ASIDE from President Ferdinand Marcos Jr. and Vice President Sara Duterte, their campaign donors during the May 2022 national and local polls are also spared from facing election offense charges.
The Commission on Elections (Comelec) said the immunity from suit applicable to Marcos and Duterte may also be extended to their campaign contributors Rodolfo D. Hilot Jr., president of Rudhil Construction Enterprises Inc.; and Glenn Y. Escandor, president of Esdevco Realty Corp. and Genesis 88 Construction Inc.
"While we recognize that respondents Rodulfo D. Hilot Jr., and Glenn Y. Escandor, who are private citizens, are not per se immune from suit, the preliminary investigation for the purpose of determining the presence or absence of probable cause may not likewise be commenced during the tenure of the President and Vice President," said the Comelec Law Department.
"In the essence, the President's and Vice President's immunity from suit during their tenure prevents the institution of criminal action against the other respondents, who are sued for the same act," it added.
The poll body said this is because subjecting Hilot and Escandor to preliminary investigation impliedly results in the determination of Marcos' and Duterte's liability.
"In simpler terms, should there be a finding that the person prohibited to make such contribution indeed contributed to the candidate for purpose of partisan political activity, there is an inevitable consequence that the candidate, who accepted the contribution, shall likewise be held liable," it explained.
Earlier, the Comelec Law Department virtually cleared Marcos and Duterte from committing election offenses citing their immunity from suits as the main reason.
Last month, groups led by poll watchdog Kontra Daya asked the Comelec to conduct preliminary investigation against Marcos and Duterte, as well as Hilot and Escandor for allegedly receiving prohibited campaign donations from government contractors.
Based on the Statement of Contributions and Expenditures (Soce), Hilot was found to have donated to Marcos P20 million during the 2022 elections.
On the other hand, Escandor contributed a total of P19.9 million based on the 2022 Soce of Duterte. (Anton Banal/SunStar Philippines)
