Despite agreeing that President Ferdinand Marcos Jr. is immune from suit, poll watchdog Kontra Daya believes the Commission on Elections (Comelec) may still proceed with its investigation into alleged prohibited campaign contributions he received during the May 2022 elections.
Motion for Reconsideration
In its motion for reconsideration (MR), Kontra Daya stated that while presidential immunity exists to prevent disruption of a sitting president's executive functions, it should not render futile the Comelec's duty to investigate electoral offenses.
"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," the group said.
Vice President Duterte's Case
For Vice President Sara Duterte, Kontra Daya argued that the Comelec can investigate and subsequently file charges against her for also allegedly receiving prohibited campaign contributions during the 2022 polls.
The group disagreed with the Comelec Law Department's ruling that the principle of immunity from suit applies to both the incumbent president and vice president. "The ruling that the same extends to the Vice President by necessary implication... is an over-stretch and a misapplication of the aforesaid doctrines," Kontra Daya said.
"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.
Background of the Case
Last month, groups led by Kontra Daya asked the Comelec to conduct a 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 donated P20 million to Marcos during the 2022 elections. Escandor contributed a total of P19.9 million to Duterte, according to her 2022 Soce.
The Comelec Law Department subsequently virtually cleared Marcos and Duterte from committing election offenses, citing their immunity from suits as the main reason.
