MANILA — The Commission on Elections (Comelec) has dismissed election offense complaints against President Ferdinand Marcos Jr. and Vice President Sara Duterte-Carpio over alleged illegal campaign donations in the 2022 national elections, citing their constitutional immunity from suit while in office.
Comelec chairperson George Garcia said the poll body’s Law Department ruled that both the President and Vice President cannot be subjected to suits during their tenure because they represent the State.
“The doctrine called immunity from suit, that is related to what is called state immunity from suit. That is recognized as a principle that is stated in our Constitution,” Garcia said.
“The president of the Philippines and also, based on the study of our Law Department, the vice president of the Republic of the Philippines, are representing the State. As such, there can be no suit filed against the state,” he added.
The complaints stemmed from allegations that Marcos and Duterte-Carpio received campaign donations from contractors allegedly prohibited from contributing under election laws during the 2022 polls, where the two ran as a tandem.
Garcia said Comelec could risk violating the Constitution if it pursued the complaints while the two officials remain in office.
“Complaints have been filed against them. If we act on them, we will violate their immunity from suit,” he said.
However, Garcia clarified that the dismissal was not a permanent exoneration and that cases may still be pursued once their terms end in June 2028.
“During the period of their tenure as president and vice president, they are immune from suits. But, of course, outside or after that, they can face investigations or charges,” Garcia said.
Last month, groups led by election watchdog Kontra Daya asked Comelec to conduct a preliminary investigation against Marcos and Duterte-Carpio for alleged violations of the Omnibus Election Code.
The complainants alleged that the two officials received prohibited campaign donations from government contractors Rodolfo Hilot Jr., president of Rudhil Construction Enterprises Inc., and Glenn Escandor, president of ESDEVCO Realty Corp. and Genesis 88 Construction Inc.
Based on the Statements of Contributions and Expenditures (SOCE), Hilot allegedly donated ₱20 million to Marcos, while Escandor reportedly contributed a total of ₱19.9 million to Duterte-Carpio’s 2022 campaign./PN
