The Commission on Elections (COMELEC) dismissed an election offense complaint filed against President Ferdinand R. Marcos Jr. and Vice President Sara Duterte over alleged illegal campaign donations during the May 2022 elections, citing the principle of immunity from suit for sitting top officials.

COMELEC Chairman George Garcia confirmed during an interview on Kapihan sa Manila Bay hosted by Marichu Villanueva that the poll body’s law department had rejected the complaint.

Garcia explained that the decision was based on the legal interpretation that the president and vice president cannot be sued criminally while in office.

“Base sa kanilang interpretasyon, ang bise presidente ay immune from suit. Ang ibig sabihin po ng immune from suit ay hindi niyo kagaling kasuhan ang presidente at bise presidente, dahil kasong kriminal. Bawal po silang kasuhan,” Garcia said.

The complaint stemmed from a petition filed by several groups led by the election watchdog Kontra Daya, which sought a preliminary investigation into alleged violations of the Omnibus Election Code. The groups accused the two top officials of allegedly receiving campaign donations from government contractors during the 2022 polls.

Despite the dismissal, Garcia clarified that the ruling does not grant permanent immunity from accountability, stressing that cases may still be pursued once the officials step down from office after their term ends in June 2028.

The complaint had raised concerns over possible violations of election laws, but COMELEC maintained that existing legal doctrines prevent criminal proceedings against incumbent high-ranking officials.

The two officials involved, Ferdinand R. Marcos Jr. and Sara Duterte, have yet to issue public statements regarding the dismissal of the complaint.