MANILA — The Commission on Elections’ (Comelec) Political Finance and Affairs Department (PFAD) has cleared Senator Francis “Chiz” Escudero and a campaign contributor of any violation of the Omnibus Election Code (OEC) in relation to the ₱30-million donation the lawmaker received during the May 2022 elections.

In a nine-page resolution promulgated on Nov. 26, the PFAD terminated its investigation into Escudero and Lawrence Lubiano, president of Centerways Construction and Development Inc.

“In view of the foregoing, this Office recommends termination of this investigation as there being no evidence to support a complaint that Section 95(c) of the OEC was violated by respondents Lubiano and Escudero,” the resolution stated.

The ruling also said: “There being no violation of Section 95(c) of the OEC committed by respondent Lubiano, it necessarily follows that the subsequent acceptance of contribution by respondent Escudero for his election campaign suffers no legal impediment.”

According to the PFAD, Lubiano’s contribution was made in his personal capacity.

“When respondent Lubiano contributed to the campaign of respondent Escudero, the former merely exercised a right that is personal to him. There is no evidence establishing that the funds used in the contribution originated from Centerways, or that its corporate money crept into the campaign funds of respondent Escudero thru the contribution made by respondent Lubiano,” the decision said.

The PFAD noted that accusations unsupported by evidence are insufficient to disregard the separate legal personalities of Lubiano and his company.

“The mere fact that respondent Lubiano serves as Centerways’ president does not justify disregarding their separate juridical personality in the absence of clear evidence of fraud, bad faith, or any act aimed at evading legal obligations,” it added.

Escudero earlier confirmed that Lubiano contributed to his 2022 senatorial campaign and that the donation was declared in his Statement of Contributions and Expenditures (SOCE). (PNA)

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