Escudero to answer show cause order—Comelec

Senator Francis “Chiz” Escudero is set to submit his response to a show cause order (SCO) asking him to explain the P30 million campaign donation he received from a contractor for his 2022 senatorial bid on Tuesday, according to the Commission on Elections (Comelec). 

Comelec chairperson George Erwin Garcia on Monday said the lawmaker’s legal representative will likewise appear before the poll body on October 14 for a meeting.

“[He will submit] tomorrow,” Garcia told GMA News Online when asked about the status of Escudero’s response. 

Earlier in the day, the poll chief disclosed that the senator’s office notified the Comelec that it may not be able to submit its response to the SCO on Monday. 

“The fact na magf-file sila ng affidavit o document na pagpapatunay na mali ang accusations sa kanila ay kinikilala nila na ang Comelec ay may jurisdiction sa ganitong klaseng mga kaso,” Garcia told reporters.

(The fact that they will file an ffidavit or a document proving the accusations against them as wrong means that they recognize that the Comelec has jurisdiction over these cases.)

“Para sa amin, okay na kami sa ganung bagay. At least naman makakapaggawa na kami ng sariling determination at decision sa kaso,” he said. 

(That is enough for us. At least, we can create our own determination and decision over the case.)

The Comelec previously issued an SCO against Escudero, asking him to explain the P30 million in campaign donations he received from Centerways Construction and Development Inc. president Lawrence Lubiano. It also said it will summon the senator for a meeting regarding the issue on October 13. 

“Wala tayong problema dahil sapagkat itong ating naset up na araw sana sa pagsagot o pagpunta nya kung mararapatin ay hindi mandatory na exactly dapat walang extension. Okay lang po yun total ito ay case buildup ang ginagawa natin,” said Garcia. 

(We have no problem with extending because the date we set for the hearing was not mandatory. It is okay because we are on the case buildup phase.)

“Asahan ng mga kababayan natin na matapos ng butihing senador ay sumagot na dito sa accusations sa kanya ay submitted na for decision ang kaso and therefore, yung opisina namin na in charge dyan, yung PFAD, ay kaagad na ppwede na magkaroon ng recommendation kung iddismiss ba o itutuloy ang kaso laban sa kanya at sa kanyang kontratista na nagbigay ng P30 million,” he said. 

(The public can expect that after he submits his response, this will be submitted for decision and therefore the PFAD can file a recommendation whether to file or not to file a case against the respondents.)

In September, the poll body issued an SCO against Lubiano asking him to explain his millions-worth of campaign donation to Escudero and defend why he should not be charged with an election offense for violating Section 95 of the Omnibus Election Code (OEC) after he admitted the donation during a House hearing.

However, he said the donation came from his own pocket.

Escudero had also said Lubiano was his campaign contributor in the 2022 elections but added that he had no involvement in any flood control projects in his home province of Sorsogon and other parts of the country.

Meanwhile, Garcia clarified that the Comelec may only file criminal charges against the lawmaker. However, his removal from office is not part of their duty. 

“Ang purpose ni Comelec base sa OEC ay ang pagsasampa ng kasong criminal o pagdetermine kung may kasong criminal na nacommit ang mga respondents,” he said. 

(Our purpose under the OEC is to file and determine if there should be criminal charges filed against the respondents.)

“Baka kasi ang expectations ng lahat kami nag magtatanggal sa kanila. Hindi po. Ibang opisina po yan. Sakaling may findings ang Comelec, maaari nilang gamitin ang aming mga ebidensya, findings pero sa ibang opisina nakalaan ang tanggalan ng officials, national man or local,” he added. 

(Some people may expect that we are in charge of unseating them, no. That is part of the duties of other offices. However, they can use our findings and evidence.)

OEC

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.”  —LDF, GMA Integrated News