The Commission on Elections (Comelec) has ruled that campaign donors of President Ferdinand Marcos Jr. and Vice President Sara Duterte are also spared from facing election offense charges, citing the immunity from suit enjoyed by the two officials.
Immunity Extends to Donors
In a statement, the Comelec Law Department said that the immunity 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," the Comelec Law Department said.
The poll body explained that subjecting Hilot and Escandor to preliminary investigation would inevitably involve determining 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 added.
Background of the Case
Earlier, the Comelec Law Department had virtually cleared Marcos and Duterte from committing election offenses, citing their immunity from suits. Last month, groups led by poll watchdog Kontra Daya asked the Comelec to conduct a preliminary investigation against Marcos, Duterte, Hilot, and Escandor for allegedly receiving prohibited campaign donations from government contractors.
Based on the Statement of Contributions and Expenditures (SOCE), Hilot donated P20 million to Marcos during the 2022 elections, while Escandor contributed a total of P19.9 million to Duterte's campaign. The Comelec's decision effectively halts any criminal action against the donors during the tenure of the President and Vice President.
