2
5 MAY 2010
Republic of the Philippines COMMISSION ON ELECTIONS Manila
MELO, Jose A.R.,
RULES AND REGULATIONS GOVERNING ELECTOML CONTRIBUTIONS AND EXPENDITURES IN CONNECTION WITH THE MAY 10, 2O1O NATIONAL AND LOCAL ELECTIONS,
SARMIENTO, Rene V., FERRER, Nicodemo
TAGLE, Lucenito N., VELASCO, Armando C,, YUSOPH, Elias R., LARRAZABAL Gregorio V,
x-------------------------------------'-'----x PROMTILGATED
i\
RESOLUTION NO.
Pursuant
to
powers vested in
it
by the Constitution, the
Omnibus
the Commission on
Elections
Election Code, and other election laws, RESOLVED
to promulgate, as it hereby promulgatesr the following rules and
regulations governing electoral contributions and expendiiures in connection wlth the lviay 10,2010 national and local elections.
Section 1, Definition of terms.
-
The following terms are hereby
delined as tollows:
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 result of the elections but shall not
include services rendered withoui compensation
by
individuals
volunteering a portion or all of their tifne in behalf of a candidate or
political party.
]t
shall also include the use of facilities voluntarily
donated by other persons, the money value assessed based on the rate prevailing in the area. .i)
of which can be
,.
"Expenbiture" includes'the payment or delivery of money or anythirlg
of value, or a contract, promise or agreement to make 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. "Person" includes an individual, partnership, committee. association, corporation, and any other organization or group of persons.
Sec.
2, True name of contributor required.
-
No person shall make
any contribution in any name except his own. No candidate or treasurer of any
political party shall receive a contribution or enter or record the same in any name other than that of the person by whom it was actually made.
3. Report of contributions. -After the conduct of election but not later than 09 June 2010, every person giving contribution to any Sec,
candidate, treasurer of the party or to the authorized representative of such candidate or treasureT shall file wiih the Commission on Elections (COMELEC) a report. under bath, stating his residential and business address, the amount
of each contribution, the name of the candidate, agent of the candidate or political party receivlng the contributions and the date of the contribution. (See Annex "A" for sample form)
Any contribution in cash or in kind to any candidate or political party or coalition of padies for campaign purposes/ duly reported to the Commission, shall not be subject to the payment of donors and donees tax.
Sec.
4. Frohibited contributions,
-
No contribution for purposes of
partisan political activity shall be made, direcily or indlrectly by any of the following:
a.
Public or private financial institutions. However, nothing herein shall
prevent the making of any loan to a candidate or political party by any such public or prlvate financlal institutions legally in the businesE
4
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 natljral resources of the naiion; c. Naiural and
juridical persons who hold contracts or subcontracts to
the government or any of its divisions, subdivisions or instrumentallties, with goods or services or to perform construction
supply
r
or other works;
d. Natural and juridicat persons who have been granted franchisesr incentives, exemptions, allocations, or similar privileges or concesslons 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 elections, have been granied loans or other accommodations in excqss 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
umouniing to no less than Pi00,000.0d;
g. Official and emptoyees in the Civil
Service or'members of the Armed
Forces of the PhiliPPines; and
h.
Foreigners and foreign corporations.
Sec,5, Prohibited solicitations or receiving of contributions'
-
No person or entity, public or private, shall solicit or receive, directly or indirectly.
,4
-
a.
Any contribution for purposes of partisan political activity, from any of the persons or entities enumerated in the immediately preceding sectionj
b. Any aid or contribution of whatever:form or nature from any foreign national, government or entity for the purpose of influencing the results of the elections; or
c. Any gift, food, transportation, contribution or donation in cash or
in
or kind from any candidate or from his campaign manager' agent representative, or any person acting in their behalf within the second
or affinity in case of candidates for President, Vice-President, Senators and Party-List nominees' Member, House of Representatives and local positions, except
degree
of
consanguinity
normal and customary retigious stipends, tithes or collections on Sundays and/or other designated collection days'
Sec,6, irohibited raising of funds.
-
It
is unlawful for any person
lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainments or cinematographic' theatrical or other performances for the purpose of raising funds for an election campaign or for the support of
to hold dances,
any candidate from January 10, 2010 up
to
12100 o'clock midnight
pf
May 10, 2010.
-
s,ec,7, iuthorized expenses of candidates and political parties' The aggregate amount that a candidate or registered political party may
spend for election campaign shall be as follow:
I. a. b. ,
CANDIDATES WITH POLITICAL PARTIES President and Vice-President
--Ten
Pesos (P10'00);
--
Three Pesos (P3-00) for every voter
currently registered
in the constituency where the
For other candidates
candidate filed his ceftiflcate of candid acy.
,4
II.
CANDIDATES WITHOUT ANY POLITICAL PARTY OR
WITHOUT SUPPORT FROM ANY POLITTCAL PARTY Candidate without any poliLical party and without support
from
any
poliiical party
l-
Five Pesos (P5'00) for every
such voter; and
III.
POLITICAL PARry/PARW LIST Political pafties and party-list groups
--
Five Pesos (P5'00)
for every voter currently registered in the constituency or constituencies where it has official candidates.
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, water or aircraft, equipment, facilities, apparatus and paraphernalia used in the campaign.
If the land, water or aircraft, equipment, facilities, apparatus ahd paraphernalia used is owned by the candidate, his contributor or supporter,
the Commission shall assess the amount commensurate with the expenses for
the use thereof, based on the prevailing rate in the locality and shall
be
included in the toial expenses incurred by the candidate
Sec,
8. Lawful
exqenditures'
-
No candidate or treasurer of
a
political party shall, directly or indirectly, make any expenditure except for the followinq purposes:
traveling expenses of the candidaies and campaign personnel in the course of the campaign and for personal expenses incident thereto;
a. For
b.
For
compensation
of
campaigners/ clerks, stenographers,
messengers, and other persons actually employed in the campaign;
For telegraph and telephone tolls, postages, freight and express delivery charges;
I
AI
Ltr
d. For stitionery, printing and distribution of printed materials relative to ihe candidacy;
e.
For empioyment oF watchers at the polls;
f.
For rent, maintenance and furnishing of campaign headquarters, office or place of meetings;
lights s. For political meetings and rallies and the use of sound systems, and decorations during said meetings and rallies; h. For newspaper, radio, television and other public advertisements; i.
For employment of counsel;
I.
For copying and classifying lists of voters, investigating
and challenging the right to vote of persons registered in the lists; and
k.
For printing sample ballots in such color, size and maximum number as may be authorized by the Commission
fi), and (k) above, shall not be taken into account in determining the amount of expenses which a candidate of political The expenditures for items (i),
party may have incurred under Section 7 hereof.
sec, 9, Persons authorized to incur election expenditures'
-
No
persons. except,the candidate, the treasurer of political pafty, organization, or
coalition, or any person authorized by such candidate or treasurer, shall make
any expenditure in support of or in opposition to any candidate or Political party, organization, or coalition. Expenditures duly authorized by the candidate or treasurer of the party shall be considered as expenditures of such candidate
or political party.
The authority to incur expenditures shall be in writing, copy of which shall be furnished the Commission.
It
shall be signed by the candidate or the
treasurer of the party and shall siate the expenditures so authorized and the
full name and exact address of ihe person so designated (see Annex "8" for sample form).
Sec, tO, Prohibited donations by candidates,
2010 to May 10, 2010, in case of candidates
for
-
From February 9,
President, Vice-Presiden}
Senators and party-list and front March 26, ?OLO
to May 10, 2010 in case
of candidates for lvlember, House of Representatives and local positions, no candidate, his or her spouse, or any relative within the second civil degree of consanguinity (up to grandparents, grandchildren, brothers and sisters) or affinity (up to grandparents-inlaw, or grandchildren-in-law' brothers-in-law and sisters-in-law) or his campaign manager, agent or representative shall make any donation, contribution or gift, in cadh or
contribute
to the
construction oT repair
of
in kind, or undertake or
roads, bridges, schoolhouses,
puericulture cehters, medical clinics and hospitals, churches or chapels, cement pavemehts or any structures for public use of for the use of any religious or civic organizations.
'
Excluded from this prohibition are normal and customary religious dues
or coniributions, such as religious stipends, tithes or collections 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.
This prohibition shall apply to treasurers, agents or representatives of any political party.
Sec, 11. 'Accounting, for agents of candidates or treasurers'
-
Every person receiving contributions or incurring expenditure by authority of
the candidate or treasurer of the party shall, on demand by the candidate or treasurer of the party and in any event within five (5) days after receiving such contribution or incurring such expenditures, render to the candidate or
treasurer of the party concerned,
a detailed account thereof with
proper
vouchers or official receipts.
Sec,
12, Records of Contributions and expenditures
-
a. It shall be the duty of every candidate, treasurer of the political party and person acting under authority of such candidate or treasurer to
:, issue a receipt for every contribuiion received, and to obtain and keep a receipt stating the padiculars of every expenditure made.
b. Every candidate and treasurer
of the pa*y shall keep detailed, full
and accurate records of all contributions received and expenditures incurred by him and by those acting under his authority, setting forth therein all information required to be reported. c, Every candidate and treasurer
of the party shall be responsible for
the preservation qf the records of contributions and expenditures, together with all pertinent documents, for at least three (3) years after the holding of the election to which they pertain and for their production for inspection by the COMELEC representative,
or its duly
authorized
or upon presentation of a subpoena duces tecum
duly issued by the COMELEC.
Failure oi the candidate or treasurer to preserve such records or documents:shall be deemed prima facie evidence of violation of Sec. 106 of the Omnibus Election Code, which constitutes an election
offense,
Sec,!3, Reminders
to
contrihutions and Expenditures.
candidates
-
to file gtatement of
Not later than May 20, 2010, the Law
Department of the Commission, the Regional Election Director of ihe National Capital Region, the Provincial Election Supervisors and Election Officers shall advise in writing by personal delivery or registered mail all candidates who
flled their certiflcates obligation to flle their
of
candidacy with them to comply with their
statements
of
contributions and expenditures in
connection with the elections. Every electloh officer shall also advise all candidates residing in his jurisdiction to comply with said obligation.
Sec, L4, When and where to file gtatementt -Not later than 09
June 2010, every candidate shall file in triplicate with the offlce of ihe Commission where he filed his certificate of candidacy a full, true and itemized
statement
of all
contributions and expenditures
in
connection with the
elections. Within the same period/ every treasurer of the political party or party list group that participated in the elections shall file with the Law Department of the CoMELEC its statement of election contributions and
it shall be by registered mail, and the date on which it was registered with the post offlce may be considered as the filing date thereof if confirmed on the same date by
expenditures. If. the statement is sent by mail,
telegram or radiogram addressed to the office or official with whom the statement should be filed, which telegram or radiogram shall indicate the registry receipt number of such registered mail. The Regional Election Director of the National Capital Region, Provincial Election Supervisors and Election Officers concerned shall, not later than
July
L4,2oLO, send to the Commission on Elections, Manila, triplicate copies of all statements flled with them.
Sec,
15.'
Form and contents of statements.
-
The statement
required in next preceding section shall be in writing, subscribed and sworn to by the candidate or by the treasurer of the party.
following:
Ii
shall set forth in detail the
l
a, The amount of contribution, ihe date of receipt, and the full name and expct address of the person from whom the contribution was received;
b. The amount of every expenditure, the date thereof, the full name and exact address of the person from whom payment was made'and [he purpose of the exPenditure;
c. Any unpaid obligation, its nature and amount, and to whom
said
obligation is owing; and
d.
If
the candidate or treasurer of the party has received no
contribution, made no expenditure, or has no pending obligation, the statement shall reflect such fact.
Particulars contained
in the attached sample forms, Annexes 'C",
"C-1", "C-2", "C-3", and "C-4"7
,t(
Sec, 16,' Preseruation and insPection
of statements' -
All
statement of contributions and expenditures shall be kept and preserved at the office where they are filed and shall constitute part of public records thereat for three (3) years after May 10, 2010. They shall not be removed therefrom except upon order of the CON4ELEC or of a competent court and shalt, during regular office hours, be subject and open
to inspection by the
public, The officer-in-charge thereot shall, on written demand, furnish certified copies of any statement upon payment of the fee of Two Pesos (P2.00) for every page.
He shall examine all statements receive from candidates and political parties to determine compliance with the provisions of this resolution.
Sec. !7
,
Effect of failure to fite rtatemenh
-
(a) No person elected
to any public office shall enter upon the dutibs of his office until he has flled the statement of contributions and expenditur6s herein required.
The same prohibition shall apply if the political party which nominated the winning candidates, or winning partylist group, fails to file the statement required herein on or before June 9, 2010.
(b) Failure to file statements or reports in connection with the electoral
ahd expenditures as required herein shall constitute administrative offense for which the offenders shall be liable to pay contributions
an an
administrative fi'ne ranging from One Thousand Pesos (P1,000.00) to Thirty Thousand Pesos (P30,000.00), at the discretion of the Commission.
The fine shall be paid within thirty (30) days from receipt of notice of such failure; otherwise, it shall be enforceable by a writ of execution lssued by
the COMELEC against the propefties of the offender.
For the commission of
a
second
or subsequent offense under
this
section, the administrative fine shall be from Two Thousand Pesos (P2,000.00)
to Sixty Thousand Pesos (P60,000.00), at the discretion of the Commission. In
l
addition, the offender shall be subject to perpetual disqualification to hold public oFllce.
Report of contracior and business ftrms, - Not later than June 9, 2010, every person or firm to whom any electoral expenditure has Sec.
!8,
been made shall file with the Law Department of the COMELEC, in triplicate, a
written report setting forth the full names and exact addresses of the candidates, treaiurers of the political parties, and other persons incurring such
expenditures,
the nature or purpose or each expenditure, the date
and
amount thereof/ and such other padiculars contained in the attached sample
form (Annex "D').
The repoft shall be signed and sworn to by the supplier or contractor, or in case of a busihess firm or association, by its president or general manager.
It
or firm to whom an electoral expenditure is made to require every agent of a political party to present shatl be the duty
of such
person
written authorid to incur etectoral expenditures in behatf of such candidate or treasurer.
The same person or flrm shall keep and preserve at its place of business, subject
to
inspection
by the
Cdmmission
or its
authorized
representatives, copies of such written authority, contracts, vouchers, invoices and other records and documents relative to said expenditures for a period of three (3) years from May 10, 2010.
It is unlawful for any supplier,
contractor or business flrm to enter into
contracts involvihg electoral expenditures with representative of candidates or
political paties, organizations, or coalitions who do not have such written authority.
Sec,
t9, gtatement of expenses
on public rally,
-
Within seven (7)
working days after holding any public rally, the candidate concerned shall submit to the election officer a statement of expenses incurred in connection
therewith, after previously securing the necessary permit from the
,'t)
"v
municipal/city official concerned and notirying the election olficer thereof (See Annexes "E" and "F" hereof for sample forms). Faiture to'comply with this Section constitutes an election offense under
Section 68 in relation to Section 262 of the Omnibus Election Code.
Sec, 20. Effectivity'
upon publication
-
in tvvo (2)
This resolution shall take effect immediately
of
newspapers
general circuLation
in
the
Philippines.
Sec,
21,
Dissemination,
- fhe
Fducation and Information
Depaftment shall cause the publication of this resolution in two (2) d;ily newspapers
of general circulation' It shall furnish copies thereof to all field
offices of the Commission and registered political parties, organizations, or coalitions.
SO ORDERED.
RENE VISARMIENT Commissioner
CENITO.N: Commissioner
Commissioner
NICOD
FERRER toneT
ARMANDO Commi
VELASCO
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ANNEX
"8"
AUTHbRITY TO RECEIVE ELECTORAL CONTRIBUTIONS AND/OR TNCUR ELECTORAL EXPENDITURES
Date
TO WHOM IT MAY CONCERNI
of
This is to certify that ( Conplete address)
is duly authorized by the Undersigned to receive electoral contributions and/or
incur party political herein below indicated electoral expenses in my behalf as a candidate of the 20 on in connection with the elections
,A.uthofized amount
of
( Signature above printed full name of candidate/treasurer)
Expenditures (In words and in flgures) Conplete Address/ E-mai I Address/Tel. No.
(Php Office ( and canstituency) to which candidate seeks to be elected or political parl:l treasure
ANNE( "C"
STATEMENT OF ELECTION CONTRIBUTIONS AND EXPENDITURES Date of Election FULL NAME OF CANDIDATE/PARTY TREASURER FILING THE STATEMENTi
ADDRESS/TEL. NO,
ADDRESS/E-MAIL
COMPLETE OFFICE/RESIDENTIAL
OF
CANDIDATE/ TREASURERI
OFFICE FOR WHICH THE FILER IS A CANDIDATE OR POLMCAL PARry/ORGANIZATION OF TREASURER-FILER: TO
PERIOD COVERED:
CONTRIBUTIONS RECEIVEDT ( Aftach schedule t or itemized contributions) --Total contributions from pblitical party Organizations - - - - - - - - - - Total contributions from other persons TO-AL CON lR-BUTIONS c.ECELVED:
P P
---------
p
EXPENDITURES INCURRED: ( Attach Schedule 2 for itemized expenditures)
.
For candidatel Total expenditures paid by candidate out of personalfunds - - - Totalexpenditures paid out of contributions received - - -_- -TOTAL EXPENDITURES,INCURRED - -
-.
.
P
-'
P
P
i
For PartyTreasurer: _ Total expenditLrres paid by national olfce - - Totalexpenditures paid by branches/chapters/committees - -
-
ToTAL EXPENDITIIRES INCURRED - - -
-- - -
'' ----------i------
P P P
Republic of the Philippines
, 1.
.after being duly sworn to, hereby depose and state that: The foregoing statement and suppofting documents ( Schedule 1 and 2) are supported by receipts, vouchers and other documents reflecting the full, true, accurate and complete election contributions received and expenditures incurred by me and/or by my duly authorized representative during the period indicated; The expenditures incurred are for lawful purposes and the conhibutions were not received frorr persone o- enliries prohibiieo by law lo give contr'bucions, signature this of have hereunto alflxed WITNESS WHEREoF, 1
2. IN
201-.
my
I
( signature of candidate/treasurer) SUBSCRIBED AND SWORN
to
to before me this issued by
ldentiflcation Card No.
ane his
20_,
day of
with expiry
date_.
Notary Public Doc. No.
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Page No.
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