Groups appeal Comelec’s decision on Marcos, Duterte over donation ban

MANILA, Philippines — Election watchdog Kontra Daya and other sectoral groups have appealed the decision of the Commission on Elections (Comelec) on their complaint against President Ferdinand Marcos Jr., Vice President Sara Duterte, and two government contractors over alleged prohibited campaign contributions during the 2022 elections.

The groups filed their motion for reconsideration before the Comelec law department on Tuesday. In their initial complaint last April 17, the groups asked the Comelec to investigate Marcos, Duterte, Rudhil Construction Enterprises Inc. president Rodulfo Hulot Jr. and Esdevco Realty Corp., and Genesis 88 Construction president Glenn Escandor over alleged prohibited campaign contributions.

READ: Marcos, Duterte face complaint over election donation ban violation

The petitioners said that the respondents made millions in donations to Marcos and Duterte, noting that this is prohibited under Section 95 of the Omnibus Election Code where government contractors should not donate to any election campaign and that no person should receive contribution from them.

In an interview, Comelec chairperson George Erwin Garcia said that the law department dismissed the complaint due to Marcos and Duterte’s immunity from suit. Garcia noted that these two represent the state.

“There can be no suit against the state because if the two highest officials of the government are facing cases from their official actions, then they won’t be able to perform their duties well,” Garcia said.

Garcia explained that the two highest officials of the country are only immune from suit during their period of leadership.

“Outside or after that, they can face their cases or investigation,” Garcia added.

Garcia noted that while the law department dismissed the first complaint, the group is allowed to file their appeal for the said department to decide if the complaint can be elevated to the en-banc.

With this, Kontra Daya convenor Danilo Arao said that they want to challenge the law department based on two grounds: the immunity from suit does not apply with the vice president; and that there is a five-year prescriptive period of filing a case from when the alleged election offense happened.

“We want the Comelec to act on this because it sets a very dangerous precedent on the five-year prescription period, Arao said in a separate interview.

“Because it means that whoever wins in the 2028 elections can run free even if they have questionable campaign donations,” Arao added.

READ: Marcos ready to face ICI over P21-M contributions from contractors

Arao said that the groups will exhaust all possible legal remedies, not just at the level of the Comelec. He added this may reach the Supreme Court to have jurisprudence for next election cycles.

Arao also called on the Comelec to make reforms on the filing of candidates’ statements of contribution and expenditure. He added that this can be filed in real time, and not just after elections.

“This is not just Comelec’s responsibility, but also of political parties and candidates on how they can properly account their expenses,” he said.

In their first complaint, the petitioners cited a report of the Philippine Center of Investigative Journalism (PCIJ) which stated that Hilot was listed as one of Marcos’ biggest donors, contributing P20 million to his campaign.

Also citing the PCIJ, the petitioners said that Esdevco Realty Corporation was the sole corporate donor of Duterte, contributing P19,923,904. While the Department of Public Works and Highways earlier said that the corporation has no existing contracts with the agency, the petitioners said that Genesis88, which was owned by Escandor, bagged government contracts in 2022. /cb