MANILA, Philippines — A resolution is imminent in the high-stakes campaign finance case involving Senator Francis “Chiz” Escudero and a significant P30-million donation from a government contractor during the 2022 senatorial elections. Commission on Elections (Comelec) Chairperson George Erwin Garcia announced on Thursday that the poll body’s Political Finance and Affairs Department (PFAD) is set to release its findings and recommendation within the next two weeks.
The PFAD, which is specifically tasked with reviewing and validating the Statements of Contributions and Expenditures (SOCEs) submitted by election candidates, has been meticulously examining the case to determine if a violation of the Omnibus Election Code (OEC) occurred.
“The [PFAD] said that, hopefully, they will release their recommendation in one to two weeks,” Garcia informed reporters in an interview, underscoring the urgency and public interest surrounding the issue. The Chairperson reiterated that the case demands prompt attention, stating, “There must be progress in the case as many Filipinos are expecting what will happen in this issue.”
The Core of the Allegation: Contractor Donations and the OEC
The case centers on a substantial P30-million campaign donation received by then-senatorial candidate Escudero for the 2022 polls. The donation was provided by Lawrence Lubiano, the president of Centerways Construction and Development Inc.
The Comelec previously issued a show cause order to both the contractor and the senator, demanding an explanation for the transaction. The fundamental issue lies in Section 95(c) of the Omnibus Election Code, which explicitly prohibits campaign contributions from:
“[N]atural and juridical persons who hold contracts or subcontracts to supply the government or any of its divisions, subdivisions, or instrumentalities with goods or services, or to perform construction or other works.”
Chairperson Garcia emphatically reiterated the regulation, stressing that government contractors are not allowed to donate to election candidates’ campaigns. Furthermore, the latter part of Section 95 makes the act of receiving such funds equally unlawful:
“[I]t shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated herein.”
Escudero’s Defense
Senator Escudero has previously confirmed accepting the P30-million contribution. However, in his affidavit submitted to the Comelec, he stated that he only accepted the donation because he “believed the money came from a private fund.” He also previously asserted that he had not helped the construction firm secure any flood control projects, attempting to distance the donation from any implication of quid pro quo. The PFAD’s upcoming resolution will address the legal sufficiency of this defense under the strict liability framework of the OEC.
The Path to Prosecution: Comelec’s Multi-Stage Process
Comelec Chairperson Garcia took the opportunity to clearly outline the structured process the case will follow once the PFAD’s recommendation is submitted, clarifying the distinction between the department’s initial work and a formal investigation.
Stage 1: PFAD’s Case Build-up
Garcia clarified that the work done by the PFAD thus far is not a formal investigation, but a case build-up. This stage involves gathering evidence, validating information from the SOCEs, and requesting explanations (such as the show cause order issued to Escudero).
Stage 2: Elevation to the Law Department
If the PFAD’s review concludes that there is indeed a violation of the OEC, they will formally elevate the case to the Poll Body’s Law Department.
The Law Department will then commence a formal preliminary investigation. This stage is crucial, as the investigators will determine if there is probable cause to believe that an election crime was committed by the contractor and the politician.
Stage 3: Comelec En Banc Decision and Filing of Charges
If the Law Department finds probable cause, the findings will be submitted to the Comelec en banc—the full commission acting as the final deciding body.
If the en banc concurs with the Law Department’s findings and determines that probable cause exists, they will then issue a directive instructing the filing of a criminal case to a Regional Trial Court (RTC) against both the involved contractor (Lawrence Lubiano) and the recipient politician (Senator Escudero).
Chairperson Garcia’s Inhibition
In a move to ensure impartiality, Chairperson Garcia proactively shared that he will inhibit himself from the Comelec en banc’s final deliberation and decision on the case. He cited previous professional ties with Senator Escudero as the basis for this ethical self-removal, underscoring the commitment to integrity within the electoral body.
The Larger Context: Scrutiny of Campaign Finance Across the Board
The Escudero case is just one piece of a much larger, ongoing effort by the Comelec to scrutinize campaign finance violations involving government contractors.
The 2022 Elections
The PFAD’s broader work has uncovered that a staggering 55 contractors allegedly donated to the campaigns of several candidates during the 2022 elections.
However, the poll body faces a bottleneck: they are currently awaiting a crucial response from the Department of Public Works and Highways (DPWH) to definitively confirm which individuals on their list secured government contracts. Once this verification is received, Garcia stated, the Comelec will promptly issue show cause orders to all non-compliant contractors and the candidates who received their donations, significantly expanding the scope of the current investigation.
Looking Ahead to the 2025 Midterms
The commission is also already monitoring potential violations for the upcoming May 2025 midterm elections. Garcia revealed that their initial, non-final list indicates that around nine contractors have already contributed to the campaigns of some 2025 poll bets. He clarified that this list is preliminary and subject to change but demonstrates the Comelec’s commitment to preemptively cracking down on illicit campaign funding as the election cycle heats up.
The pending resolution on the Escudero case is thus a bellwether moment, signaling the Comelec’s resolve to enforce the Omnibus Election Code and hold powerful figures accountable for accepting funds from prohibited sources.
