Manila: The Commission on Elections (Comelec) has dismissed election offense cases against President Ferdinand R. Marcos Jr. and Vice President Sara Duterte concerning allegations of receiving illegal campaign donations during the May 2022 national and local elections. Comelec chairperson George Garcia announced the decision, highlighting the legal principle of immunity from suit, which protects the country's top officials from such charges.
According to Philippines News Agency, Garcia explained that both Marcos and Duterte are shielded by the doctrine of state immunity from suit, as enshrined in the nation's Constitution. He emphasized that as representatives of the state, the president and vice president are immune from legal proceedings during their tenure in office. Garcia noted that pursuing charges against them would violate this constitutional protection.
Garcia clarified that the ruling does not preclude the possibility of filing cases against Marcos and Duterte after their terms conclude in June 2028. He stressed that the immunity applies only during their time in office, and investigations or charges could be pursued once they are no longer in their respective roles.
The decision follows a petition by groups led by poll watchdog Kontra Daya, which urged the Commission to investigate alleged violations of the Omnibus Election Code. The petitioners accused Marcos and Duterte of accepting prohibited campaign donations from government contractors Rodolfo D. Hilot Jr. and Glenn Y. Escandor, who contributed PHP20 million and PHP19.9 million, respectively, according to the Statement of Contributions and Expenditures (SOCE).
Hilot is the President of Rudhil Construction Enterprises, Inc., while Escandor heads ESDEVCO Realty Corp. and Genesis 88 Construction, Inc. Despite these allegations, Comelec's decision underscores the constitutional immunity that currently safeguards the president and vice president from legal action during their terms.