WHILE agreeing that President Ferdinand Marcos Jr. is immune from any suit, poll watchdog Kontra Daya believes the Commission on Elections (Comelec) may still push through with the probe on the supposed prohibited campaign contributions he received during the May 2022 polls.
In its motion for reconsideration (MR), Kontra Daya said it may agree that the prosecution, if deemed necessary, could be done at the end of the term of Marcos, when he is no longer immune from suit.
"While it is settled that presidential immunity from suit exists to prevent disruption of a sitting President's discharge of his executive functions, it does not and should not render futile the performance of a positive duty of the Comelec to investigate electoral offenses brought to its attention," Kontra Daya said.
"Complainants submit that Comelec may conduct investigations involving a sitting president, but the actual criminal prosecution, should one be found to be adequately supported by relevant and competent evidence, may be deferred until the expiration of his term," it added.
As for the case of Vice President Sara Duterte, the group said the Comelec may probe and subsequently file charges against her for also allegedly receiving prohibited campaign contributions during the May 2022 polls.
Kontra Daya said it disagrees with the findings of the commission's Law Department that the principle of immunity from suit applies to both incumbent president and vice president.
"The ruling that the same extends to the Vice President by necessary implication considering that the functions of the Vice President as the next substitute to the President in case of his inability to perform his functions is an over-stretch and a misapplication of the aforesaid doctrines," said Kontra Daya.
"This interpretation appears to be an unlawful and unjust over-stretch of application of the immunity that has express and specific purpose for its existence in jurisprudence, which is to ensure complete focus of the President on the performance of his duties and obligations as the Chief Executive," it added.
Last month, groups led by poll watchdog Kontra Daya asked the Comelec to conduct preliminary investigation against Marcos and Duterte, as well as 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., for allegedly having prohibited campaign contributions.
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.
Subsequently, the Comelec Law Department virtually cleared Marcos and Duterte from committing election offenses citing their immunity from suits as the main reason. (Anton Banal/SunStar Philippines)
