COMELEC cleared Chiz Escudero and his top campaign donor.
The Commission on Elections (Comelec) cleared Senator Chiz Escudero and Lawrence Lubiano, the former’s top campaign donor.
This year, it was found out that Lawrence Lubiano, president of Centerways Construction, had donated ₱30 million to Senator Chiz Escudero’s 2022 senatorial campaign. Escudero admitted the donation from the individual tagged in the flood control anomalies. However, the senator clarified that he did not help Lubiano’s company win flood control projects.
This issue has prompted Escudero to step down as the Senate President.
Recently, the Commission on Elections (COMELEC) cleared Escudero and Lubiano, as there was no violation of the election code when the campaign donation was made. In a nine-page resolution released Wednesday, the Political Finance and Affairs Department (PFAD) of COMELEC suggested terminating the probe into the case due to a lack of evidence to support a complaint.
Escudero and Lubiano did not violate Section 95 of the Omnibus Election Code.
At the time of the campaign, Lubiano had no active contracts or subcontracts with the government for supplying goods or services, nor was he involved in any public-works construction projects.
“He could not have committed a violation of Section 95(c) of OEC when he made (a) contribution directly to the campaign of respondent Escudero unless there is contrary evidence that would show otherwise,” the PFAD said.
Lubiano and Centerways “have distinct legal entities.”
The resolution read, “Consequently, the acts and obligations of the corporation cannot be imputed to its stockholders, directors, and officers. Conversely, the personal acts and obligations of the said individuals cannot be attributed to the corporation in the absence of clear and convincing proof of bad faith, fraud, or malice in using the separate and distinct personality of the corporation.”
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