Resolution No. 9834
IN RE: CLARIFICATIONS ON THE LATE PENALTY IMPOSED FOR CANDIDATES WHO BELATEDLY SUBMITTED &/OR CORRECTED THEIR CAMPAIGN FINANCE REPORTS & STATEMENTS IN CONNECTION TO THE 13 MAY 2013 NATIONAL & LOCAL ELECTIONS
Promulgation: 17 December 2013
This pertains to the implementation of COMELEC Resolution No. 9476 promulgated on 22 June 2012 entitled "Rules and Regulations Governing Campaign Finance and Disclosure In Connection with the 13 May 2013 National and Local Elections and Subsequent Elections Thereafter", on the issue as to whether the late penalty imposed by En Banc Minute Resolution No. 13-0823 dated 02 July 2013 constitutes the administrative fine as provided by Section 14 of Republic Act No. 7166 ("RA 7166") and implemented by Resolution No. 9558 dated 23 November 2012.
Considering that it is a policy of this Commission to encourage transparency among candidates as part of the constitutional mandate for the State to maintain honesty and integrity in the public service as provided in Section 27, Article II of the Constitution of the Philippines;
In light of the queries received by this Commission regarding the effect of payment of the late penalty imposed on non-compliant candidates pursuant to En Banc Minute Resolution No. 13-0823 dated 02 July 2013;
WHEREFORE, the Commission En Banc RESOLVED, as it hereby RESOLVES to ISSUE the following CLARIFICATIONS on its implementation of the Rules and Regulations Governing Campaign Finance and Disclosure insofar as candidates for the 13 May 2013 National and Local Elections are concerned:
- The late penalty imposed as per Minute Resolution No. 13-0823 dated 02 July 2013 DOES NOT constitute the administrative fine provided for under Section 14 of Republic Act No. 7166 ("RA 7166") as implemented by Resolution No. 9558 dated 23 November 2012.
- The payment of the late penalty by a candidate together with the submission of his/her complete and fully compliant Statement of Contributions and Expenditures ("SOCE") and the relevant Annexes and supporting documents in relation to his/her campaign for the 13 May 2013 National and Local Elections DOES NOT make him/her administratively liable for violation of Section 14 of RA 7166.
FURTHERMORE, the Commission hereby ENJOINS all candidates who: (a) failed to file their SOCEs with the proper attachments; (b) were deemed to have failed to file their SOCEs on the ground of failing to personally sign the SOCE and its attachments; (c) were deemed to have failed to file their SOCEs on the ground of not using the prescribed forms provided in Resolution No. 9476; (d) failed to submit the relevant Annexes (Annexes G, H, H-1, I) and the supporting documents such as receipts and invoices; to submit their compliance and pay the late penalties in the soonest possible time.
The Education and Information Department (EID) is directed to cause the publication of this Resolution and to disseminate the same to all interested parties. The Office of the Deputy Director for Operations (ODEDO) is likewise directed to disseminate this Resolution to all field offices of the Commission posthaste.
- TAGLE, LUCENITO N., Commissioner
- YUSOPH, ELIAS R., Commissioner
- LIM, CHRISTIAN ROBERT S., Commissioner
- PADACA, MARIA GRACIA CIELO M., Commissioner
- PARREÑO, AL A., Commissioner
- GUIA, LUIE TITO F., Commissioner
ON OFFICIAL BUSINESS:
- BRILLANTES, SIXTO S., Jr., Chairman
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