The Commission on Elections (Comelec) has issued subpoenas to campaign contributors linked to Sen. Francis Escudero and Sen. Rodante Marcoleta as part of an ongoing investigation into the alleged non-disclosure of campaign donations.
Comelec Chairman George Erwin Garcia said the poll body is conducting a preliminary investigation and has directed the contributors and donors to respond to allegations that they failed to disclose their donations within the period required by law.
“That is why it is necessary to conduct a preliminary investigation, and we also need to require the contributors and donors to answer because they have yet to respond,” Garcia said in an interview.
Garcia explained that donors and contributors who fail to report their donations within 30 days after an election may be held liable under the Omnibus Election Code.
“Donors or contributors who fail to report their donations or contributions within 30 days after the election may also be held liable under the Omnibus Election Code. This election offense carries a penalty of one to six years' imprisonment,” he said.
According to Garcia, Republic Act No. 7166 removed the criminal liability of candidates for failing to disclose donors and replaced it with a monetary penalty. However, no similar amendment was made for donors and contributors, allowing election offense cases to proceed against them for non-compliance with disclosure requirements.
Garcia noted that Comelec had previously recommended dismissing cases against candidates while pursuing complaints against donors and contributors.
The poll body earlier dismissed a complaint against Marcoleta, citing insufficient evidence that he committed an election offense related to the alleged non-disclosure of donors in his Statement of Contributions and Expenditures for the 2025 elections.
Escudero was likewise previously cleared by Comelec over P30 million in campaign donations received during his 2022 senatorial campaign, although that ruling has since been challenged before the Supreme Court. He is also facing a separate complaint before Comelec involving campaign donations.
