COMELEC CHAIR GARCIA: ‘Complaints Have Been Filed Against Them’ On Cases Vs. Marcos, Duterte

Ayon sa Commission on Elections, ibinasura ang mga reklamong may kaugnayan sa umano’y illegal campaign donations noong 2022 elections.

COMELEC CHAIR GARCIA: ‘Complaints Have Been Filed Against Them’ On Cases Vs. Marcos, Duterte

By Politico.ph
18
By Politico.ph
18

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The Commission on Elections (Comelec) has dropped election offense cases against President Ferdinand R. Marcos Jr. and Vice President Sara Duterte for allegedly receiving campaign donations during the May 2022 national and local elections.

Comelec chairperson George Garcia said their Law Department cleared both of the charges, citing immunity from suit, being the top two officials of the country.

“The doctrine called immunity from suit, that is related to what is called state immunity from suit. That is recognized as a principle that is stated in our Constitution,” he said.

“The president of the Philippines and also, based on the study of our Law Department, the vice president of the Republic of the Philippines, are representing the State. As such, there can be no suit filed against the state,” Garcia added.

Garcia noted that the filing of charges against Marcos and Duterte, who ran as a tandem during the campaign, would result in the Comelec violating the Constitution.

“Complaints have been filed against them. If we act on them, we will violate their immunity from suit,” he said.

Garcia said their decision does not mean that cases cannot be filed against the two after their respective terms in office end in June 2028.

“During the period of their tenure as president and vice president, they are immune from suits. But, of course, outside or after that, they can face investigations or charges,” Garcia said.

Last month, groups headed by poll watchdog Kontra Daya asked the Commission to conduct a preliminary investigation against Marcos and Duterte for alleged violations of the Omnibus Election Code (OEC).

The petitioners alleged that both received prohibited campaign donations from government contractors Rodolfo D. Hilot Jr., who is President of Rudhil Construction Enterprises, Inc.; and Glenn Y. Escandor, who is President of ESDEVCO Realty Corp. and Genesis 88 Construction, Inc., respectively.

Based on the Statement of Contributions and Expenditures (SOCE), Hilot had contributed PHP20 million to Marcos. On the other hand, Escandor provided a total of PHP19.9 million as reported on the 2022 SOCE of Duterte. (PNA)