The Commission on Elections (Comelec) said the dismissal of Senator Rodante Marcoleta’s election case does not clear the three donors linked to the P75-million controversy.
The poll body said it has already settled the election-offense issue involving Marcoleta.
However, Comelec firmly said proceedings involving the donors remain ongoing.
Marcoleta is facing a separate plunder case before the Sandiganbayan over the P75 million he received from former lawmaker Michael Defensor and businessmen Joseph Espiritu and Aristotle Viray.
His camp has argued that the controversy falls under Comelec jurisdiction because it involves campaign contributions.
Comelec said its mandate covers election offenses, including matters involving the Statement of Contributions and Expenditures (SOCE).
The poll body added it already exercised that jurisdiction in determining Marcoleta’s liability.
The case was dismissed after Comelec found that Marcoleta’s failure to disclose the contributor information was no longer a criminal offense under the amended election law.
Meanwhile, the 1991 amendment removed the criminal penalty for a candidate’s failure to report the names of contributors.
Comelec Chairman George Erwin M. Garcia said the violation may still carry administrative liability.
‘Whether they submit or not, reveal the name of the donor or contributor or not, it remains as a criminal case,’ Garcia said.
‘The amendment changed the law concerning the failure of the politician or candidate to report, but not the failure of the donor or contributor of the candidate to report,’ he added.
Comelec said it must first complete its proceedings against the donors before determining whether any administrative liability remains.
‘The administrative liability, if any, will only be determined after we complete the criminal determination or election-offense proceedings involving the donors or contributors,’ the poll body chief said.
Comelec’s position comes as the Sandiganbayan considers Marcoleta’s argument that the case should instead be handled by the poll body.
The poll body said it would still exercise its jurisdiction if the matter is eventually returned to it.
‘If it is suddenly returned to us, there is no problem,’ Garcia said.