Comelec probes 15 contractors over 2022 poll donations

The Commission on Elections (Comelec) said it has launched an investigation into 15 contractors who allegedly contributed to national candidates in the 2022 elections to determine whether they violated the election code by donating funds while holding or pursuing government contracts.

In a radio interview, Comelec Chairperson George Garcia confirmed that the poll body is verifying if these donors had “live” government contracts either before, during, or after the May 2022 elections.

If proven, the contractors may have breached Section 95(c) of the Omnibus Election Code, which explicitly prohibits government contractors from making political donations.

“Gusto naming alamin kung at the time na nag-file ng kandidatura 'yung kandidato ay kung mayrooon ba silang live contract sa pamahalaan o pagkatapos ba ng eleksyon ay nagkaroon sila ng kontrata sa pamahalaan (We want to know if at the time of the filing of the certificate of candidacy of these candidates, the contractors already had contracts with the government or did they secure contracts after the elections?),” Garcia said.

According to Article XI, Section 95(c) of the Omnibus Election Code, no contribution for partisan political activity shall be made by individuals or entities with existing contracts to supply goods or services to the government or to perform public works.

The rule aims to prevent conflict of interest and the possibility of “pay-to-play” arrangements, where donations are made in exchange for political favor or future contracts.

“After examining the initial list, we will write to the Department of Public Works and Highways (DPWH) to determine the status of any contracts, whether they were awarded before, during, or after the election period,” Garcia said in mixed Filipino and English.

What started as a probe into three to four contractors has now grown to 15 entities, and the number may increase further, Garcia said.

Comelec’s Political Finance and Affairs Department is currently reviewing Statements of Contributions and Expenditures (SOCE) submitted by candidates in the 2022 elections.

So far, the probe focuses solely on national candidates, but Garcia did not rule out expanding the investigation to include local-level donors and candidates.

“As of Wednesday, 15 contractors are under review, and the number could still grow. Our Political Finance and Affairs Department continues to go through all relevant documents,” he said.

While the contractors’ donations are under immediate scrutiny, Garcia clarified that Comelec has not yet determined any liability on the part of the candidates who received the contributions.

"Tsaka na namin pag-uusapan 'yung liability ng tumanggap. 'Yung importante muna, yung nagbigay. Kasi walang liability 'yung tatanggap kung legal naman ang binigay nung nagbigay (We will discuss the liability of recipients later. What’s important now is to examine the legality of the donations,” Garcia said. “If the contribution was legal, then there is no liability on the part of the candidate who received it),” Garcia further explained.

If found guilty of violating Section 95 of the election code, the contractors could face criminal charges and be disqualified from future government contracts.

The Comelec may also refer cases to the Office of the Ombudsman or the Department of Justice (DOJ) for further prosecution.