Comelec issues show cause order vs. Lubiano over Chiz donation

The Commission on Elections (Comelec) on Thursday directed Lawrence Lubiano, president of Centerways Construction and Development Inc. (CCDI), to explain his P30-million donation to the 2022 campaign of Senator Francis "Chiz" Escudero. 

Comelec Chairperson George Erwin Garcia said the poll body issued a show-cause order against Lubiano, asking him to explain the campaign donation and why he should not be charged of an election offense for violating Section 95 of the Omnibus Election Code (OEC). 

Under this rule, contractors engaged in government projects are prohibited from contributing funds to candidates.

Lubiano was likewise invited to a formal meeting with the poll body. 

"Dahil sa kaniyang admission na siya ay nagbigay ng P30 million sa isang kandidato, ating minarapat na i-afford siya ng due process, ipaliwanag ang kaniyang sarili at ipaliwanag kung bakit siya dapat kasuhan ng isang election offence for violation of Section 95(c) of OEC," Garcia said. 

(Because of his admission that he donated P30 million to a candidate, we decided to afford him due process and explain why he should not be charged with an election offense for  violation of Section 95(c) of OEC.)

Lubiano was given ten days to respond. 

"Maliban sa written explanation, maganda siguro kung maipatawag din upang magkaroon ng formal meeting," the poll chief said. 

(Apart from a written explanation, it would be good to have a formal meeting with him.)

"May mga bagay na kailangan na ikumpirma ng commission sa kaniya kahit na mayroon siyang pag-amin sa Mababang Kapulungan noong siya ay humarap dito. Kailangan may maitanong sa kaniya para makita namin ang extent ng kaniyang contribution at donation," he added. 

(We have some things that we needed to confirm even though he already made an admission before the House of Representatives. We also need to ask about the extent of his contributions and donations.)

At a House hearing, the contractor admitted donating P30 million to Escudero's senatorial bid in 2022. Lubiano, however, said his donation was from his own pocket.

"Your honor, personally ko po donation or nag-donate po ako kay Senator Chiz, 'yung P30 million. Hindi po galing sa company 'yun, galing po 'yun sa akin as a personal individual," he said. 

(Your honor, I personally made the P30 million donation to Senator Chiz. It was not sourced from the company, I gave it as an individual.) 

Escudero next

According to Garcia, the Comelec already requested the Department of Public Works and Highways (DPWH) for certifications to determine whether or not 52 contractors that donated to candidates in the 2022 polls were engaged in government contracts at the time. 

He also said the poll body will issue a SCO against Escudero after the DPWH certification and Lubiano's response. 

"After ng contractor, amin naman pong susulatan ang kandidato na umamin din na nakatanggap ng tulong na mula sa isang kontratista pero ang contention ay nagbigay ng donation in his personal capacity," Garcia added. 

(After the contractor, we will write to the candidate who likewise admitted to receiving help from a contractor, whose contention was that the donation was made in his personal capacity.)

OEC

Under Article XI Section 95 covering electoral contributions and expenditures, 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