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Comele finance regulations

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Comele finance regulations

  1. 1. Clean and ResponsibleFinancing ofCampaigningThe COMELEC Regulations onCampaign FinancingBy: Mr. Jun Dumaug
  2. 2. COMELECResolution No. 9616 GENERAL INSTRUCTIONS FOR THE IMPLEMENTATION OF CAMPAIGN FINANCE LAWS AS PROVIDED IN RESOLUTION NO. 9476 , AS AMENDED IN CONNECTION WITH THE 13 MAY 2013 NATIONAL AND LOCAL ELECTIONS AND ALL SUBSEQUENT ELECTIONS THEREAFTER Promulgated January 16, 2013
  3. 3. COMELEC Resolution No. 9476RULES AND REGULATIONS GOVERNINGCAMPAIGN FINANCE AND DISCLOSURE IN CONNECTION WITH THE 13 MAY2013 NATIONAL AND LOCAL ELECTIONS AND SUBSEQUENT ELECTIONS THEREAFTER Promulgated June 22, 2012
  4. 4. 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 includeservices rendered without compensationby individuals volunteering a portion or all of their time in behalf of a candidate or party. It shall also include the use of facilities voluntarily donated by otherpersons, the money value of which can be assessed based on the rate prevailing in the area.
  5. 5. EXPENDITURE Includes the payment or delivery of money or anything of value, or a contract, promise or agreement to make expenditure, for thepurpose 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.
  6. 6. CAMPAIGN FINANCE UNIT
  7. 7. OFFICERS RESPONSIBLE CFU Senators, National Political Parties & Party Lists Regional Election Director, NCR Congressmen and Political Parties in NCR Regional Election Director, NCR Regional Political Parties Provincial Election Supervisor Congressmen, Local Officials and Parties in Provinces City Election Officer Congressmen, Local Officials and Parties in Cities Regional Election Director, ARMM Governor, Vice Governor and Parties in ARMM ARMM Provincial Election SupervisorRegional Legislative Assembly Members and Provincial Parties
  8. 8. DUTIES & FUNCTIONS1. Send written reminder 5 days after election of submission of campaign finance disclosure statements 2. Conduct price surveys 3. Monitor public rallies, meetings and gatherings4. Monitor and report to unit any activity, act or omission5. Coordinate with deputized agencies, accredited citizens’ arms and civil society partners6. Issues notice to remove campaign materials7. Receive financial disclosure documents8. Issue certificate of compliance9. Perform other functions ordered by the Commission through the Committee
  9. 9. Monitoring ActivitiesDuring Campaign Period1. Monitoring of Public Rallies and Meetings2. Continuousmonitoring andcompliance check ofcampaign materials
  10. 10. Report ofContribution30 days following the election
  11. 11. ExemptionFrom Donors TaxUnexpended Balance Subject toIncome Tax.
  12. 12. PROHIBITED CONTRIBUTIONPublic or Private Financial InstitutionNatural & Juridical persons operating a public utility or exploiting any natural resourcesNatural & Juridical persons who holds contracts with the Govt.Natural & Juridical persons granted franchises, incentives, etc by the govt.Natural & Juridical persons 1 year prior to the election was granted a loan in excess of P100T from the Govt.Educational Institutions which receive not less than P100T from the Govt.Officials & Employees of the Civil Service & AFPForeigners and foreign corporations
  13. 13. PROHIBITED SOLICITATIONS ORRECEIVING OF CONTRIBUTIONSAny contribution for purposes ofpartisan political activity, from any ofthose mentioned previouslyAny aid or contribution ofwhatever form or nature from anyforeigners for the purpose ofinfluencing the results of theelectionsAny gift, food, transportation,contribution or donation in cashor in kind from any candidate orfrom his campaign manage
  14. 14. PROHIBITED FORMS OF RAISING FUNDS Dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainments or cinematographic, theatrical or other performances from the commencement of the election period up to and including election day.
  15. 15. Prohibited contributions by candidates No candidate, his or her spouse, or any relative within the second civil degree of consanguinity (or his campaign manager, agent or representative shall directly or indirectly, make any donation, contribution or gift, in cash or in kind, or contribute to the construction or repair of roads, bridges, schoolhouses, etc.
  16. 16. COVERAGE OF THE 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, water or aircraft, equipment, facilities, apparatus and paraphernalia used in the campaign.
  17. 17. LAWFUL EXPENSESTravelling ExpensesCompensation of campaign staffCommunication ExpensesPrinting & Distribution of MaterialsEmployment of WatchersRent & Maintenance of HQ, Office etc.Political Meetings & RalliesNewspaper, radio, TV advertisementsEmployment of counselCopying & classifying list of votersPrinting of sample ballot
  18. 18. PUBLIC RALLY Notice of Public Rally Intent be Submitted 3 working days prior the rallyStatement of Expenses on Public Rally Be submitted within 7 working days after the rally
  19. 19. Campaign expenditures are subject to creditablewithholding tax
  20. 20. ACCEPTANCE AND SUBMISSION OFADVERTISING CONTRACTS ANDREPORTINGWritten Acceptance of ElectionPropaganda MaterialsSubmission of Copies ofAdvertising Contracts
  21. 21. Who can be When deemed Unlawful Acts or Omissions liable unlawful Directly or indirectly aiding any candidate or political party, taking part in or influencing in Any foreigner, any manner any election, or contributing orA whether judicial Anytime making any expenditure in connection with or natural person any election campaign or partisan political activity. [OEC, Sec. 81 in relation to Sec. 262] Failing to notify the election officer concerned of any public rally that a party or During campaign period candidate intents to organize and hold in the and within seven (7) city or municipality and to submit within Any party orB working days after the seven (7) working days a statement of candidate conduct of the public expenses incurred in connection with the rally said public rally. [OEC, Sec. 88 in relation to Sec. 262] Giving or accepting free of charge, whether During the five (5) hours directly or indirectly, transportation, food, Any candidate, before and after a public drinks or things of value; and giving or party,C meeting, on the day contributing, whether directly or indirectly, organization or before the election, on money or things of value for such purpose. any person election day [OEC, Sec. 89 in relation to Sec. 262]
  22. 22. Who can be When deemed Unlawful Acts or Omissions liable unlawful Giving and receiving, whether directly or indirectly, contributions for purposes of Both theD political partisan activity by persons specified contributor/ donor Anytime under Section 95 of the OEC, in relation to Sec. & recipient/ donee 262 thereof. Soliciting and receiving, whether directly or indirectly, any aid or contribution of whatever Any person, form or nature from foreign sources from any including politicalE Anytime foreign national, government or entity for parties, public or purposes of influencing the results of the private entities election. [OEC, Sec. 96 in relation to Sec. 262] Holding of dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests, From start of the entertainments or cinematographic, theatrical election period up toF or other performances for the purpose of Any Person and including election raising funds for an election campaign or for day the support of any candidate. [OEC, Sec. 97 in relation to Sec. 262]
  23. 23. Who can be When deemed Unlawful Acts or Omissions liable unlawful Directly or indirectly soliciting and/or accepting from any candidate for public officer, or from his/her campaign manager, Any person or From start of the agent or representative, or any person acting organization, election period upG in their behalf, any gift, food, transportation, whether civic or to and including contribution or donation in cash or in kind, religious election day subject to certain exceptions under Section 97 of the OEC, in relation to Sec. 262 thereof. Making of any contribution under another name other than the contributor’s own name Contributor and/ or or receiving a contribution and entering orH recipient candidate Anytime recording the same in any name other than or party treasurer that of the person by whom it was made. [OEC, Sec. 98in relation to Sec. 262] Failing to file a report under oath of Any person giving contributions within thirty (30) days after the contributions to any After the lapse of day of the elections, stating the amount of candidate, party thirty (30) days fromI each contribution, the name of the candidate, treasurer or the day of the agent of the candidate or party receiving the authorized elections contribution and the date of the contribution. representative of [OEC, Sec. 99 in relation to Sec. 262] candidate/party
  24. 24. When deemed Unlawful Acts or Omissions Who can be liable unlawful Exceeding the aggregate amount that may be spent for election campaigns according to the When Candidates andJ rates provided by Section 13 of Republic Act No. expenditure parties 7166, and made unlawful by Sections limit is exceeded 100 and 101 in relation to Sec. 262 of the OEC. Making any expenditure, whether directly or Candidate or party DuringK indirectly, for purposes other than those provided treasurer campaign period under Section 102 of the OEC. Making any expenditure in support of or in opposition to any candidate or party without DuringL written authority to do so by the candidate or Any person campaign period party, a copy of which shall be furnished the Commission. [OEC, Sec. 103 in relation to Sec. 262 Giving, directly or indirectly, any donation, Candidates, his or contribution or gift in cash or in kind, undertaking her spouse or any During or contributing to the construction or repair of relative within the campaign roads, bridges, school houses, puericulture second civil degree of period, on theM centers, medical clinics and hospitals, churches or consanguinity or day before chapels, cement pavements or any structure for affinity, or his/her election, and on public use or for the use of any religious or civic campaign manager, election day organization, with certain exceptions agent or underSection 104 of the OEC. representative
  25. 25. Who can be When deemed Unlawful Acts or Omissions liable unlawful Use of public funds, money deposited in trust, equipment, facilities owned or controlled by the(n) government for any election campaign or for any Any person Anytime partisan political activity as enumerated and specified in Sec. 261 (o) of the OEC. Release, disbursement or expenditure of public funds Any public Forty-five (45) by any public official or employee including barangay official or days before a officials and those of government-owned or controlled employee regular election(o) corporations and their subsidiaries for any and all (including those or thirty (30) kinds of public works, subject to certain exemptions as of GOCCs & their days before a provided by Sec. 261 (v) of the OEC, as implemented subsidiaries), special election by Resolution No. 9585. barangay officials Undertaking to construct or the construction of public works, delivery of materials for public works or Forty-five (45) issuance of treasury warrants or any device days before a undertaking future delivery of money, goods or other regular election(p) things of value chargeable against public funds, which Any person or thirty (30) are unlawful acts punishable as election offenses days before a under Sec. 261(w) of the OEC, but subject to certain special election exemptions provided under Section 261 (v) thereof, as implemented by Resolution No. 9585.
  26. 26. FILING OF COMPLAINTSINITIATION OF COMPLAINTS Commission or any Citizen or Political Party File to the Provincial Election Supervisor or Regional Election DirectorMOTU PROPIO COMPLAINTS Election Field Officers or CFU witnessed the offense Affidavit complaint filed directly to the Unit
  27. 27. EVIDENCE TO SUPPORT COMPLAINTS STILL PHOTOGRAPHS Traditional or Digital Camera VIDEO RECORDINGS Attached to the Complaint Sworn Statement of Authenticity Must be stored in Portable Storage Medium Rule on Prosecution of Election Offenses of the COMELEC Rules of Procedures shall apply
  28. 28. DEADLINE Submission of Statement of Contributions & Expenditures5:00 PM, Thursday, June 13, 2013
  29. 29. CERTIFICATION OF COMPLIANCE
  30. 30. INITIAL COMPLIANCE CHECKSubmit Names of the Non-CompliantIssue Cause Orders to theNon-CompliantRecommend Imposition offines and file disqualificationDigitize all disclosureopen to the publicProvide copies to the BIR,AMLC, Ombudsman & COA
  31. 31. ANALYSIS OF THEDISCLOSURES
  32. 32. ENFORCEMENT OFRULES GOVERNING BAN ON PUBLIC WORKS
  33. 33. DEPUTATIONCOA & BIR to conduct fieldaudit and inspectionLaw Enforcement Agenciesin Implementing thisResolutionAMLC (Anti-MoneyLaundering Council
  34. 34. COMELEC RESOLUTION NO. 9558 1st Offense 2nd OffensePresident 30,000.00 60,000.00Vice President 30,000.00 60,000.00Senators 30,000.00 60,000.00Governors and Vice Governor 25,000.00 50,000.00House of Representatives - Legislative Districts 20,000.00 40,000.00House of Representatives - Party list System 30,000.00 60,000.00Local Political Parties 20,000.00 40,000.00Regional Political Parties 25,000.00 50,000.00National Political Parties 30,000.00 60,000.00Sangguniang Panlalawigan 20,000.00 40,000.00City Mayors 20,000.00 40,000.00City Vice Mayors 20,000.00 40,000.00Sangguniang Panglunsod 15,000.00 30,000.00Municipal Mayors 10,000.00 20,000.00Municipal Vice Mayors 10,000.00 20,000.00Sangguniang Bayan 10,000.00 20,000.00
  35. 35. THANK YOU!

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