Comelec probing when 15 contractors made contributions in Eleksyon 2022

The Commission on Elections (Comelec) is investigating whether 15 contractors who made campaign contributions to national candidates were able to secure government contracts before or after the May 2022 elections.

The poll body has said contractors who hold government contracts are barred from making contributions to poll bets.

Interviewed on Super Radyo dzBB, Comelec Chair George Garcia said, "'Yung mga sinasabing kontratista pero hindi pa confirmed kung sila ay kontratista sa pamahalaan at the time of the filing ng kandidatura ng mga naturang kandidato noong 2022, gusto naming alamin kung at the time na nag-file ng kandidatura 'yung kandidato ay kung mayrooon ba silang live contract sa pamahalaan o pagkatapos ba ng eleksyon ay nagkaroon sila ng kontrata sa pamahalaan."

(We would like to know if the contractors had government projects during the time of the filing of certificates of candidacy of their supported candidates in 2022. We want to know if during this time, did they have a live contract with the government, or did they hold the government contract after the elections.)

"Pagkatapos naming makita ang lahat ng listahan, susulatan namin ang DPWH (Department of Public Works and Highways) para malaman kung at the time may kontrata, before, during and after the election," Garcia said.

(After we examine everyone on the list, we will write to the DPWH to find out if the contract was entered into before, during, or after the election.)

The Comelec chair revealed Friday that the poll body has identified 15 contractors who provided donations or support to the campaign of 2022 elections candidates.

Garcia had said the poll body has yet to ascertain if all 15 are contractors with the government. 

He added that more contractors can be added to Comelec's list, because it has only been looking contributors of candidates for national positions and not at the local level.

With regard to the liability of the candidates supported, Garcia said, "Tsaka na namin pag-uusapan 'yung liability ng tumanggap. 'Yung importante muna, yung nagbigay. Kasi walang liability 'yung tatanggap kung legal naman ang binigay nung nagbigay."

(We'll discuss the liability of those who received the contributions later on. What's important is that we check those who made the contributions. Because the candidate who accepted a contribution has no liability if the it was legal anyway.)

Also during the interview on Super Radyo dzBB, Garcia assured that the Comelec was still looking into the possibility that more contractors would be investigated for potential violations.

"As of Wednesday, 15 [contractors] at maaari pa itong dumami. Patuloy ang ginagawang pagre-review ng aming Political Finance and Affairs Department. Sila ang in-charge sa mga SOCE," Garcia said, referring to the Statement of Contributions and Expenditures required from all candidates after elections, regardless if they win or lose.

In a matter of days, the Comelec's list has already expanded.

On August 22, Garcia said the Comelec was investigating three to four public works contractors for possible campaign contribution violations. 

The Comelec chief earlier said contractors in government projects are prohibited from contributing funds to candidates, citing that 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."

— VDV, GMA Integrated News