike Defensor and businessmen Aristotle Viray and Joseph Espiritu of indirect bribery. According to the complaint, the donors contributed P30 million, P25 million and P20 million, respectively.
Clavano said public officials generally cannot accept such amounts from private individuals except during the campaign period. He said investigators alleged Marcoleta failed to disclose the donations in his Statement of Contributions and Expenditures and Statement of Assets, Liabilities and Net Worth.
The complaint stated that Marcoleta declared assets worth P39.6 million in his SALN.
Marcoleta acknowledged in an interview with Net 25 that friends had contributed to his campaign on the condition that their identities would remain confidential.
In his counter-affidavit, Marcoleta said he did not declare the P75 million in his SALN because he had already spent the money during the campaign. He also said the donation did not appear in his SOCE because he received it before the official campaign period.
The Commission on Elections dismissed an election offense complaint against Marcoleta, but the Office of the Ombudsman proceeded with its own investigation.