FOR A COUNTRY that has been producing 200 to 500 jurisprudence annually, it is rather odd that laws don’t seem applicable to all.
After the Commission on Elections (Comelec) ruled to exonerate the likes of political bigshots Senators Francis Escudero and Rodante Marcoleta, many are wondering whether the Omnibus Election Code should be delisted from the Philippine laws.
Under the Omnibus Election Code, candidates are mandated to make an honest-to-goodness declaration of its election spending — and from where funds came from.
The Comelec went as far as issuing a warning against submitting “untruthful” Statements of Contributions and Expenditures (SOCEs).
“If you file SOCEs with discrepancy and are untruthful, you can face charges of falsification and perjury. Those are violations of the law,” Comelec chairman George Erwin Garcia was quoted in a news article posted on the website of the state-controlled Philippine News Agency.
FULLY ITEMIZED SOCE
Under Republic Act No. 7166, every candidate and political party must file their “full, true and itemized” SOCEs within 30 days after election day.
Failure to file the SOCE may result in administrative fines for both the candidates and political parties. Repeat offenders shall also be subject to perpetual disqualification to hold public office, according to the law.
“We are reminding all candidates, winners or losers, that you are all mandated to file your SOCEs,” Garcia said.
Also covered by RA 7166 are candidates who were elected or not, neither incurred expenses nor received any contribution, did not pursue or continue their campaign, self-funded their campaign, and those who withdrew their campaign, unless it was done before the start of the campaign period.
Interestingly, the same law slaps defiant candidates an administrative fine ranging from P1,000 to P30,000 for the first offenders and twice as much for recidivists.
The Omnibus Election Code also states that “no elected candidate shall assume office unless the submission of SOCE is implied within the period allowed by law.”
CHIZ CAMPAIGN DONOR
A lawyer by profession, Escudero submitted his SOCE before the deadline. However, political detractors somehow found something to work on – his admission of receiving a P30-million campaign donation from Lawrence Lubiano, president of Centerways Construction and Development Inc.
But for Comelec, there was no violation of the election code when Escudero received a P30-million campaign donation from Lubiano.
In a nine-page resolution, the Political Finance and Affairs Department (PFAD) of the Comelec recommended terminating the probe into the case, citing a lack of evidence to support a complaint that Escudero and Lubiano violated Section 95 of the Omnibus Election Code.
According to Comelec, Lubiano, while serving as president of Centerways, retained a “separate legal personality” of his own. At the same time, Centerways has a legal personality that is distinct and independent of its stockholders and officers.
When Lubiano contributed to the campaign of Escudero in the 2022 senatorial elections, the PFAD said he had “merely exercised a right that is personal to him.”
“There is no evidence establishing that the funds used in the contribution originated from Centerways, or that its corporate money crept into the campaign funds of respondent Escudero through the contribution made by respondent Lubiano,” the department said.
MARCOLETA ABSOLVED
Not long after Escudero put one over Comelec, Senator Rodante Marcoleta also found himself in the same situation following a complaint filed by a notable election lawyer for the non-disclosure of P75 million in his SOCE after the May 2025 senatorial race.
A lawyer himself, Marcoleta found an easy way out, by claiming that the donations were received before the start of the 2025 campaign period and were therefore not covered by the SOCE pursuant to Section 15 of RA 8436 (Automated Election System Act of 1998)
According to the commission’s Political Finance and Affairs Department found that while the senator did not comply with Section 109 of the Omnibus Election Code, which requires candidates to file a full and itemized SOCE, Section 39 of RA 7166 has repealed it as an election offense.
This meant that Marcoleta could not be held liable for the non-disclosure of P75 million in his SOCE due to the lack of a law punishing it.
This, however, was not the case for his donors, as the Comelec noted that the repealed sections of the Omnibus Election Code do not include them.
The Comelec ruled that the donors remain bound by Section 99 of the Omnibus Election Code, which mandates that “every person giving contributions to any candidate” must report said contribution within 30 days after the election.
BBM CAMPAIGN CHEST
After bosom buddies Escudero and Marcoleta were absolved, a group of anti-Marcos vloggers took an all out offensive against the contributions received, but were not declared, by the incumbent President in his 2022 campaign kitty.
Among those whom the administration critics claimed to have made “generous donations” to Marcos Jr’s campaign chest in 2022 include:
● Anton Lagdameo, now special assistant to the president, who donated P247.3 million
● Melquiades Robles, who got appointed as general manager of the Philippine Charity Sweepstakes Office who donated P30 million
● Contractor Rodolgo Hilot Jr. of Rudhil Construction Enterprises Inc who gave P20 million and bagged P3.23 billion in flood control projects and close to P10.78 from 227 projects from 2022 to 2025
●Jonathan Quirante of Quirante Construction who donated P1 million but bagged 76 flood control projects worth P6.77 billion between 2022 and 2025
●Triple 8 Construction in the top 15 of said list bagged P6.38 billion in flood control projects in 2022 to 2025 and another P9.67 billion for all its projects.
MOSTLY BUSINESSMEN
A check with the Comelec showed that Marcos declared in his SOCE raising over P624 million in contributions primarily funded by prominent business executives, wealthy individuals, and his political party, the Partido Federal ng Pilipinas (PFP).
PFP footed 40% of his campaign bill, totaling P247.2 million, a huge chunk of which was allegedly sourced from business tycoon Enrique Razon.
Also on the list Marcos’ donors are:
● Philip G. Lo, now chairman of the Development Bank of the Philippines with P25 million
● Francis and Norman Wee brothers who own the W Group, each donated P20 million
● Rodulfo Hilot Jr., Owner of Zamboanga del Sur-based Rudhil Construction & Enterprises Inc. donated P20 million
● Manjinder Kumar: Indian businessman and secretary general of the Volunteers Against Crime and Corruption, with P20 million
● Bryan Chan Lim, vice president for business development of Suyen Corp. (Bench), donated P20 million
● Mitchell Vy Chua of Gateway Law Corp. for P20 million
● Chase Cokaliong, vice president for fleet operations of Cokaliong Shipping for P10 million.
● Fishing magnate Francisco Tiu Laurel Jr., now Agriculture Secretary and member of the Private Sector Advisory Council gave P30 million
● Loym of Cebu associated with LuDo and LuYm gave P30 million
● Edmund Gaisano of Gaisano Capital Group, P30 million, among others.