Comelec en banc to decide on Escudero’s campaign donation case

MANILA, Philippines — The Political Finance and Affairs Department (PFAD) of the Commission on Elections (Comelec) already transmitted its recommendation to the Comelec en banc on the case of campaign donation received by Senator Francis Escudero from a contractor.

Comelec Chairperson George Erwin Garcia shared this development on Wednesday, after the PFAD conducted a motu proprio investigation and issued separate show cause orders (SCO) to Escudero and his contractor donor.

READ: Escudero still not yet absolved from campaign donation issue – Comelec

Garcia noted that if the PFAD did not launch an investigation on its own initiative, the recommendation would not have to immediately go through the en banc. In such cases, Garcia said that the case would elevate to the law department first if the PFAD finds probable cause to file a case.

“The PFAD already made their recommendation but of course we gave them two weeks to make the recommendation so the members of the commission [en banc] will have enough time to review the recommendation,” Garcia told reporters in an interview.

However, Garcia refused to disclose what the PFAD’s recommendation was as he did not want to pre-empt the decision of the Comelec en banc. He also reiterated that he inhibited from the case as he had former professional ties with Escudero.

Garcia then noted that while the case is not difficult to resolve as the facts are settled, he said that it is a “case of first impression.” He explained that the remaining members of the en banc may have their own interpretations of the law.

“There had been no ruling before, and the Supreme Court had no interpretation on this case before. Therefore, it is an open-ended question. It is a question of law,” Garcia stressed.

Garcia added that a disposition on the case may be released next week. He shared that the en banc may dismiss or adopt the recommendation filed by the PFAD.

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

During one of the previous hearings of the House of Representatives, Lawrence Lubiano, president of Centerways Construction Corporation, admitted to donating P30 million to the campaign of then-senatorial candidate Escudero in the 2022 elections.

This was then confirmed by Escudero, but he clarified that he did not help the firm secure government projects. The firm is one of the 15 contractors that bagged most flood control projects from July 2022 to May 2025.

With this, the Comelec asked Escudero and Lubiano to explain the donation as it could be a violation of the Omnibus Election Code (OEC). The OEC prohibits government contractors from donating to election campaigns, while election candidates are not allowed to solicit or receive any contribution from them.

However, Garcia earlier shared that Escudero, in his answer to the SCO, said that he only accepted the donation as he believed the money came from a “private fund.”

Meanwhile, Garcia shared that the poll body has not received any explanation from 27 government contractors that donated to the campaigns of several candidates in the 2022 elections.

Garcia added that they have until November 21, 2025 to submit their affidavits. /cb