MANILA, Philippines — Commission on Elections (COMELEC) Chairman George Erwin Mojica García reaffirmed the poll body’s commitment to due process and timely resolution as the agency moves forward with its review of contractors and candidates linked to alleged irregularities in political finance and election spending.
The ongoing inquiry involves public works contractors from the Department of Public Works and Highways (DPWH), candidates from the 2022 elections, and the COMELEC’s Political Finance and Affairs Department (PFAD), which is leading the fact-finding review. Several issues also overlap with the COMELEC Law Department, the Supreme Court’s timeline, and the Bangsamoro Parliament’s legislation for the BAARM election.
Final Extension for DPWH Contractors
Chairman García confirmed that some DPWH contractors have submitted their replies to PFAD, while others requested more time due to late receipt of notices sent through registered mail.
“It would be better to just give it to them, but that will be the last extension that we will give to them,” García said.
He added that contractors were granted five days to file counter-affidavits or explanations. Delays were attributed partly to those based in the provinces who received their documents later than expected.
PFAD is now reviewing the replies and preparing show-cause orders for candidates identified by the contractors.
“You can expect that, if not today, until tomorrow, those show-cause orders might be released,” García said.
Filtering Cases Before They Reach the Commission En Banc
García emphasized that PFAD has full authority to dismiss cases that show no basis for further action.
“If the findings… have no case, this will not reach the En Banc. This will be dismissed by the Political Finance and Affairs Department,” he said.
However, if PFAD recommends filing cases against contractors or candidates, these will be elevated to the COMELEC Commission En Banc for approval.
García set an internal target for resolution:
“As much as possible, before the end of this year of December, the Commission should have a disposition.”
Interaction Between PFAD and Law Department Complicates Timelines
A complication arose when private lawyers filed a separate formal complaint with the COMELEC Law Department, bringing in additional evidence not originally held by PFAD.
Because PFAD initiated its own motu proprio investigation, and the Law Department now has a formal case under oath, the COMELEC is handling two different proceedings with different complainants and evidence sets.
García admitted that the situation must be navigated carefully:
“We took our own vote. We ourselves investigated, no one asked, no one demanded. But lawyers later filed a formal case, so the issue became legal.”
He noted the risk of perceived prejudgment if the PFAD disposition is delayed further.
“People have been waiting for a long time… at all costs, the En Banc should immediately dispose of that case so it will be clear what will happen to the case pending in the Law Department,” he said.
SALN, SOCE Discrepancies Under Review
COMELEC also issued a show-cause order over alleged discrepancies between Statements of Assets, Liabilities, and Net Worth (SALN) and Statements of Contribution and Expenses (SOCE), citing Section 99 of the Omnibus Election Code.
García clarified that COMELEC is not accusing anyone yet:
“We have not yet said that the declaration was wrong… because we need to hear it first.”
Failures in declaration could result in violations of Republic Act 7166 or even perjury, he said, but only if evidence proves intentional misrepresentation.
Chairman García to Inhibit from Certain Cases
Asked whether he would inhibit himself in cases involving personalities he previously had professional ties with, García said:
“Because of what happened in the past, I will probably inhibit… just to be fair.”
He said the move is meant to avoid any perception of influence on colleagues or prejudgment of the facts.
BARMM Elections: Possible Postponement if Parliament Misses Deadline
With the Bangsamoro Parliamentary Elections (BPE) rescheduled next year, García warned that the Comelec’s timeline hinges on the passage of enabling laws by the Bangsamoro Parliament and the deadlines of the Supreme Court.
“If we really didn’t pass the law by November 30, it will be hard for us to push the election on March 30,” he said.
García stressed that this is a self-imposed deadline intended to keep COMELEC on track, not to pressure Parliament.
Under Section 5 of the Omnibus Election Code, elections can be postponed due to violence, terrorism, force majeure, or even delays that make preparations impossible.
“It’s very speculative at this point… We still trust the Parliament that they might do something before November 30,” he added.
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