Contractors Funding Poll Bets: A Clear Election Violation
Commission on Elections (Comelec) Chairperson George Erwin Garcia firmly stated that contractors funding poll bets should be immediately considered a violation of the Omnibus Election Code. He made this declaration during a House of Representatives committee hearing on Comelec’s proposed 2026 budget.
Garcia was responding to concerns raised by representatives from Marikina and Caloocan about contractors involved in flood control projects who have reportedly contributed to election campaigns or are connected to elected officials. This issue highlights the critical need to scrutinize how contractors funding poll bets influence the electoral system.
Legal Grounds for Considering Contributions as Violations
When asked if the Commission on Elections sees any violation in such contributions, Garcia agreed unequivocally. He explained that Section 95 letter C of the Omnibus Election Code criminalizes these donations. “They should be arrested because these are really prohibited contributions,” he emphasized.
Garcia clarified that even if a contractor claims to have donated in a personal capacity, it still constitutes a violation. “Section 95 covers both natural and juridical persons, meaning corporations or individuals alike,” he noted.
However, Garcia acknowledged the challenge lies in proving conflict of interest. Some company officials may argue that their donations are personal, complicating legal proceedings. “Our problem here is that to prosecute, evidence must prove guilt beyond reasonable doubt,” he said, citing the high evidentiary standards that have historically hindered election offense prosecutions, including vote-buying cases.
Scope of Prohibited Contributions Under the Law
The Omnibus Election Code forbids candidates from accepting contributions directly or indirectly from several sources. These include:
- Public or private financial institutions, except through lawful loans
- Natural and juridical persons operating public utilities or exploiting national natural resources
- Persons holding contracts or subcontracts with the government for goods, services, or construction works
- Entities granted government franchises, incentives, exemptions, or similar privileges
- Those granted government loans exceeding P100,000
- Educational institutions receiving public grants of at least P100,000
- Civil Service officials, employees, and Armed Forces members
- Foreigners and foreign corporations
31 Contractors Linked to Campaign Funding
During the hearing, a representative pressed Garcia to release names of candidates in the 2025 elections who allegedly received funds from contractors. Garcia shared that their current list is based on the 2022 national elections, as election offenses have a five-year prescriptive period for filing charges.
“As of last Saturday, we identified 31 possible contractors linked to candidates running for national positions,” Garcia revealed. He added that the list is still being reviewed and will be submitted soon.
He also noted the importance of verifying contract statuses with the Department of Public Works and Highways (DPWH) to determine if these companies had active government contracts during the candidates’ filing period. “Some contractors may not have had contracts at the time, which would exempt them,” he explained.
President Marcos’ Strong Stand Against Corruption
The issue of contractors funding poll bets gained attention following President Ferdinand R. Marcos Jr.’s fourth State of the Nation Address. The president condemned government officials and firms allegedly involved in kickbacks, calling their actions shameful.
This condemnation was echoed by a senator who warned that half of nearly P2 trillion allocated since 2011 for flood control projects might have been lost due to corruption, highlighting the urgency of reviewing these projects thoroughly.
Looking Ahead
Garcia assured that Comelec will continue investigating and holding accountable those who breach election laws through illicit campaign funding. The agency aims to submit the list of 31 possible contractor donors to Congress, marking a significant step toward transparency and electoral integrity.
For more news and updates on contractors funding poll bets, visit Filipinokami.com.