The Commission on Elections (Comelec) has dismissed election offense cases filed against President Ferdinand R. Marcos Jr. and Vice President Sara Duterte over alleged campaign donations received during the May 2022 national and local elections.
Comelec Chairperson George Garcia said the poll body’s Law Department cleared both officials of the charges, citing immunity from suit as the basis of the decision given their positions as the country’s highest elected leaders.
“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,” Garcia said.
He said the President and Vice President are considered representatives of the State, making them immune from legal action while in office.
“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 said proceeding with the complaints would place the Comelec in violation of constitutional protections afforded to sitting officials.
“Complaints have been filed against them. If we act on them, we will violate their immunity from suit,” he said.
However, the Comelec chief clarified that the dismissal does not bar future legal action once the officials’ terms 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.
The cases stemmed from complaints filed by groups led by poll watchdog Kontra Daya, which sought a preliminary investigation into alleged violations of the Omnibus Election Code.
The petitioners claimed Marcos and Duterte received prohibited campaign donations from government contractors Rodolfo D. Hilot Jr., president of Rudhil Construction Enterprises, Inc., and Glenn Y. Escandor, president of ESDEVCO Realty Corp. and Genesis 88 Construction, Inc.
Based on Statements of Contributions and Expenditures (SOCE), Hilot reportedly contributed P20 million to Marcos, while Escandor allegedly donated a total of P19.9 million to Duterte during the 2022 elections.
Photo courtesy of Manila Bulletin
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