Comelec clears Escudero over P30 million campaign donation

MANILA, Philippines — Sen. Chiz Escudero has been cleared, at least for now, of allegations of accepting a P30-million donation from a government contractor for his 2022 senatorial campaign.

In a nine-page resolution, the Commission on Elections (Comelec) terminated the investigation against Centerways Construction and Development Inc. president Lawrence Lubiano for lack of evidence.

“There being no violation of Section 95 of the Omnibus Election Code committed by respondent Lubiano, it necessarily follows that the subsequent acceptance of contribution by respondent Escudero for his campaign suffers no legal impediment,” it ruled.

Comelec Commissioner Rey Bulay said the poll body adopted the recommendation of its Political Finance and Affairs Department (PFAD) to terminate the investigation.

Since the PFAD recommendation is not adversarial, Bulay, as commissioner-in-charge, did not elevate the matter to the Comelec en banc.

Bulay explained that the motu proprio investigation initiated by the PFAD is an ordinary proceeding and he had no other recourse but to adopt the recommendation.

Lubiano has no existing contract or sub-contract with the government and thus could not have violated the law when he made the contribution to Escudero in his personal capacity, the Comelec said.

Lubiano exercised his personal right to contribute to Escudero’s campaign, the poll body maintained.

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

“There is no evidence establishing that the funds used in the contribution originated from Centerways, or that its corporate money crept into the campaign fund of Escudero through the contribution made by Lubiano,” it added.

Escudero had admitted to receiving a P30-million campaign donation from Lubiano.

The law prohibits contributions to a candidate by any person or corporation that has contracts or subcontracts to supply goods and services, or those performing construction or public works, for purposes of partisan political activity.

Escudero, for his part, welcomed the Comelec’s ruling, saying it “strengthens my faith in our institutions and reinforces my commitment to continue serving with integrity and accountability.”

While his case before the Comelec is effectively dismissed, Escudero still faces an ethics complaint at the Senate filed by lawyer Marvin Aceron for alleged impropriety in accepting a government contractor’s donation.

In his complaint, Aceron alleged that as a result of Lubiano’s donation, his firm bagged 112 contracts worth P16.67 billion in Escudero’s turf Sorsogon from 2021 to 2025.

Escudero served as Sorsogon governor from 2019 to 2022.

Veteran election lawyer Romulo Macalintal said the PFAD’s resolution is a mere recommendation, which the poll body may affirm, disregard or modify.

While it appears that the PFAD made correct findings and conclusions, Macalintal said it is still subject to the Comelec’s further action.

Another complaint concerning a prohibited campaign donation is pending before the law department against Escudero.

Commissioner Bulay said it is a separate case and the law department’s investigation will continue. – Marc Jayson Cayabyab