POLL offense charges cannot be filed against President Ferdinand Marcos Jr. and Vice President Sara Duterte despite supposedly receiving prohibited campaign donations during the May 2022 National and Local Elections.
This was according to the Commission on Elections (Comelec), citing the constitutional provision on their immunity from suit.
"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," said Comelec Chairman George Garcia in an interview Tuesday, May 19, 2026.
"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," he added.
The Comelec chief said they would not want to violate the Constitution by filing poll offense cases against Marcos and Duterte.
"If we act on them, we will violate their immunity from suit," said Garcia.
He stressed, however, that there is nothing preventing the public from filing similar charges against Marcos and Duterte once their terms end.
"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," said Garcia.
Last month, groups led by poll watchdog Kontra Daya asked the Comelec to conduct preliminary investigation against Marcos and Duterte for alleged violations of the Omnibus Election Code (OEC).
In particular, they accused Marcos and Duterte of supposedly receiving prohibited campaign donations from government contractors Rodolfo D. Hilot Jr., who is president of Rudhil Construction Enterprises Inc.; and Glenn Y. Escandor, president of ESDEVCO Realty Corp. and Genesis 88 Construction Inc., respectively.
Based on the Statement of Contributions and Expenditures (Soce), Hilot was found to have donated to Marcos P20 million during the 2022 elections.
Escandor contributed a total of P19.9 million based on the 2022 Soce of Duterte. (Anton Banal/SunStar Philippines)
