MANILA, Philippines — The Commission on Elections (Comelec) has summoned the campaign donors of Senators Rodante Marcoleta and Francis “Chiz” Escudero in connection with the complaints filed against them.
The Comelec initially conducted motu proprio investigations into the campaign donations of the two senators, but the poll body later on dismissed the probe after finding insufficient evidence to charge the senators.
This time, however, Comelec chair George Erwin Garcia said that separate complaints were filed against Lawrence Lubiano, Escudero’s donor in the 2022 elections, and Marcoleta’s 2025 campaign donors, namely Michael Tan Defensor, Joseph Varias Espiritu, and Aristotle Baluyut Viray.
READ: Lubiano-Escudero donation cleared by Comelec unit
“We have issued the subpoenas to the contributors,” Garcia told reporters in an interview.
Garcia noted that the reason why the Comelec did not summon Escudero anew is because of a complaint filed before the Supreme Court against the senator. Garcia said that the decision of the poll body’s Political Finance and Affairs Department (PFAD) to terminate the investigation into the case was questioned before the high court.
Garcia said that as the complaint filed before the SC does not include the name of the donor, this gives the poll body the authority to conduct an investigation on the donor based on the complaint filed by a private individual before the poll body’s law department.
“So without prejudice to the outcome of the decision of the Supreme Court regarding the public official mentioned, nothing can stop the Comelec in the meantime to begin the process for the contributor or donor,” he added.
The PFAD earlier ruled that it found no sufficient evidence that Escudero and Lubiano violated Section 95 of the Omnibus Election Code.
The said provision states that “[n]o contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following: (c) natural and juridical persons who hold contracts or subcontracts to supply the government or any of its divisions, subdivisions, or instrumentalities with goods or services, or to perform construction or other works.”
The last part of Section 95 also states that “[i]t shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated herein.”
READ: Comelec: Marcoleta didn’t commit poll offense in campaign contributions
Meanwhile, Garcia reiterated that no appeal was made against the PFAD’s decision to terminate the investigation into the campaign contributions of Marcoleta after it ruled that the senator did not commit any election offense over his non-disclosure of contributions.
“It’s not a criminal case, it’s now only administrative in nature. Therefore, we no longer have jurisdiction over it,” Garcia noted.
He then pointed out that the PFAD filed a complaint before the law department for conducting a preliminary investigation against the donors for their failure to submit their report of contributions 30 days after the elections.
He also noted that what the PFAD did is a motu proprio investigation based on available documents, while the law department wants to look into the evidence gathered by the private complainant.
“Preliminary investigation is different; it’s like the prosecutor. It determines whether there is probable cause against the said individual,” he added.
The PFAD earlier said that it terminated Marcoleta’s case as it found that the Republic Act No. 7166, or the Synchronized National and Elections Act, repeals Section 109 of the OEC as an election offense. Section 109 states that a candidate shall disclose the expenditures and contributions.
Garcia noted that the repealing of Section 109 of the OEC is only applicable to the candidates and not to the donors. With this, he said he personally finds it unfair that the politicians are absolved from it, but the contributors are not.
“This is the opportunity that we hope for the law to be amended before the 2028 elections. We hope for it to be reviewed so it will not be unfair,” he said. /cb
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