By Lane Afable, News Editor
The Office of the Ombudsman on has asked the Sandiganbayan to issue a Precautionary Hold Departure Order (PHDO) against Sen. Rodante Marcoleta and three other individuals over complaints of plunder and indirect bribery and violation of Presidential Decree No. 46.
The anti-graft body filed a verified ex parte application for the issuance of a PHDO against Marcoleta, former Rep. Mike Defensor, and a certain Aristotle Viray and Joseph Espiritu.
The PHDO hearing will be conducted by the Seventh Division today.
A PHDO is a written court order directing the Bureau of Immigration (BI) to prevent any attempt by a person suspected of a crime punishable by a minimum penalty of at least six years and one day from leaving the country.
This order is based solely on the finding that there is a high likelihood that the respondent will flee the country and does not determine the respondent’s guilt.
The possible criminal complaint against Marcoleta surfaced last Friday.
The Office of the Deputy Ombudsman for Luzon’s field investigation bureau recommended plunder and indirect bribery complaints against Marcoleta, Defensor, Viray and Espiritu over alleged campaign donations worth P75 million.
They also said that violation of PD No. 46, or the decree which prohibits public officials and employees from receiving gifts from private persons on any occasion, should be filed against Marcoleta.
In January 2025, Defensor, Espiritu and Viray allegedly donated P30 million, P25 million and P20 million for Marcoleta’s senatorial bid, the complaint stated.
The complaint also noted that Marcoleta declared “no cash or in kind contributions” in his statement of contribution and expenditures he submitted to the Commission on Elections (Comelec).
The campaign period only began on February 2025, and the Supreme Court, in a 2009 ruling, stated that a candidate is only liable for election offenses only upon the start of the campaign period.
The Comelec cleared Marcoleta from any election offense.
However, the complaint said the P75 million donation was not declared in Marcoleta’s statement of assets, liabilities, and net worth (SALN) as of June 30, 2025.
Instead, it said, Marcoleta only declared P39.6 million in his SALN, which he said he acquired from 1992 to June 30, 2025.
“While Respondent Marcoleta’s failure to declare the donations/contributors from Respondents Defensor, Espiritu, and Viray did not constitute any election offense, his acts as discussed above should nevertheless give rise to criminal and administrative liabilities,” the complaint stated.
On Monday, Marcoleta broke his silence, saying the charges are trumped up.
“Let me state the legal defenses plainly on the allegations against me: The law did not define the limits of liberality among friends. They did not say that friendship must stop at a number chosen by one’s accusers. They did not say that generosity becomes criminal merely because the amount is substantial. What the law forbids is not liberality; it forbids corruption. What it condemns is not friendship; it condemns the sale of public duty. At least I stated the truth. At least I faced the issue. At least I did not hide behind silence,” Marcoleta said in his privilege speech during the Senate plenary session.
