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Contractor donations a criminal offense under election code – COMELEC
Contractor donations a criminal offense under election code – COMELEC
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Contractor donations a criminal offense under election code – COMELEC
by Thea Divina15 October 2025
Sen. Francis "Chiz" Escudero and COMELEC Chair Atty. George Garcia

The Commission on Elections (COMELEC) has vowed to conduct a fair and impartial investigation into the ₱30-million campaign donation received by Senator Francis “Chiz” Escudero from a government contractor during the 2022 elections.

In an interview on DZRH’s Balansyado, COMELEC Chairman George Garcia said the poll body will carefully determine whether the contribution violated the Omnibus Election Code, which strictly prohibits candidates from accepting donations from individuals or companies involved in government contracts.

Garcia explained that under the law, both giving and receiving such contributions are criminal offenses.

“Sa ating Omnibus Election Code, more particularly ‘yong tinatawag na Section 92, letter C (Prohibited Contribution); mga pinagbabawal na pagbibigay sa panahon ng kampanya ay sinasabing bawal magbigay ang isang juridical or natural person, tao o kaya naman isang korporasyon na may involvement sa public works contract o kaya naman service contractor,” Garcia said.

Garcia noted that the law imposes a penalty of one to six years in prison and perpetual disqualification from public office for those found guilty.

However, he clarified that the COMELEC’s jurisdiction is limited to the criminal aspect of the case, not on removing officials who have already assumed office.

“Hindi habol ni COMELEC committee ang pagtanggal ng nakaupo na, naproklama na, nakapag-oath, nakapag-assume na ga opisyal ng pamahalaan. Wala na kaming jurisdiction basta sila ay nakapag-assume na,” Garcia said, explaining that other government bodies handle disqualification or removal proceedings.

The case came to light after Center Race Construction and Development, Inc. admitted before Congress that it donated ₱30 million to Escudero’s campaign while being a public works contractor.

Garcia said the contractor’s admission simplifies the case compared to other ongoing investigations where COMELEC still needs to confirm if donors are government contractors.

“‘Yong kontratista ay umamin na sa mababang kapulungan na siya’y isang public works contractor at nagbigay siya ng 30 milyong piso sa naturang politiko,” he said.

Escudero, meanwhile, also admitted receiving the donation but argued that it was given “in a personal capacity.” Both he and the contractor claimed it was a private transaction between friends, unrelated to any business or government contract.

Garcia described Escudero’s defense as reasonable but said it must still be examined under the law. “Napaka-gandang depensa niya. Ang gagawin natin diyan ay ibabanga natin ‘yan doon sa provision ng section 95C kung ‘yan ba ay matuwid at tamang pagbigyan na depensa,” he said.

The COMELEC chairman also mentioned that 54 other cases of questionable campaign donations are under review, including one involving a real estate company whose records are still being verified with the Department of Public Works and Highways (DPWH).

“Meron kaming sinama ‘realty corporation’, mataas na posisyon ‘yong nabigyan, pero iba ‘yong realty corporation sa public works contractor. Gusto namin maconfirm ‘yan mula sa DPWH,” Garcia added, explaining that this verification process has delayed other investigations.

Garcia assured the public that the COMELEC will handle the Escudero case with objectivity and integrity, stressing that the commission’s only guide will be the law.

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