Escudero’s lawyer seeks extension in filing affidavit before Comelec

Sen. Francis ‘Chiz’ Escudero — File photo from Senate Public Relations and Information Bureau

MANILA, Philippines — The lawyer of Sen. Francis “Chiz” Escudero was unable to appear before the Commission on Elections (Comelec) on Monday to submit an affidavit with regards to the P30-million donation given to the lawmaker by a contractor, asking the commission for an extension instead.

“We received information that the lawyer may ask for an extension. If not today, until Wednesday,” Comelec Chair George Erwin Garcia said in an ambush interview, before later confirming that Escudero’s lawyer had indeed failed to appear.

Despite this, Garcia said “for us, we don’t have a problem because the set date for his response and attendance, if possible, is not mandatory, that it needs to be exact, no extensions. It is okay because what we’re doing is just case buildup.”

Comelec had earlier issued a show cause order to Escudero, directing the senator to explain the P30-million campaign donation he received from Lawrence Lubiano, president of Centerways Construction and Development Inc., during the 2022 elections.

READ: Chiz Escudero welcomes Comelec show-cause order: ‘No law violated’

Escudero can either appear by himself on October 13 at the Comelec office or submit an affidavit to the agency through his lawyer, Garcia had said.

The Comelec chief did not say when exactly Escudero’s lawyer would appear at the agency’s office to submit an affidavit.

Previously, the Comelec also issued a show cause order for Lubiano, asking the contractor to explain why he should not be charged with an election offense for his P30-million donation the Escudero’s senatorial campaign.

Section 95 of the Omnibus Election Code prohibits “natural and juridical persons who hold contracts or subcontracts” with the government to make contributions “for purposes of partisan political activity.”

The same provision also says that it is unlawful for any person to solicit or receive any contribution from government contractors.

Garcia said Lubiano had claimed in his affidavit that the donation was made in his personal capacity, and did not come from the company.

READ: Comelec issues show cause order vs contractor over Escudero donation

Once the Comelec receives Escudero’s response, Garcia said the agency’s political finance and affairs department would have to come up with a recommendation on whether a case may be filed against the senator and the contractor.

Meanwhile, the Comelec is also looking into 54 other contractors who gave donations to candidates during the 2022 elections, although the agency still has to confirm with the Department of Public Works and Highways (DPWH) whether these firms had contracts with the government.

“We are trying to find a solution with the secretary of the DPWH, to hopefully expedite [the process.] Again, we understand the situation, for they are currently facing a lot at the moment and therefore they can’t handle this,” Garcia said.

“But this is also important. As long as it is hanging, everyone is pointing, everyone is worried. Who is the 54? But the commitment of the Comelec is as soon as we receive a verification from the DPWH, we will release the list [of contractors and candidates],” he said. /das