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The Comelec is asking contractor Lawrence Lubiano, who donated P30 million to Senator Chiz Escudero through the 2022 polls, to elucidate why he shouldn’t be charged with an election offense
MANILA, Philippines – The Fee on Elections (Comelec) will problem a present trigger order on Thursday, September 11, towards contractor Lawrence Lubiano, the highest marketing campaign donor of Senator Chiz Escudero within the 2022 polls.
Comelec Chairman George Erwin Garcia confirmed this to Rappler on Wednesday, September 10.
In the course of the 2022 elections, Lubiano, president of Centerways Building and Improvement Integrated, donated P30 million to Escudero.
Beneath Part 95 (c) of the Omnibus Election Code, “any pure and juridical individuals who maintain contracts or sub-contracts to produce the federal government or any of its divisions, subdivisions or instrumentalities, with items or providers or to carry out development or different works” are prohibited from making marketing campaign donations “for functions of partisan political exercise.”
Garcia stated in an ambush interview additionally on Wednesday that the Comelec’s present trigger order would ask Lubiano to verify if he certainly donated P30 million to Escudero and to elucidate why the ballot physique shouldn’t cost him with an election offense.
On September 2, Lubiano admitted in a Home listening to that he donated P30 million to Escudero through the 2022 elections. The senator’s Assertion of Contributions and Expenditures additionally listed the contractor as a marketing campaign donor.
As soon as Lubiano sends his response to the present trigger order, the Comelec would search an evidence from Escudero, stated Garcia.
Election offenses below the Omnibus Election Code are punishable with imprisonment of 1 to 6 years. Candidates would additionally face perpetual disqualification from holding public workplace.
Based mostly on an inventory launched by President Ferdinand Marcos Jr. himself in August, Centerways ranks seventh amongst contractors with essentially the most flood management tasks.
Knowledge additionally present that from 2021 to 2024, Lubiano’s firm secured P5.16 billion price of contracts. A majority of those tasks — 64% — are positioned in Sorsogon, Escudero’s house province and political bailiwick. Centerways can also be primarily based in Sorsogon.
Escudero has admitted he’s “associates” with Lubiano however denied having any position in Centerways’ authorities offers.
Extra questionable donations from contractors
Lubiano shouldn’t be the one contractor below scrutiny over marketing campaign donations. Garcia stated a minimum of 52 contractors had been discovered to have made such donations.
Among the many recipients are 4 senatorial candidates and three congressional bets. Donations had been additionally prolonged to political events and party-list teams.
In the course of the 2022 elections, then-senatorial candidate Joel Villanueva additionally acquired a P20-million money donation from New San Jose Builders Integrated, which had lively authorities contracts on the time, the Philippine Middle for Investigative Journalism reported.
The Comelec has written to the Division of Public Works and Highways to confirm whether or not these firms had contracts earlier than, throughout, or after the polls.
“Gusto naming patunayan na authorities contractors nga itong mga development companies. Hindi puwedeng agad-agad mag-conclude na dahil development agency, public works na agad ang hawak nila. Puwede rin namang non-public purchasers nila at kung gano’n, allowed silang magbigay,” Garcia defined.
(We need to show that these development companies are certainly authorities contractors. We are able to’t instantly conclude that simply because they’re development companies, they’re routinely dealing with public works. They may even have non-public purchasers, and if that’s the case, they’re allowed to make donations.)
Garcia added that if a candidate has already been proclaimed and no case is pending, the Comelec now not has jurisdiction over the matter.
Whereas company entities are typically prohibited from donating to a candidate’s marketing campaign, there’s a authorized loophole. The regulation treats an organization as a separate authorized entity from its stockholders.
This authorized argument, Garcia stated, is one thing that the Comelec is wanting into.
“As as to whether ito’y binigay in non-public capability, titingnan po namin kung talaga bang ito ay merong implikasyon,” he stated. (We’re wanting into whether or not the donation was actually made in a personal capability and if it will have any authorized implications.)
Garcia stated the ballot physique’s Regulation Division has been tasked to check doable defenses that candidates and marketing campaign donors might use.
– Rappler.com
