By Lane Afable, News Editor
Field investigators from the Office of the Ombudsman filed a complaint for alleged plunder against Sen. Rodante Marcoleta, former lawmaker Michael Defensor, and two other people before the said office which later ordered the respondents to file counter-affidavits.
In an Order dated May 21, 2026, the Office of the Ombudsman gave the respondents 15 days from receipt of its order to make the filing.
In the complaint, filed last May 18, the investigators said that “Marcoleta’s acceptance of gifts with an aggregate amount of PhP75 Million on three separate occasions constitute the crime of Plunder”. It allegedly happened when he was a member of the House of Representatives.
The investigators said that Marcoleta on Jan. 6, 2025 received P30 million from Defensor which, they said, was “evidenced by a Donor’s Tax Return and a… deposit slip showing that Defensor paid the donor’s tax on” Dec. 17, 2025.
The investigators said that Marcoleta on Jan. 8, 2025 received P25 million from Joseph Varias Espiritu which was “evidenced by a Donor’s Tax Return and a… deposit slip showing that Espiritu paid the donor’s tax on” Dec. 15, 2025.
The investigators said that Marcoleta on Jan. 9, 2025 received P20 million from Aristotle Baluyut Viray.
“Aside from the lack of a clear purpose or pending transaction for which the amounts received may be a consideration, there is no showing that the gifts would still be given were it not for Respondent’s position on government. Hence it cannot be denied that the P75 Million was given by Respondents Defensor, Espiritu, and Viray by reason of Respondent Marcoleta’s office”, the investigators said.
Defensor, Espiritu, and Viray “belatedly filed the donor’s taxes for the gifts. However, the payments were merely their afterthought and were intended to invoke good faith and make it appear that the gifts were legally accepted”, the investigators said.
Under the National Internal Revenue Code, the return of the donor shall be filed within 30 days after the date the gift was made.
“In this case, all the donor’s taxes for the gifts given in January 2025 were paid in December 2025, or almost 12 months thereafter”, the investigators said.
Aside from wanting the Ombudsman’s office to file a plunder case in court against Marcoleta, Defensor, Espiritu, and Viray, the investigators wanted the same office to file three indirect bribery cases against Marcoleta.
“Undoubtedly, Respondent Marcoleta should also be charged for Indirect Bribery for accepting the gifts from the private individuals, which although not given as consideration for a specific act, were actually given because of his position or potential influence as a public officer”, they said.
“To reiterate, while Respondent Marcoleta admitted accepting the gifts and characterized them as ‘donations’, the disposition of which rests upon his discretion, there is no indication as to his relationship with the givers and as to why he would be given such excessive amounts of money. The amounts given were of such magnitude and reason dictates that it can no longer be considered as an ordinary act of generosity, but rather a corrupt act done to gain unwarranted favors from the recipient”, they said.
