Escudero donor first of 52 contractors in Comelec show cause list

Metro Manila, Philippines - The Commission on Elections (Comelec) will ask Senator Francis “Chiz” Escudero’s campaign donor to defend himself against a possible election offense case for donating ₱30 million while engaged as a government contractor.

Lawrence Lubiano, president of Centerways Construction, will be issued a show cause order tomorrow, Comelec Chairman George Garcia told reporters on Wednesday, September 10.

Garcia said Lubiano is the first among 52 government contractors to receive show cause orders, as he had publicly admitted making the donation. The recipients included four senatorial candidates, three district representative candidates, 15 political parties and party-list groups, two gubernatorial bets, and two vice-gubernatorial candidates.

Escudero admitted to receiving campaign contributions from Lubiano, a Sorsogon-based businessman he described as a longtime friend. Escudero and Lubiano maintained that the donation was made in a personal capacity.

Garcia said the Omnibus Election Code may be open to interpretation, but noted that it clearly prohibits government contractors - both natural or individuals and juridical or corporations - from making campaign contributions.

“So as to whether ito’y binigay in private capacity, titingnan po namin kung talaga bang to ay mayroong implikasyon,” he said.

[Translation: So, whether the donation was made in a private capacity, we will examine if it carries legal implications.]

“Hindi pa kaagad pwedeng sabihin na tamang depensa ang private capacity pagkat napakahirap dahil kung magakaganon lahat ng nagbigay pala ay private capacity,” he explained.

[Translation: One cannot simply invoke the “private capacity” defense because if that’s allowed everyone could claim the same.]

Centerways Construction is among the top 15 contractors for flood control projects named by President Ferdinand Marcos Jr.

Garcia said the Comelec is not singling out flood control contractors; Lubiano was simply the first to publicly confirm a campaign donation.

Asked the seeming priority to question contractors, Garcia said the Comelec first needs to determine whether their services were retained by the government. Otherwise, there would be no violation; hence, no need to question the candidates who received the donations.

Escudero, recently ousted as Senate president amid the flood control corruption scandal probe, said he will cooperate once an order is served.

“I will adhere to whatever orders may be issued to me in order to prove that I did not violate any law. I would also like to thank the COMELEC Chair for finally affording me the chance to prove this,” he said.

Garcia said the poll body has written to the Public Works department to confirm if the other companies in its list are indeed government contractors.

He said the Comelec’s Political Finance and Affairs Department will assess the case before the matter is referred to the Law Department for preliminary investigation. If probable cause is found, a formal complaint will be filed in court.

Under the Omnibus Election Code, such violations are punishable by one to six years of imprisonment for both the contractor and the recipient, along with perpetual disqualification from holding public office, Garcia said.