Senator Francis Escudero’s receipt of a ₱30-million campaign donation from a construction executive is shaping up as a test case for how the elections commission interprets Section 95 of the Omnibus Election Code, which prohibits government contractors from making political contributions.
The senator filed his legal submission on Monday in response to a show cause order requiring him to explain the donation from Lawrence Lubiano, president of Centerways Construction and Development Inc., during the 2022 elections.
COMELEC Chairperson George Garcia said all the elements are in place for the poll body’s Political Finance and Affairs Department (PFAD) to rule on whether both Escudero and Lubiano may face liability.
“They (PFAD) are in charge of data gathering, fact-finding. It is up to them whether or not to charge the contractor and candidate,” Garcia said in interviews with the Manila media.
“We will not interfere in that process. We will leave that office to decide what they think about this case. A defense has been given, and we will see if that is against the provisions of the law,” he added.
Garcia noted that Escudero’s affidavit mirrored his previous public statements, indicating that he accepted the donation in a personal capacity and treated it as private funds given by a friend.
Escudero’s legal counsel, Ramon Esguerra, maintained that the contribution complied with campaign finance rules.
“We’re filing our submission early to respect the Comelec process. Our position is clear: the donation was legal, fully declared, and follows long-standing practice. The law is on our side, and we are confident the Comelec will find no fault,” he said in a statement.
He said the contribution was declared in Escudero’s Statement of Contributions and Expenditures (SOCE).
Escudero had earlier said he welcomed the Comelec’s review as part of ensuring transparency and accountability.
Garcia said the poll body would also invite Lubiano to appear and explain the contribution.
Section 95 states that “no contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following: (c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works.”
