Comelec: SCOs for 2022 poll bets who got illegal donations out this week

The Commission on Elections (Comelec) is set to issue show cause orders (SCOs) to candidates who ran in the May 2022 elections and allegedly received illegal campaign donations from contractors this week, poll chief George Erwin Garcia said on Thursday.

Garcia made the remarks as the Political Finance and Affairs Department (PFAD) began summoning the representatives of 27 public works contractors previously flagged by the poll body for alleged illicit campaign contributions. The Comelec issued SCOs against them earlier this month.

“’Yung 27 na pinapasagot natin at binigyan ng SCOs at the same time, isa-isang dinidinig ay isa-isa ring sumasagot at nagkaroon na ng pagdinig sa kaniya-kanyang issue,” Garcia told dzBB Super Radyo.

(The 27 contractors slapped with SCOs are starting to respond. They are also being summoned by the PFAD one by one.)

“Pagkatapos nito, i-issue this week ang SCOs para sa mga kandidato na nakatanggap mula sa 27 na kontratista sa 2022 national and local elections. Pagkasagot nila sa mga issue, kaagad itong dedesisyunan ng PFAD,” he added.

(After this, the PFAD will issue the SCOs against the candidates who benefitted from the donations of the 27 government contractors this week. The PFAD will immediately decide on their cases.)

The Comelec opened a motu proprio investigation into the statements of contributions and expenditures (SOCEs) of 2022 candidates for possible illegal campaign donations.

It later identified 54 contractors and requested the Department of Public Works and Highways (DPWH) to verify whether they have existing government contracts at the time of the donation. 

The DPWH, in a certification, confirmed 27 of them were public works contractors.

According to Garcia, at least 22 candidates supposedly benefited from the alleged illegal campaign donations.

Six ran for senator, five ran as party-list representatives, four for district representatives, three for governor, two for vice governor, and one for councilor.

“DPWH muna ang naging approach natin para kung sakali, hindi nila i-deny na sila ay nangongontrata sa pamahalaan. Yan ang kadahilanan nakita sa SOCE ang nakalagay sa SOCE ay corporation at hindi indibidwal na tao. Yun ang pinagbabawal ng Omnibus Election Code (OEC),” Garcia said.

(We opted to ask the DPWH to verify first so the contractors cannot deny they have government contracts. We also saw in the candidates’ SOCEs that they listed the donors as corporations and not individuals, which is what the OEC prohibits.)

OEC

Contractors in government projects are prohibited from contributing funds to candidates under the country’s election law.

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.”

No explanation yet

Meanwhile, Garcia said Senator Rodante Marcoleta has yet to submit his explanation on his alleged non-disclosure of election donors in his SOCE for the 2025 elections.

“Wala pa po. May date [rin] na nakalagay kung kailan na kakailanganin na maaaring siya o abogado niya na humarap sa [PFAD] upang makapagpaliwanag, maka-sumite ng dokumento o kung anumang explanation o affidavit na gusto niya,” he said.

(He has yet to respond. We also indicated a date for him or his legal counsel to meet with the PFAD to explain or submit any document or affidavit that he wants to file in relation to his case.) — JMA, GMA Integrated News