The Commission on Elections (COMELEC) has dismissed an election offense complaint filed against President Ferdinand “Bongbong” Marcos Jr. and Vice President Sara Duterte regarding alleged illegal campaign donations during the May 2022 polls, citing their constitutional immunity from suit.
COMELEC Chairman George Garcia confirmed that the poll body’s law department rejected the complaint, explaining that sitting top executive officials are shielded from criminal prosecution while holding office. The announcement was made during an interview on Kapihan sa Manila Bay hosted by Marichu Villanueva.
“Base sa kanilang interpretasyon, ang bise presidente ay immune from suit. Ang ibig sabihin po ng immune from suit ay hindi niyo kagaling kasuhan ang presidente at bise presidente, dahil kasong kriminal. Bawal po silang kasuhan,” Garcia said.
(Based on their interpretation, the vice president is immune from suit. What immune from suit means is that you cannot file a case against the president and vice president because it is a criminal case. It is forbidden to file a case against them.)
The legal challenge originated from a petition filed by various groups, spearheaded by election watchdog Kontra Daya. The petitioners sought a preliminary investigation into the tandem’s alleged violations of the Omnibus Election Code, accusing them of accepting campaign contributions from government contractors during the 2022 election cycle.
While the poll body maintained that existing legal doctrines bar criminal proceedings against incumbent high-ranking officials, Garcia clarified that the dismissal does not mean total absolution. He stressed that accountability can still be pursued once their terms expire in June 2028.
Both President Marcos and Vice President Duterte have yet to issue public statements concerning the dismissal of the complaint.