MANILA — The Commission on Elections (Comelec) has dismissed the complaint against Sen. Rodante Marcoleta over the alleged undisclosed P75-million campaign contribution, ruling that changes in election law removed criminal liability for candidates who fail to report campaign donations.
Comelec Chairman George Erwin Garcia clarified on the Bilyonaryo News Channel program The Spokes on Thursday that the Commission’s decision was based solely on the current provisions of election law and was not a finding that the alleged contribution never existed.
Garcia explained that amendments introduced through the 1991 synchronized election law downgraded a candidate’s failure to disclose campaign contributions from an election offense punishable by imprisonment to an administrative violation carrying only a monetary penalty.
“Under the 1985 Omnibus Election Code Act, punishable yun. One to six years imprisonment, that’s an election offense,” Garcia said.
“However, in 1991, yung tinatawag na synchronized election law, biglang dinikriminalize yung non-filing or non-reporting of the donors, the contribution,” he added.
Under the amended law, Garcia said candidates who fail to disclose campaign contributions may only be fined between P2,000 and P20,000, leaving Comelec with no legal basis to pursue criminal prosecution.
“And so what can the Comelec do? How can you prosecute if that is no longer punishable? We have to dismiss the case,” he said.
Garcia stressed, however, that the same amendment did not remove criminal liability for donors who fail to report their campaign contributions.
“Kung ano iyong punishable noong 1985, hindi siya nabago noong 1991. So iyong mga donors pa rin, if they will not report, they’re liable,” Garcia said.
He acknowledged that the existing law creates an imbalance between candidates and donors but emphasized that the Commission is duty-bound to enforce the law as enacted by Congress.
“Sabi ng iba, ‘Chair, unfair iyon.’ I will readily admit. But what can we do? We just implement the law. We cannot do anything,” he said.
Garcia called on Congress to amend the law to eliminate what he described as an unequal application of election rules.
“To remove this perhaps unfairness or hindi pantay na application ng batas, ito iyong tamang pagkakataon natin,” he said.
The Comelec chief also clarified that the dismissal of the election complaint does not affect the separate criminal proceedings being handled by the Office of the Ombudsman and the Sandiganbayan.
Marcoleta and three co-accused are facing a non-bailable plunder case after the Ombudsman accused them in connection with the alleged P75 million in campaign donations.
“Sabi ng Ombudsman, ‘What is for the Comelec is for the Comelec, what is for the Office of the Ombudsman is for the Office of the Ombudsman,’” Garcia said. “There may not be an election offense, but definitely there are violations of other laws.”
Garcia added that Comelec has already directed the alleged donors to submit their responses as part of the Commission’s continuing proceedings.
“Nag-issue na kami ng order para sumagot sila sa atin. Of course, they’re entitled sa due process. So hinihintay namin iyong mga sagot nila,” he said.
He said that although Marcoleta may no longer face criminal prosecution under election law for the alleged unreported donations, Comelec could still pursue cases against donors if evidence shows they violated the law’s reporting requirements./PN
