MANILA – The Commission on Elections has dismissed election offense complaints filed against President Ferdinand R. Marcos Jr. and Vice President Sara Duterte over alleged receipt of campaign donations during the 2022 elections.

Comelec Chairperson George Garcia said the poll body’s Law Department cleared both officials, citing the doctrine of immunity from suit as the basis for dropping the cases.

“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,” he 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,” Garcia added.

He said pursuing the complaints while Marcos and Duterte are in office would amount to a constitutional violation on the part of the Comelec.

“Complaints have been filed against them. If we act on them, we will violate their immunity from suit,” he said.

Garcia clarified that the dismissal does not bar future legal action once the officials step down from office.

“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,” he said.

The complaints stemmed from a petition filed by groups led by poll watchdog Kontra Daya, which sought a preliminary investigation into alleged violations of the Omnibus Election Code.

The petitioners alleged that Marcos and Duterte received prohibited campaign donations from government contractors Rodolfo D. Hilot Jr., president of Rudhil Construction Enterprises, Inc., and Glenn Y. Escandor, president of ESDEVCO Realty Corp. and Genesis 88 Construction, Inc.

Based on Statements of Contributions and Expenditures (SOCE), Hilot reportedly donated P20 million to Marcos, while Escandor allegedly contributed P19.9 million to Duterte during the 2022 elections.