While the Commission on Elections (Comelec) made it clear that government contractors are prohibited from making donations to election candidates, it may come out differently if it were made in a personal capacity.

"Sa aking palagay iyan ng magiging mabigat na depensa nung naturang tao (In my opinion, that would make for a strong defense of that person)," Comelec Chairman George Erwin Garcia said in an interview over DZRH on Friday, Aug. 15.

He explained that while the person is the owner of the construction company engaged in a contract with the government, he or she can argue that a donation was made in his or her personal capacity.

Garcia illustrated his point by saying that if a company earned ₱100 million and distributed the profit among its stockholders, the owner—receiving the largest share, say ₱20 million—could then donate this personal income to a politician-friend.

"Di ko sasabihing yan ay tama at valid na depensa, pero malakas na depensa yan (I wouldn’t say that it’s a correct or valid defense, but it is a strong one)," he said.

"Di ko po muna bibigyan ng konklusyon dahil maaring may makarating sa amin na ganyang mga klaseng complaint lalo na kung involving yung mismong opisyal ng isang public works contractor o kaya service contractor ng pamahalaan (I will refrain from drawing any conclusions for now, as we may receive such types of complaints, especially if they involve an official of a public works contractor or a government service contractor)," he added.

The poll chief also added that it would be an entirely different scenario if the company is owned by a single person, since the earnings would only go to one owner.

Garcia explained that under Section 95(c) of the Omnibus Election Code (OEC), the prohibition applies regardless of whether it is done before or after the elections.

He further noted that the offense has a prescriptive period of five years, meaning the poll body maintains jurisdiction even after the elections have concluded.

Comelec said it will conduct a motu proprio investigation into certain elected officials who received campaign contributions from government contractors, despite the existing ban on such donations.

He also made a call to Congress for the revision of the OEC, which has too many loopholes.

News reports recently came out that Senate President Francis "Chiz" Escudero's top campaign donor, Lawrence Lubiano bagged P5.16 billion in flood control project contracts.

Escudero dismissed this as a “malicious” and “ill-timed” smear job meant to oust him ahead of a possible impeachment bid against Vice President Sara Duterte in February 2026.