Garcia: Law not clear on bets that got donations from gov’t contractors

Commission on Elections chairman George Erwin Garcia —PHOTO BY JOHN ERIC MENDOZA

MANILA, Philippines—The Commission on Elections (Comelec) would still have to decide on whether candidates who received campaign contributions from government contractors should be held liable as the law is “not clear” on its penalties.

Comelec Chair George Erwin Garcia made the remark on Wednesday as he stressed that the agency is focusing its investigation on the construction or service contractors who made campaign donations during elections and not the candidates themselves.

“It’s not very clear if a candidate has any liability for receiving support from a contractor. The law is not clear. But what is evident is the [penalties] for the actual contractor who made a contribution to a running candidate or political party,” Garcia said.

“If the candidate is liable because of these illegal contributions of construction companies or service contractors, that is a different matter altogether which the en banc will have to decide,” he added.

READ: Comelec to ask 4 contractors to explain prohibited poll contributions\

Garcia previously said that the Comelec may probe bets and contractors who donated to their campaign.

The statement came after Senate President Francis Escudero confirmed that he received a P30-million donation from Centerways Construction and Development Inc. during his 2022 senatorial campaign.

The company is one of the top 15 contractors who bagged the most flood control projects from the government as unveiled by President Marcos earlier this month.

Escudero, however, said that he did not help the contractor secure flood control deals.

Garcia later said that the Comelec will be writing letters to four contractors in order for them to explain their side regarding alleged prohibited campaign donations.

READ: Comelec to ask 4 contractors to explain prohibited poll contributions

On Wednesday, the Comelec chief explained that the agency would be looking into the Statements of Contributions and Expenditures of candidates, beginning with those from the 2022 national elections, given the “public interest” in the case.

“[W]e just need to know how many candidates, whether they won or lost, were proclaimed or not, had withdrawn or continued, benefited from government contractors, whether it’s a service contract or public works contract,” he said.

Garcia, however, pointed out that not all contributions from contractors are prohibited, as some of them may be private firms.

The Comelec en banc would also have to tackle the issue of contractors who made campaign contributions “in their personal capacity,” Garcia said.

The Comelec chair noted that Section 95 of the Omnibus Election Code details the individuals and institutions that are prohibited from making contributions for purposes of partisan political activity.

The section, in particular, prohibits contributions from “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.”

Under Sections 263 and 264 of code, officials of construction firms or service contractors who violate the election code would be penalized with one to six years of imprisonment and are disqualified from holding public office. /cb