Gov't contractors prohibited from contributing funds to candidates — Comelec

Contractors in government projects are prohibited from contributing funds to candidates, the Commission on Elections (Comelec) said Thursday.

Interviewed on GMA Integrated News’ Unang Balita, Comelec chairperson George Garcia said this is a violation of the Section 95 (c) under the Omnibus Election Code.

Article Xi of the Omnibus Election Code states:

"SECTION 95. Prohibited contributions. – No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following:"

"(c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works."

“Sila ay bawal mag-contribute sa isang kandidato yun pong mga contractors ng pamahalaan at kahit na anong political subdivision o kung sinuman yung may kontrata sa pamahalaan lalo na po kung ito ay public works,” he said.

(Those government contractors are not allowed to contribute to a candidate and any political subdivision or anyone who has a contract with the government, especially if it is public works.)

“Election offense po ito na may isa hanggang anim na taon na pagkakakulong at maaari rin pong maging dahilan ng pagkakakansela po ng mga lisensya o permit noong atin pong mga kumpanya na ito,” he added.

(This is an election offense that carries a one to six year prison sentence and can also be a reason for the cancellation of the licenses or permits of the companies.)

Asked about the punishment for elected officials, Garcia refused to answer as some people may question and file a complaint before the Commission due to “these developments.”

“Hindi ko po muna sasagutin dahil alam na alam ko maaaring may magkuwestiyon at mag-file ngayon sa Comelec dahil sa mga development na ito,” Garcia said.

(I won't answer for now because I know very well that someone might raise questions and file a complaint with the Comelec now because of these developments.)

On Monday, President Ferdinand ''Bongbong'' Marcos Jr. disclosed that 20% of the total P545 billion budget of flood control projects was awarded to only 15 contractors.

Marcos called the situation "disturbing."

No involvement in projects

On Tuesday, Senate President Francis "Chiz" Escudero admitted that Lawrence Lubiano, president of the Centerways Construction and Development Inc., was his campaign contributor in the 2022 elections. 

Centerways is one of the 15 contractors flagged by Marcos.

But Escudero denied involvement in any flood control projects in his home province of Sorsogon and other parts of the country.

"For the record, wala akong kinalaman sa pag-identify, paggawa ng program of work, pag-bid, pag-award, pagbayad, pag-inspeksyon ng anumang proyekto sa pamahalaan sa Sorsogon man o sa labas ng lalawigan ng Sorsogon," Escudero said.

(For the record, I have nothing to do with identifying, making a program of work, bidding, awarding, paying, or inspecting any government project whether in Sorsogon or outside the province of Sorsogon.)

He stressed that most of the contracts by Centerways were obtained before he became a senator again. Before seeking another term in the upper chamber, Escudero served as governor of Sorsogon from 2019 to 2022. 

"Wala at hindi ko alam nga kung ano man 'yun dahil hindi ako bahagi ng kanyang kumpanya at wala akong pakialam sa kanyang negosyo," Escudero said when asked if he ever helped Lubiano when he came back to the Senate in 2022.

(I had nothing to do with it and I don't know what that is because I'm not part of his company and I don't care about his business.)

Escudero questioned the "malicious and ill-timed" release of a report linking him to Lubiano. 

GNO sought a reaction from Escudero regarding Garcia's pronouncements and will update this article once we receive his reply. — RSJ, GMA Integrated News