Macalintal: Election law bars campaign donations from gov’t contractors

Atty. Romulo Macalintal — File photo

MANILA, Philippines – In the wake of controversies over multibillion-peso flood control projects awarded to corporations linked to public officials, veteran election lawyer Romulo Macalintal reiterated that soliciting or receiving campaign donations from any entity or individual with government supply or service contracts is prohibited.

In a statement, Macalintal cited Commission on Elections (Comelec) Resolution No. 10772 for the 2022 elections and Resolution No. 11109 for the 2025 elections, which both provide that donations from domestic corporations to any political party or candidate is considered “reasonable” if it does not exceed 5 percent of the corporation’s taxable income on the taxable year immediately preceding the elections.

“The same resolutions both provided the general rule that no person shall solicit or receive directly or indirectly contribution for partisan political activity from any entity or person who holds contracts to supply the [government] with goods or services or to perform construction and other works,” he said.

Macalintal pointed out that this prohibition is likewise provided under the Omnibus Election Code Section 95(c), which states that contributions are banned from persons “who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works.”

“Violation of this rule is an election offense which carries the penalty of one to six years imprisonment with no probation and disqualification to hold public office,” Macalintal said.

A congressional inquiry at the House of Representatives is slated to be handled by a tricommittee composed of the public accounts, public works and good government panels.

READ: House tricom to probe flood control projects

This after President Ferdinand Marcos Jr. bared the list of contractors that cornered P100 billion in flood control projects nationwide since 2022, and has since put into spotlight two members of Congress supposedly tied to them: Ako Bicol Rep. Elizaldy Co and Senate President Francis Escudero. /mr