Comelec's Garcia to inhibit from possible case vs Escudero

Commission on Elections (Comelec) chairperson George Erwin Garcia said Wednesday that he will inhibit should a complaint be filed against Senator Francis “Chiz” Escudero over the P30 million campaign donation he received from a contractor.

Garcia said he wrote a letter to Commissioner Rey Bulay, commissioner-in-charge of the Comelec political finance and affairs department (PFAD), to formally recuse himself should there be a complaint filed against Escudero due to their previous professional relationship.

“May sulat ako kay Commissioner [Rey] Bulay na ako ay nagi-inhibit sa kaso dahil nagkaroon tayo ng professional relationship sa kandidato na nabigyan ng mismong donation or contribution,” said Garcia. 

(I wrote to Commissioner Bulay saying I am inhibiting from the case because I had a professional relationship with the candidate who was given the contribution.)

“Therefore, from hereon, Commissioner Bulay will be in charge sa workings ng opisina lalo patungkol sa kaso na yan,” he added. 

(Therefore, from hereon, Commissioner Bulay will be in charge sa workings of the PFAD and the said case.)

The Comelec earlier issued a show-cause order against Centerways Construction and Development Inc. president Lawrence Lubiano asking him to explain his P30 million donation to Escudero’s 2022 senatorial campaign. He was likewise directed to defend why he should not be charged of an election offense for violating Section 95 of the Omnibus Election Code (OEC) and was invited to a formal meeting with the PFAD.

Garcia said Lubiano failed to attend the meeting initially scheduled on Monday, September 16. The contractor, however, confirmed to participate in the next scheduled hearing with PFAD. 

“Hindi naman ito meeting with the commission or the law department. This is just a case building para alamin kung dapat o hindi dapat kasuhan. Later on, the department will make a recommendation to the Comelec en banc on whether to file the case before the law department or dismiss the case in toto,” Garcia added. 

(This is not a meeting with the Comelec or the law department. This is just a case building to know if he should be charged or not. Later on, the department will make a recommendation to the Comelec en banc on whether to file the case before the law department or dismiss the case in toto.)

Lubiano, at a House hearing, admitted donating P30 million to Escudero's 2022 senatorial bid but 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.) 

A total of 52 contractors have been identified by the poll body to have donated to candidates in the 2022 elections. 

Contractors in government projects are prohibited from contributing funds to candidates under the 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.” — RSJ, GMA Integrated News