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Ombudsman files plunder raps vs Marcoleta, donors

Neil Jayson Servallos - The Philippine Star
Ombudsman files plunder raps vs Marcoleta, donors
Sen. Rodante Marcoleta

MANILA, Philippines — The Office of the Ombudsman has officially filed a plunder case against Sen. Rodante Marcoleta before the Sandiganbayan, rejecting his invocation of “utang na loob” or debt of gratitude to justify P75 million in undeclared funds and urging his supporters to let the law take its course.

In a statement released yesterday the ombudsman confirmed the formal court indictment of the lawmaker, stressing that the evidence, which includes Marcoleta’s own public admissions, left them with “no discretion to look away.”

Alongside Marcoleta, private individuals Michael Tan Defensor, Aristotle Baluyut Viray and Joseph Varias Espiritu are facing charges of plunder, indirect bribery and violation of Presidential Decree 46, which penalizes public officials for receiving gifts by reason of their office.

Addressing the senator’s public defense, the ombudsman pushed back against his attempt to frame the millions of pesos as a cultural debt of gratitude.

“We honor ‘utang na loob’ as one of our culture’s most beautiful values... But it has no place in public office,” the ombudsman stated.

“The moment gratitude is used to explain away P75 million in undisclosed money, it stops being ‘utang na loob’ and becomes exactly what our plunder and bribery laws were written to prevent,” it added.

The agency also addressed the backlash and protests staged by the Iglesia ni Cristo (INC), of which Marcoleta is a member.

Asserting its independence, the ombudsman said: “We recognize this case has stirred intense public debate, and we respect every citizen’s right to an opinion, to rally and to demand accountability... What we ask in return is what we ourselves commit to: let the facts and the law decide, not sentiment or fear.”

The specific mechanics of the alleged crime are detailed in a Precautionary Hold Departure Order (PHDO) application filed by the Office of the Special Prosecutor to prevent the respondents from fleeing the country.

According to the prosecution’s filings, Marcoleta initially declared exactly “Php 0.00” in both cash and in-kind contributions in his statement of contributions and expenditures (SOCE) for the 2025 senatorial elections.

However, during a motu proprio investigation by the Commission on Elections, Marcoleta submitted a Verified Position Paper in December 2025 admitting that he received P75 million in early January 2025, prior to the official campaign period.

The court documents show that he received last year P30 million from Defensor on Jan. 6, P25 million from Espiritu on Jan. 8 and P20 million from Viray on Jan. 9.

State prosecutors emphasized that this massive sum was entirely omitted from Marcoleta’s statements of assets, liabilities and net worth (SALN) for both June 30 and Dec. 31, 2025.

The ombudsman alleged that Defensor, Viray and Espiritu acted as co-conspirators in a scheme to conceal the true nature of the funds.

The donors attempted to legitimize the P75 million by belatedly paying donor’s taxes in mid-December 2025 – nearly a year after the money changed hands – which prosecutors dismissed as a mere “afterthought.”

“By taking undue advantage of his official position as then representative of the Social Amelioration and Genuine Intervention on Poverty (SAGIP) party-list... respondent Marcoleta unjustly enriched himself at the expense and to the damage and prejudice of the Filipino people,” the PHDO application read.

Arrest protocols

The Philippine National Police has protocols in place for the enforcement of a warrant of arrest should the Sandiganbayan issue one against Marcoleta.

PNP spokesman Col. Allen Rae Co said the same template they used in arresting Sen. Jinggoy Estrada will be used should the anti-graft court issue an arrest warrant for Marcoleta.

“We follow the systems and protocols in our operations so most probably it will still be the same,” Co told reporters at a news briefing.

Co said police officers will implement the warrant even if Marcoleta seeks refuge in the Senate.

“We will be coordinating if ever this will be done (at) the Senate,” he said.

Rally peaceful – PNP

Despite what it described as minor incidents, the PNP said the three-day INC rallies in Quezon City and Manila were relatively peaceful.

The INC concluded its rally at the Liwasang Bonifacio in Manila on Thursday at around 7 p.m. without any untoward incident.

From Tuesday to Wednesday, thousands of members of the religious sect occupied the corner of EDSA and White Plains Avenue as well as Temple Drive in Quezon City.

“While minor incidents were recorded during the first day of the activity and were promptly addressed in accordance with existing laws and established operational procedures, the second and third days of the public assembly were generally peaceful and orderly,” PNP chief Gen. Jose Melencio Nartatez Jr. said.

The crowd at Liwasang Bonifacio peaked at 4,400 while over 15,500 demonstrators attended the first day of the INC’s rally in Quezon City.

Nartatez lauded rally organizers and participants for cooperating with the authorities and maintaining discipline among their ranks.

He also thanked police officers for exercising maximum tolerance despite the aggressive behavior of some protesters, particularly those who blocked the northbound lane of EDSA on Tuesday.

“I commend every officer who faithfully performed their duty while respecting the constitutional right to peaceful assembly,” he said. — Emmanuel Tupas

OMBUDSMAN

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