Promulgation: 27 September 2017
RULES AND REGULATIONS GOVERNING CAMPAIGN FINANCE AND DISCLOSURE IN CONNECTION WITH THE OCTOBER 23, 2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS
WHEREAS, on October 23, 2017, the Commission on Elections will hold a Synchronized Barangay and Sangguniang Kabataan Elections;
WHEREAS, there is a need to regulate election campaign expenses to promote fairness to all candidates and guarantee equal access to opportunities for public service;
WHEREAS, requiring all the candidates to file Statement of Contributions and Expenditures will deter excessive election spending and minimize the adverse impact of money in the electoral exercise;
CHAPTER I
INTRODUCTORY PROVISIONS
SECTION. 1 Title. - These rules shall be known and cited as Rules on Campaign Finance for Barangay and Sangguniang Kabataan Elections of 2017.
Sec. 2 Declaration of policy. - It is the policy of the Commission to uphold the state policy to guarantee equal access to opportunities for public service and consistent therewith, to promote fair and inexpensive electoral exercise to candidates by regulating campaign expenses in any elections.
Sec. 2 Definition of Words. - For purposes of these Rules, the following words or terms shall mean:
a. Contribution - includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the elections but shall not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate. It shall also include the use of facilities voluntarily donated by other persons, the money value of which can be assessed based on the rates prevailing in the area.
b. Expenditure - includes the payment or delivery of money or anything of value, or a contract, promise or agreement to make an expenditure, for the purpose of influencing the results of the election. It shall also include the use of facilities personally owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area.
c. Candidate - refers to any person seeking for an elective public office who has filed a certificate of candidacy, and who has not died, withdrawn, had the certificate of candidacy denied due course or cancelled, or has been otherwise disqualified before the start of the campaign period.
d. Statement of Contributions and Expenditures (SOCE)- it refers to such documents and its attachments, containing campaign finance disclosure statements on electoral contributions and expenditures required to be submitted in the form provided by these Rules;
e. Certificate of Compliance - refers to a certificate issued by the Election Officer or by the Campaign Finance Office (CFO) to a candidate who submitted SOCE.
CHAPTER II
CONTRIBUTIONS AND EXPENDITURES
A. ELECTORAL CONTRIBUTIONS
Sec. 4 True name of contributor required. - No person shall make any contribution in any name except his own nor shall any candidate receive a contribution or enter or record the same in any name other than that of the person by whom it was actually made.
Sec. 5 Report of contributions; When and Where to file. - Every person giving contributions, whether in cash or in kind, to any candidate, or authorized representative of such candidate shall, not later than November 22, 2017, file with the Office of the Election Officer concerned from 8:00 a.m. to 5:00 p.m. during weekdays, a report under oath stating the amount of each contribution, the name of the candidate or agent of the candidate receiving the contribution, and the date of the contribution.
Sec. 6 Prohibited contributions. - No contribution for purposes of election campaign shall be made directly or indirectly by any of the following:
a. Public or private financial institutions: Provided, however, that nothing herein shall prevent the making of any loan to a candidate by any such public or private financial institutions legally in the business of lending money, and that the loan is made in accordance with laws and regulations and in the ordinary course of business;
b. Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation;
c. Natural and juridical persons who hold contracts or subcontracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works;
d. Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including government-owned or controlled corporations;
e. Natural and juridical persons who, within one year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000.00 by the government or any of its divisions, subdivisions or instrumentalities including government-owned or controlled corporations;
f. Educational institutions which have received grants of public funds amounting to no less than P100,000.00;
g. Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; and
h. Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated herein.
Sec. 7 Soliciting or receiving contributions from foreign sources. - It shall be unlawful for any person, or public or private entity to solicit or receive, directly or indirectly, any aid or contribution of whatever form or nature from any foreign national, government or entity for the purposes of influencing the results of the election.
Sec. 8 Prohibited raising of funds. - It shall be unlawful for any person to hold dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainment, or cinematographic, theatrical or other performances for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to and including election day; or for any person or organization, whether civic or religious, directly or indirectly, to solicit and/ or accept from any candidate for public office, or from his campaign manager, agent or representative, or any person acting in their behalf, any gift, food, transportation, contribution or donation in cash or in kind from the commencement of the election period up to and including election day; Provided, That normal and customary religious stipends, tithes, or collections on Sundays and/ or other designated collection days, are excluded from this prohibition.
B. ELECTORAL EXPENDITURES
Sec. 9 Limitation upon expenses. - No candidates shall spend for their election campaign an aggregate amount exceeding five pesos (P5.00) for every voter currently registered in the constituency or barangay where they filed their candidacy.
Sec. 10 Coverage of Expenses.- The expenses herein referred to shall include those incurred or caused to be incurred by the candidate, whether in cash or in kind, including the use, rental or hire of land or watercraft, equipment, facilities, apparatus and paraphernalia used in the campaign.
Provided that where land or watercraft, equipment, facilities, apparatus and paraphernalia used is owned by the candidate, contributor or supporter, the candidate shall assess and declare the amount commensurate with the expenses for the use thereof, based on the prevailing rate in the locality and shall be included in the total expenses incurred by the candidate.
The Commission shall have the power to determine the correctness of such assessment and effect necessary correction thereto.
Sec. 11 Persons authorized to incur election expenditures. - No person, except the candidate or any person authorized by such candidate, shall make any expenditure in support of or in opposition to any candidate.
The authority to incur expenditures shall be in writing, copy of which shall be furnished the Election Officer concerned signed by the candidate and showing the expenditures so authorized, and shall state the full name and exact address of the person so designated.
Sec. 12 Lawful expenditures. - No candidate shall, directly or indirectly, make any expenditure except for the following purposes:
a. For traveling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto;
b. For compensation of campaigners, clerks, stenographers, messengers, and other persons actually employed in the campaign;
c. For telegraph and telephone tolls, postage, freight and express delivery charges;
d. For stationery, printing and distribution of pdnted matters relative to candidacy;
e. For employment of watchers at the polls;
f. For rent, maintenance and furnishing of campaign headquarters, office or place of meetings;
g. For meetings and rallies and the use of sound systems, lights and decorations during said meetings and rallies;
h. For newspaper, radio, television and other public advertisements;
i. For employment of counsel;
j. For copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the lists;
k. For printing sample ballots in such color, size and maximum number as may be authorized by the Commission;
Expenditures spent under items i), j) and k), the costs of which shall not be taken into account in determining the amount of expenses which a candidate may have incurred.
Sec. 13 Public Rally; Statement of Expenses. - Candidates shall notify the Election Officer concerned of any public rally they intend to organize. The notice must include the time and venue and shall be submitted not later than three (3) working days prior to the date thereof.
Within seven (7) working days after holding of any public rally, the candidates shall submit to the Election Officer concerned the "Statement of Expenses" they incurred in connection therewith. However, supporting receipts for expenses incurred may be filed together with the SOCE.
Sec. 14 Prohibited donations by candidates. - No candidate, their spouses, or any of their relatives within the second degree of consanguinity and affinity, or his campaign manager, agent or representative shall during the campaign period, on the day before and on the day of the election, directly or indirectly, make any donation, contribution or gift in cash or in kind, or undertake or contribute to the construction or repair of roads, bridges, schoolhouses, puericulture centers, medical clinics and hospitals, churches or chapels, cement pavements, or any structure for public use or for the use of any religious or civic organization; Provided, that normal and customary religious dues or contributions, such as religious stipends, tithes or collection on Sundays or other designated collection days, as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period, are excluded from the prohibition.
CHAPTER III
NOTICE TO CANDIDATE
Sec. 15 Duty of Election Officers to send notice to candidates. - It shall be the duty of the Election Officers to notify in writing, by personal delivery or registered mail, within five (5) days from the date of election, all candidates residing in his jurisdiction to comply with the obligation to file SOCE.
The Election Officers shall submit to CFO the proof of personal service or the registry receipt of the notice sent to each candidate.
CHAPTER IV
FILING OF SOCE
Sec. 16 Forms and contents of SOCE. - The candidate, or through an authorized representative, shall submit two copies of SOCE using the prescribed forms attached in these Rules. It may be downloaded from the COMELEC Website, www.comelec.gov.ph or requested to be photocopied from the Election Officer's copy subject to payment of photocopying cost.
The SOCE shall contain the full, true and itemized, statement of all contributions and expenditures. The candidate shall personally sign the SOCE and its supporting documents. It shall be subscribed and sworn to any person who is authorized to administer an oath.
The candidate may submit manually filled-up SOCE using the prescribed forms. In such case, the Election Officer shall examine that all the hand-written entries therein are clear and legible.
Sec. 17 When and where to file SOCE. - Every candidate, including those who withdrew, shall file SOCE not later than November 22, 2017, from 8:00 a.m. to 5:00 p.m. during weekdays, at the Office of the Election Officer, concerned.
In case of special elections, it shall be filed within thirty (30) days from the date of such elections.
Sec. 18 Issuance of Certificate of Compliance. - The candidates shall receive a Certificate of Compliance from the Election Officer upon the filing of SOCE. For elected candidates, they shall submit the said certificate to proper authorities upon their assumption to office.
The certificate contains attestation of receipt and compliance to formal requirements on the submission of SOCE. Nothing in this Section, however, and despite the issuance of the certificate, shall prevent the COMELEC from conducting further investigation, or be pursuing any legal action against such candidate who may have violated any election law or campaign finance rules.
CHAPTER V
ADMINISTRATION OF OATH
Sec. 19 Officers of the Commission who are authorized to administer an oath; Free of charge. - The following officers, whether in permanent or in an acting capacity, are hereby authorized to administer an oath, free of charge, in all submissions related to SOCE:
a. Regional Election Director;
b. Assistant Regional Election Director;
c. Regional Election Attorney;
d. Provincial Election Supervisor;
e. Election Officers; and
f. Lawyers of the Commission holding career service positions.
The authority given to said officers shall not be interpreted to render ineffective the authority granted to any person to administer oaths under existing laws.
Sec. 20 Record Requirement for Administration of Oaths. - There shall be a "Record of Oaths" to be kept by the authorized officers mentioned in the preceding section, containing the list of all documents they administered in connection with the elections.
Except for Election Officer, who shall submit the record in accordance with Section 23 hereof, all authorized officers in the preceding section shall submit the record to the CFO not later than November 22, 2017.
CHAPTER VI
RECEPTION OF SOCE AND SUBMISSION TO CFO
Sec. 21 Procedure on receiving SOCE. - Election Officers are required to accomplish the Receiving Log Sheet, indicating the name of the candidate, elective position sought, date, time, and the list of documents submitted. If the submission is made by a person other than the candidate, it must indicate therein that such authority under oath is given by the candidate.
All entries in the Receiving Log Sheet shall be written clearly and legibly by hand. At the close of office hours on the last day of filing of SOCE, the Election Officers shall write a line and the word "CLOSED" at the end of the last entry in the Receiving Log Sheet affixing his signature thereat.
Sec. 22 Compliance Check and production of its Certificate. - Upon receipt of SOCE from the candidate, the Election Officers shall check whether the documents submitted comply with the formal requirements under the Rules. It shall be reviewed whether the documents are properly signed, dated, with attached annexes and supporting receipts, and executed under oath.
In case there is lacking any detail and/or document in the submission, the Election Officers shall immediately advise the candidate, or the duly authorized representative, to supply the lacking detail or document.
The Election Officers shall issue a Certificate of Formal Compliance after being satisfied that the SOCE submitted by the candidate is complete and in order. The certificate shall be issued free of charge for the first original copy. Issuance of additional copy, as requested, shall be charged with a fee of One Hundred Pesos (P100.00) by the Election Officer. The CFO may also issue additional copy in case that the records are already submitted before it in accordance with the succeeding section hereof.
Sec. 23 Collation at the Office of the Provincial Election Supervisor and submission to CFO. - The Election Officers shall, within seven (7) days from the last day of filing of SOCE, transmit one copy of all the SOCE received, Receiving Log Sheet, List with issued Certificate of Compliance, proof of service of Notice to Candidate and the Record of Oaths, to the Office of the Provincial Election Supervisor.
The Provincial Election Supervisor shall, not later than December 07, 2017, submit all documents enumerated in the preceding section to the CFO through the Commission's official courier.
Sec. 24 Applicability of the rules and other resolutions of the Commission. - These rules shall apply to elections of Barangay and Sangguniang Kabataan, and to the extent appropriate, for its special and recall elections.
Pertinent provisions of other COMELEC Resolutions on campaign finance disclosure, in so far as applicable and consistent herewith, shall likewise apply.
Sec. 25 Effectivity. - This Resolution shall take effect seven (7) days following its publication in two (2) newspapers of general circulation in the Philippines. The Education and Information Department is hereby directed to cause the widest dissemination of this Resolution and its publication.
Let the Deputy Executive Director for Operations and the Campaign Finance Office implement this Resolution.
SO ORDERED
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