The Commission on Elections (Comelec) has stated that poll offense charges cannot be filed against President Ferdinand Marcos Jr. and Vice President Sara Duterte, despite allegations that they received prohibited campaign donations during the May 2022 National and Local Elections. This is due to the constitutional provision granting them immunity from suit.
Comelec cites constitutional immunity
In an interview on Tuesday, May 19, 2026, Comelec Chairman George Garcia explained that the doctrine of immunity from suit is recognized in the Philippine Constitution. "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," Garcia said.
Garcia emphasized that the Comelec would not violate the Constitution by filing poll offense cases against Marcos and Duterte. "If we act on them, we will violate their immunity from suit," he stressed.
Public can file charges after terms end
However, Garcia clarified that there is no legal barrier preventing the public from filing similar charges against the two officials once their terms conclude. "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," he said.
Background of the allegations
Last month, groups led by poll watchdog Kontra Daya requested the Comelec to conduct a preliminary investigation against Marcos and Duterte for alleged violations of the Omnibus Election Code (OEC). The groups accused the two of receiving prohibited campaign donations from government contractors.
Specifically, Marcos was accused of receiving P20 million from Rodolfo D. Hilot Jr., president of Rudhil Construction Enterprises Inc., while Duterte allegedly received P19.9 million from Glenn Y. Escandor, president of ESDEVCO Realty Corp. and Genesis 88 Construction Inc. These donations were reportedly reflected in their respective Statements of Contributions and Expenditures (Soce) for the 2022 elections.
