Resolution 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
Promulgation: 16 January 2013
Pursuant to Sections 26 and 27 of Article II and Sections 2 and 4 of Article IX-C of the Philippine Constitution and the powers vested in this Commission by Batas Pambansa Bilang 881, as amended ("Omnibus Election Code" or "OEC"), Republic Act No. 7166, and other election laws, the Commission on Elections hereby resolves to promulgate the following General Instructions for the Implementation of Campaign Finance Laws as embodied in Resolution No. 9476, as amended ("Campaign Finance Rules"):
Section 1. Designation of the Campaign Finance Unit. - For purposes of the 13 May 2013 National and Local Elections, the Law Department is hereby designated as the Campaign Finance unit ("Unit"). The Director of the Law Department shall designate employees within the department to perform the duties and functions of the Campaign Finance Unit, including coordination and liaison with the Commission's field officers responsible for implementing these general instructions as identified in the following section.
Section 2. Officers Responsible for Implementing Campaign Finance Laws anf the Fair Election Act. - In addition to the members of the Campaign Finance Unit, the offices specified and designated by Section 3 of Resolution No. 9518 to receive Certificates of Candidacy shall likewise be responsible for the implementation of these general instructions. The following officers are hereby designated as point persons for the candidates and parties, depending on the elective position sought and constituency of the party, to wit:
|Campaign Finance Unit||
|Regional Election Director, National Capital Region (NCR)||
|Regional Election Directors concerned||Regional Political Parties|
|Provincial Election Supervisor concerned||
|City Election Officer concerned designated for the purpose by the Regional Election Director (copies of the designation of the Election Officer concerned shall immediately be submitted to the Unit)||
|City/Municipal Election Officer concerned||City/Municipal Officials (mayor, vice mayor, councilors)|
|Regional Election Director for ARMM||
|ARMM Provincial Election Supervisor concerned||
The Regional Election Directors shall ensure that COMELEC personnel under their supervision have faithfully performed their duties and functions as provided in Section 4 of this Resolution.
Section 3. Supervision and Control. - In addition to its policymaking powers and functions, the Ad Hoc Campaign Finance Steering Committee (“Committee”), as constituted by the Commission’s En Banc Minute Resolution No. 11-0538 dated 17 May 2011, shall supervise and oversee the implementation of these general instructions by the Campaign Finance Unit and the Commission’s field officers.
Section 4. Duties and functions of the members of the Campaign Finance Unit and field officers. - In addition to Section 1 of Rule 2 of the Campaign Finance Rules, the members of the Unit and the field officers shall also have the following duties and functions:
- Send a written reminder within five (5) days after the day of the elections to all candidates, political parties, and party-list organizations within their areas of responsibility as delineated in Section 2 of this Resolution, informing them of their obligation to submit in triplicate all their campaign finance disclosure statements as required by law and in accordance with the Campaign Finance Rules. (Reminder template attached to this Resolution as Annex “A”)
- Conduct price surveys in their respective areas, which will serve as bases to determine the prevailing rates of products, services, lease of property commonly used or availed of in the conduct of various campaigning activities, such as but not limited to:
- Printing of tarpaulins and posters (price per square feet)
- Lease of event venues for public announcement system, mobile generators, lighting, tents, and other stage equipment
- Use of mobile advertising/announcement service (recorrida)
- Rental or hire of land transportation, water of aircraft
- Other products, services, and forms of entertainment commonly availed of in campaign activities
- Monitor political rallies, public meetings, and other similar gatherings for possible violations of election laws and observe the conduct thereof for possible violations of election laws and observe the conduct thereof as bases to determine the veracity of the candidates' or parties' declarations in their Statements of Expenses on Public Rally;
- Monitor and report to the Unit any activity, act or omission which have been prohibited and declared unlawful by law, including those identified listed in Resolution No. 9385 or any future Resolutions which the Commission may promulgate in relation to an election;
- Coordinate with personnel of deputized agencies of the Commission, accredited citizens’ arms, and civil society partners and request for their assistance, when necessary, to exercise the powers and perform the functions specified herein and in all other issuances of this Commission pertaining to campaign finance;
- Issue notices to remove campaign materials to candidates and/or parties whose campaign materials are posted in public places or places not authorized as common poster areas;
- Receive statements, reports, notices and other disclosure documents pertaining to campaign finance and ensure that the said submissions conform to the requirements set in the Campaign Finance Rules;
- Issue certificates of compliance to candidates, political parties, and party-list organizations that submitted their campaign finance disclosure statements and reports pursuant to the Memorandum of Agreement between the Commission and the Department of the Interior and Local Government on the implementation of Section 14 of Republic Act No. 7166;
- Perform other functions as ordered by the Commission throught the Committee.
Section 5. Campaign Period. - For purposes of the 13 May 2013 National, Local and ARMM Elections, the campaign periods of the various elective offices are as follows:
|Candidates for Senator & Party-List groups participating in the party-list system of representation||12 February 2013 (Tuesday)||11 May 2013 (Saturday)|
|Candidates for Members of the House of Representatives, regional, provincial, city and municipal officals||29 March 2013 (Friday)||11 May 2013 (Saturday)|
Section 6. Monitoring Activities During the Campaign Period. - At the start of the campaign period, field officers shall conduct the following monitoring activities:
- Monitoring of Public Rallies and Meetings. – Upon receipt of information or notice of a public rally or meeting, the field officer, with the assistance of civil society groups and accredited citizens’ arms if available, shall conduct an ocular inspection of the premises where the rally or meeting is to be held during the rally/meeting proper. During the said ocular inspection, the field officer or monitor assigned to the event shall accomplish under oath the Monitoring Checklist form attached to this Resolution as Annex “C“. Field officers, with the assistance of accredited citizens’ arms and civil society partners, shall endeavor to monitor every public rally or meeting held within their respective localities. Monitoring checklists that are not duly accomplished under oath shall not be used as basis for any action by the Commission.
- Continuous monitoring and compliance check of campaign materials within their areas of responsibility. – The field officer shall take note of the various election propaganda posted by candidates and parties and where these materials are posted to determine compliance with the Fair Election Act/Republic Act No. 9006. Should there be any election propaganda posted outside of the designated common poster areas, in the prohibited public places or on private property without the consent of the property owner, the field officer shall issue a notice to remove the said campaign materials, using Annex “D” as the template. To facilitate this process, accredited citizens’ arms and civil society partners may assist in the monitoring and report non-compliant election propaganda to the field officer concerned. Should the candidate or party fail to comply with the notice of removal within three (3) days from receipt thereof, the field officer shall note the quantity and description of the election propaganda and include the said information in their report to the Unit.
In relation to the monitoring activity as described under (a), field officers shall submit to the Unit the accomplished and duly sworn monitoring checklists, together with the Statement of Expenses on Public Rally of the candidate or party whose event was the subject of the monitoring checklists, within ten (10) working days after the holding of the public rally or meeting.
In relation to the monitoring activity as described in (b), field officers must submit to the Unit their reports on candidates and parties who failed to remove their election propaganda despite notice, together with the quantity and description of the election propaganda, within ten (10) working days after confirming that the election propaganda has not been removed within the three (3) day period given to the candidate or party to do so.
Secton 7. Unlawful Acts, Omissions and Activities Related to Campaign Finance and the Fair Election Act. - The following acts or omissions are deemed unlawful and punishable as election offenses and any occurrence thereof must be immediately reported to the Unit in the timeliest and fastest means possible:
|Unlawful Acts or Omissions||Who can be liable||When deemed unlawful|
|(a)||Directly or indirectly aiding any candidate or political party, taking part in or influencing in any manner any election, or contributing or making any expenditure in connection with any election campaign or partisan political activity. [OEC, Sec. 81 in relation to Sec. 262]||Any foreigner, whether judicial or natural person||Anytime|
|(b)||Failing to notify the election officer concerned of any public rally that a party or candidate intents to organize and hold in the city or municipality and to submit within seven (7) working days a statement of expenses incurred in connection with the said public rally. [OEC, Sec. 88 in relation to Sec. 262]||Any party or candidate||During campaign period and within seven (7) working days after the conduct of the public rally|
|(c)||Giving or accepting free of charge, whether directly or indirectly, transportation, food, drinks or things of value; and giving or contributing, whether directly or indirectly, money or things of value for such purpose. [OEC, Sec. 89 in relation to Sec. 262]||Any candidate, party, organization or any person||During the five (5) hours before and after a public meeting, on the day before the election, on election day|
|(d)||Giving and receiving, whether directly or indirectly, contributions for purposes of political partisan activity by persons specified under Section 95 of the OEC, in relation to Sec. 262 thereof.||Both the contributor/ donor & recipient/ donee||Anytime|
|(e)||Soliciting and receiving, whether directly or indirectly, any aid or contribution of whatever form or nature from foreign sources from any foreign national, government or entity for purposes of influencing the results of the election. [OEC, Sec. 96 in relation to Sec. 262]||Any person, including political parties, public or private entities||Anytime|
|(f)||Holding of dances, 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 any candidate. [OEC, Sec. 97 in relation to Sec. 262]||Any Person||From start of the election period up to and including election day|
|(g)||Directly or indirectly soliciting and/or accepting from any candidate for public officer, or from his/her campaign manager, agent or representative, or any person acting in their behalf, any gift, food, transportation, contribution or donation in cash or in kind, subject to certain exceptions under Section 97 of the OEC, in relation to Sec. 262 thereof.||Any person or organization, whether civic or religious||From start of the election period up to and including election day|
|(h)||Making of any contribution under another name other than the contributor’s own name or receiving a contribution and entering or recording the same in any name other than that of the person by whom it was made. [OEC, Sec. 98 in relation to Sec. 262]||Contributor and/ or recipient candidate or party treasurer||Anytime|
|(i)||Failing to file a report under oath of contributions within thirty (30) days after the day of the elections, stating the amount of each contribution, the name of the candidate, agent of the candidate or party receiving the contribution and the date of the contribution. [OEC, Sec. 99 in relation to Sec. 262]||Any person giving contributions to any candidate, party treasurer or authorized representative of candidate/party||After the lapse of thirty (30) days from the day of the elections|
|(j)||Exceeding the aggregate amount that may be spent for election campaigns according to the rates provided by Section 13 of Republic Act No. 7166, and made unlawful by Sections 100 and 101 in relation to Sec. 262 of the OEC.||Candidates and parties||When expenditure limit is exceeded|
|(k)||Making any expenditure, whether directly or indirectly, for purposes other than those provided under Section 102 of the OEC.||Candidate or party treasurer||During campaign period|
|(l)||Making any expenditure in support of or in opposition to any candidate or party without written authority to do so by the candidate or party, a copy of which shall be furnished the Commission. [OEC, Sec. 103 in relation to Sec. 262||Any person||During campaign period|
|(m)||Giving, directly or indirectly, any donation, contribution or gift in cash or in kind, undertaking or contributing to the construction or repair of roads, bridges, school houses, 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, with certain exceptions under Section 104 of the OEC.||Candidates, his or her spouse or any relative within the second civil degree of consanguinity or affinity, or his/her campaign manager, agent or representative||During campaign period, on the day before election, and on election day|
|(n)||Use of public funds, money deposited in trust, equipment, facilities owned or controlled by the government for any election campaign or for any partisan political activity as enumerated and specified in Sec. 261 (o) of the OEC.||Any person||Anytime|
|(o)||Release, disbursement or expenditure of public funds by any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries for any and all kinds of public works, subject to certain exemptions as provided by Sec. 261 (v) of the OEC, as implemented by Resolution No. 9585.||Any public official or employee (including those of GOCCs & their subsidiaries), barangay officials||Forty-five (45) days before a regular election or thirty (30) days before a special election|
|(p)||Undertaking to construct or the construction of public works, delivery of materials for public works or issuance of treasury warrants or any device undertaking future delivery of money, goods or other things of value chargeable against public funds, which are unlawful acts punishable as election offenses under Sec. 261(w) of the OEC, but subject to certain exemptions provided under Section 261 (v) thereof, as implemented by Resolution No. 9585.||Any person||Forty-five (45) days before a regular election or thirty (30) days before a special election|
Section 8. Initiation of Complaint. - Complaints for election offenses such as those listed above may be initiated motu proprio by the Commission through the Committee, or upon written complaint by any citizen of the Philippines, candidate, registered political party, coalition of political parties or organizations under the party-list system or any accredited citizens’ arms of the Commission.
Section 9. Motu Proprio Complaints. - In cases where field officers or Unit members personally witnessed the commission of election offenses, they shall report the same through the execution of a complaint affidavit and submit the said affidavit to the Unit. If there is strong evidence to support a finding that an election offense has been committed, the Unit shall submit its findings, reports, and other documentary evidence to the Committee. Should the Committee agree with the findings of the Unit, it shall refer the same to the Investigation and Prosecution Division of the Law Department for preliminary investigation and prosecution. [Complaint-Affidavit template attached to this Resolution as Annex “E“]
Section 10. Form of Complaint and Where to File. - When not initiated motu proprio by the Commission, the complaint must be verified and supported by affidavits and/or any other evidence. Complaints may be filed with the Law Department, with the offices of the Provincial Election Supervisor or the Regional Election Director assigned to the area where the election offense was committed, or with the COMELEC-DOJ Special Task Force as created by Resolution No. 9584.[Complaint-Affidavit template attached to this Resolution as Annex “E“]
Section 11. Evidence to Support Complaint. - In addition to the sworn affidavits of witnesses and other traditional forms of documentary evidence, this Commission shall also accept photographicand video evidence, subject to the following conditions:
- Still photographs taken with the use of a traditional film camera or a digital camera must be printed and attached to the complaint; Provided, that such photographs must be identified, explained and authenticated by the person who took the same through the execution of a sworn affidavit attesting to the circumstances under which he or she has taken the photographs. [Sworn Affidavit template is attached to this Resolution as Annex “F“]
- For video recordings, the same must likewise be identified, explained and authenticated by the person who made the recording through the execution of a sworn affidavit to that effect. [Sworn Affidavit template is attached to this Resolution as Annex “F“]
The electronic file copies of the photographs or video recordings must be stored in a portable storage medium such as a compact disc and submitted together with the complaint.
Section 12. Investigation amd Prosecution Procedure to be Adopted. - Whether initiated through a verified complaint or motu proprio, the Rule on Prosecution of Election Offenses or Rule 34 of the COMELEC Rules of Procedure shall apply.
Section 13. Deadline for Submission of Statement of Election Contributions and Expenditures. - For purposes of the 13 May 2013 National and Local Elections, the deadline for the submission of Statements of Contributions and Expenditures and its Annexes is hereby set on 13 June 2013, Thursday, at 5:00 p.m.
Section 14. Procedure for Receiving of Campaign Finance Submissions. - Field officers are required to keep a receiving logbook, where the following information is to be recorded:
- Name of the person filing the campaign finance statements and reports ("filer");
- Relationship of the filer to the candidate or party;
- Contact information of the filer;
- Name of candidate or party;
- Date and time of receipt; and
- Listing of documents received.
At 5:01 p.m. of 13 June 2013, Thursday, the receiving logbook shall be closed and signed by the field officers concerned. Field officers are not authorized to receive any campaign finance submissions from candidates and/or parties after the set deadline. All late submissions must be made directly to the Unit at the COMELEC Main Office, Intramuros, Manila.
The COMELEC field officer in charge of receiving the statements shall retain one (1) copy. Of the remaining two (2) copies one shall be forwarded to the Unit together with the receiving logbook and the other to the Election Records and Statistics Department (ERSD). These two (2) copies and the receiving logbook must be sent by the field officers on or before 5:00 p.m. of 21 June 2013, Friday.
Section 15. Issuance of Certification of Compliance. - Upon the submission of the Statement of Contributions and Expenditures and its Annexes, the candidate/party treasurer who filed the same may request for the issuance of a certification attesting to the receipt of the said documents by the receiving officer. The COMELEC field officer issuing the Certificate of Compliance shall use Annex B-1 or B-2, depending on the requesting party. Before releasing the Certificate of Compliance to the requesting party, the field officer shall reproduce one copy which will serve as the receiving copy, wherein he/she must note the name of the requesting party, the date and time when the requesting party had received the Certificate of Compliance. The requesting party must then affix his/her signature on the receiving copy of the Certificate to acknowledge that he/she had received the original copy thereof.
Should the election results already be available at the time the campaign finance disclosure statements and reports were being filed, the COMELEC field officer shall automatically issue a Certificate of Compliance to the winning candidates and their political parties upon their submission of the same, following the same procedure for releasing the Certificates of Compliance as described in the previous paragraph of this Section.
The issuance of the Certificates of Compliance shall be free of charge for the first original copy. Field officers are hereby authorized to charge a certification fee of One Hundred Pesos (PhP 100.00) per additional copy.
Section 16. Initial Compliance Check by the Unit of all Statements, reports, Schedules and other Disclosure Statements. - Upon receipt of the campaign finance disclosure statements and reports, the Unit shall check the submissions vis-à-vis the certified list of candidates, political parties, and party-list organizations that participated in the 2013 elections. After identifying those candidates and parties that failed to file their statements, the Unit shall:
- Submit to the Committee the list of non-compliant candidates, political parties, and party-list organizations;
- Issue show cause orders to the said non-compliant candidates and parties requiring them to explain why they failed to submit their campaign finance disclosure statements;
- Recommend to the Committee the imposition of administrative fines and/or the filing of disqualification cases on non-compliant candidates and parties;
- Digitize all submitted disclosure statements and generate electronic copies thereof, which may be made available to the public through the COMELEC website.
- Provide electronic copies of all campaign finance disclosure reports and statements to the Bureau of Internal Revenue, the Anti-Money Laundering Council, the Office of the Ombudsman, and Commission on Audit.
Section 17. Provision of Copies of Advertising Contracts or Broadcast Orders by EID to the Unit. - The Education and Information Department (EID) shall provide copies of the advertising contracts and/or broadcast orders received by it from mass media entities to the Unit within ten (10) days from the day of the election.
Section 18. Analysis of the Campaign Finance Disclosure Statements. - After the initial compliance check, the Unit shall analyze and determine the veracity of the contents of the various campaign finance disclosure reports and statements submitted to it as compared with other documents available to the Commission, such as the advertising contracts and/or broadcast orders and logs submitted to the EID by mass media entities. Depending on the results of the preliminary analysis, the Unit shall:
- Recommend to the Committee the conduct of preliminary investigation on contractors, business firms, and contributors who failed to submit the required disclosure reports;
- Recommend to the Committee the issuance of letters of authority to conduct field inspections of the records of expenditures and contributions of candidates and/or parties whose disclosure statements contain discrepancies;
- Request the assistance of accredited citizens’ arms, civil society partners, and deputized law enforcement agencies to determine the veracity of the contents of the campaign finance disclosure statements.
Section 19. Enforcement of Resolution No. 9585, otherwise known as the Rules and Regulations Governing Ban on Public Works and Release, Disbursement and Expenditures of Public Funds, Construction of Public Works, Delivery of Materials for Public Works and Issuance of Treasury Warrants and Similar Devices in Connection with the 13 May 2013 Automated Synchronized National, Local and ARMM Elections. - The Unit, in coordination with the COMELEC field officers, shall receive and compile the lists of authorized public works projects to be submitted by the Secretary of Public Works and Highways, provincial governors, city/municipal mayors and punong barangays in relation to national, provincial, city/municipal and barangay public works – as mandated by Section 3 of Resolution No. 9585. As the custodian of the said lists, the Unit is hereby authorized to issue Certificates of Exception to parties who may request for them, upon payment of a certification fee of Five Hundred Pesos (PhP 500.00). Before releasing the Certificate of Exception to the requesting party, the certifying officer shall reproduce one copy which will serve as the receiving copy, wherein he/she must note the name of the requesting party, the official receipt number and date the certification fee was paid, and the date when the requesting party had received the Certificate of Exception. The requesting party must then affix his/her signature on the receiving copy of the Certificate to acknowledge that he/she had received the original copy thereof.
Section 20. Deputation of the Commission on Audit (COA) and Bureau of Internal Revenue (BIR) to conduct field audit/inspection. - Pursuant to the Commission’s visitorial power to inspect the records of contributions and expenditures together with all pertinent documents of candidates and parties, the Commission hereby deputizes the COA and the BIR to assist the Committee in the exercise of this power. Before conducting a visit to the office of the candidate or party concerned, a letter of authority must be issued by the Committee informing the candidate or party of the Commission’s intent to inspect their records and who will be conducting the inspection.
Section 21. Deputation of Law Enforcement Agencies to Assist in the Implementation of these General Instructions. - Pursuant to the deputation of the Department of the Interior and Local Government, the National Police Commission, the Philippine National Police and other Law Enforcement Agencies as embodied in Resolution No. 9571 promulgated by the Commission on 06 December 2012, the said agencies are likewise directed to assist in the implementation of these General Instructions.
Section 22. Deputation of the Anti-Money Laundering Council. - In anticipation of the increased economic activity that usually occur during every election, the Anti-Money Laundering Council is hereby deputized to monitor and ensure that proceeds from unlawful activities as enumerated in Section 3 (i) of Republic Act No. 9160 , as amended by Republic Act No. 9194, are not used to commit money laundering as defined in Section 4 of the same law, in the guise of campaign contributions and expenditures during the campaign period.
Section 23. Separability Clause. - If any part of this Resolution is declared unconstitutional, the remaining part of not affected thereby shall remain valid and effective.
Section 24. Effectivity. - This Resolution shall be published in two (2) daily newspapers of general circulation and shall take effect on the seventh (7th) day following its publication:
Section 25. Dissemination. - The Education and Information Department of this Commission is directed to cause the publication of this Resolution and disseminate the same to all COMELEC field offices. The Clerk of the Commission shall furnish copies of this Resolution to the:
- Office of the President
- Department of the Interior and Local Government
- Department of Public Works and Highway
- Department of Justice
- Department of Social Welfare and Development
- Department of Budget and Management
- Commission on Audit
- Bureau of Internal Revenue
- Anti-Money Laundering Council
|(Sgd.) SIXTO S. BRILLANTES, JR.
(Sgd.) RENE V. SARMIENTO
(Sgd.) LUCENITO N. TAGLE
(Sgd.)ARMANDO C. VELASCO
(Sgd.) ELIAS R. YUSOPH
(Sgd.)CHRISTIAN ROBERT S. LIM
(Sgd.) MARIA GRACIA CIELO M. PADACA
Download PDF Version [.pdf] [737 KB]
Annex A [.pdf] [37 KB]
Annex B1 [.pdf] [45 KB]
Annex B2 [.pdf] [45 KB]
Annex C [.pdf] [87 KB]
Annex D [.pdf] [47 KB]
Annex E [.pdf] [34 KB]
Annex F [.pdf] [43 KB]