27 gov’t contractors flagged for donations
The Commission on Elections (Comelec) has formally asked 27 government contractors to explain why they should not be charged with violating the Omnibus Election Code for making alleged campaign contributions to political candidates who ran in May 2022, Comelec Chair George Erwin Garcia said on Wednesday.
According to Garcia, the poll body issued show cause orders (SCOs) on Monday to the 27 government contractors who are expected to submit their counter-affidavits within 10 calendar days.
The Comelec’s Political Finance and Affairs Department, which reviews and validates the statements of contribution and expenditures submitted by candidates, will hold a hearing on the matter on Nov. 21.
“They (contractors) have been sent notices allowing them to air their side. I think in the next two weeks, starting next week, they will be summoned, based on a schedule, to bring their counter-affidavits,” Garcia told reporters.
The SCOs were issued after the Department of Public Works and Highways (DPWH), responding to a query sent by the Comelec, certified that the 27 contractors had secured government deals.
Candidates next
The poll body earlier submitted to the DPWH a list of the names of 54 contractors who were found to have donated money to candidates who ran in the May 2022 elections.
Garcia said that after the contractors, the candidates who received their donations would also be summoned.
According to him, the following were found to have accepted contributions from the 27 government contractors: six senatorial candidates, five party list nominees, four congressional representative candidates, three gubernatorial candidates, two vice gubernatorial candidates, and one running for Manila councilor.
Under Section 95(c) of the Omnibus Election Code, “[n]o 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 subcontracts to supply the government or any of its divisions, subdivisions, or instrumentalities with goods or services, or to perform construction or other works.”
The last part of the said provision also states that “[i]t shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated herein.”
Due process
“We will find out their answer to the allegations that one, they are government contractors, public work contractors, and number two, they donated a certain amount. And therefore, what is their contention for why they should not be charged by the Commission on Elections [for violating the election code]?” Garcia said.
“That is what we call due process so that should there be formal proceedings, like preliminary investigations, more or less there will be a basis and at the same time, there will be a determination of what we call probable cause. There will be a basis for filing a case against them in court so that it will not be dismissed,” he added.
At the same time, the Comelec is counterchecking its list of corporations found to also have made contributions to political candidates with those identified by the Bureau of Internal Revenue (BIR) as possible donors.
“Regardless of whether or not they are government contractors, the BIR monitors their donations. Where did the donation come from? This is your income so how were you able to donate this amount?” Garcia explained.
