Escudero still not yet absolved from campaign donation issue – Comelec

Commission on Elections Chair George Erwin Garcia —FILE PHOTO BY MARIANNE BERMUDEZ/INQUIRER

MANILA, Philippines — Senator Francis Escudero is still not yet absolved from the campaign fund donation issue even after he submitted his affidavit to the Commission on Elections (Comelec), said its chairperson, George Erwin Garcia, on Thursday.

This is what Garcia answered when asked if Escudero is already absolved from the issue after his explanation behind his acceptance of a campaign fund donation.

“At this point, not yet. That is the reason why we asked them to explain, not just him, but also the contractor, and others if confirmed by the DPWH [Department of Public Works and Highways],” Garcia said in an interview with DZMM Teleradyo.

READ: Comelec: Chiz affidavit says he thought P30M was ‘private fund’

Escudero claimed that he only accepted the P30-million donation for his senatorial campaign in 2022 from Lawrence Lubiano, president of Centerways Construction and Development Inc., as he believed that the money came from a “private fund.”

Garcia on Tuesday said that this explanation from Escudero was contained in the affidavit his legal counsel filed before the Comelec. Escudero was ordered by the poll body to explain his acceptance of the campaign fund donation, which could be a violation of the Omnibus Election Code (OEC).

READ: Comelec not singling out Escudero on campaign donation issue – Garcia

Section 95(c) of the OEC 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 the 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.”

Garcia also said that just like what Escudero previously said in interviews, the senator accepted the donation in his belief that it is in a “personal capacity” as an acquaintance of Lubiano.

Garcia then noted that the poll body will weigh if the explanation will be a sufficient defense or will be a violation of an existing provision of the Section 95(c) of the OEC.

“That is what we will check if the law accepts distinction between private and personal capacity and the capacity as a president, owner, or official of a corporation,” Garcia noted.

Garcia reiterated that the poll body is not singling out Escudero over the issue of receiving campaign donations from a contractor. He said that this is because Lubiano and Escudero already publicly admitted to providing and accepting donations within each other.

Garcia also said that they are still waiting for the response of the DPWH on their request to identify who among its list of 54 contractors, who donated to candidates in the 2022 elections, had secured contracts with the government.

He added that once the DPWH confirmed that they were government contractors, then they will ask them, along with the candidates who received the donation, to explain.

Meanwhile, when asked if anyone will be held accountable on the investigations being done by Comelec, Garcia said that the poll body’s purpose is to prosecute if the individuals will be criminally charged.

He added that they may face one to six years of imprisonment and the candidates may face perpetual disqualification from holding public office if proven to be guilty by final judgment.

He also emphasized that the poll body will not be responsible for disqualifying the candidates as it already lost its jurisdiction over them, especially if they were already proclaimed, took an oath, and assumed office. /cb