Comelec department clears Escudero, contractor over P30-M campaign donations

The Commission on Elections' Political Finance and Affairs Department (PFAD) has cleared Senator Francis “Chiz” Escudero and a contractor in connection with the P30 million campaign donations the senator received for his 2022 senatorial bid.

In a nine-page resolution, the PFAD recommended the termination of the investigation against Escudero and Centerways Construction and Development Inc. president Lawrence Lubiano, finding that Lubiano and Centerways are distinct legal entities.

“In view of the foregoing, this Office recommends termination of this investigation as there being no evidence to support a complaint that Section 95(c) of the OEC was violated by respondents Lubiano and Escudero,” it said.

Section 95 of the Omnibus Election Code prohibits "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" from making political donations.

Though Lubiano previously admitted donating P30 million to Escudero's senatorial bid, he said the donation came from his own pocket.

According to PFAD, Escudero and Lubiano did not violate the Omnibus Election Code.

“The mere fact that respondent Lubiano serves as Centerways' president does not justify disregarding their separate juridical personality in the absence of clear evidence of fraud, bad faith, or any act aimed at evading legal obligations,” it said.

“The record is devoid of any such proof and as such, the claim that respondent Lubiano acted as an alter-ego of Centerways in order to circumvent Section 95 of the OEC lacks merit,” it added.

The Comelec said that Lubiano only exercised his right when he contributed to Escudero. It said that there is no evidence that the contribution originated from Centerways.

“In the absence of such evidence, this Office cannot presume such fact. Mere allegation, unaccompanied b y any proof, is insufficient to disregard the separate legal personality of either respondent Lubiano or Centerways,” it said.

It said that since Lubiano did not violate Section 95 of the Omnibus Election Code, it follows that Escudero’s acceptance of his contribution “suffers no legal impediment.” 

‘Fair process’

Escudero, in response, said that the Comelec PFAD’s ruling “strengthens [his] faith in our institutions and reinforces [his] commitment to continue serving with integrity and accountability.”

“Since we first ran for public office in 1998, we have worked to consistently comply with our election laws because this is the foundation of public trust,” the senator said in a statement.  

“The Commission on Elections decision affirms what we have always believed and practiced—that transparency, honesty, and adherence to the rules matter, and that the truth prevails when the process is fair,” he added. 

In August, Escudero admitted to being friends with Lubiano and confirmed that he was one of his campaign contributors during his senatorial campaign in 2022. 

But he has denied that he intervened in Lubiano’s business and contracts with the government.

Escudero filed on October 14 a manifestation explaining his side to the Comelec on the P30-million campaign contribution, saying that it was “legal, fully declared, and follows long-standing practice.” —AOL/ VAL, GMA Integrated News