campaign finance legal framework pap launch
TRANSCRIPT
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8/14/2019 Campaign Finance Legal Framework PAP Launch
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Campaign Finance in thePhilippines:
Legal Framework
Perat Pulitika
Libertas
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Campaign Finance Laws
The Constitution
The Omnibus Election Code [BP 881]
Republic Act No. 6646 Republic Act No. 7166
Republic Act No. 9006
Pertinent COMELEC Resolutions
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What does the Constitution say?
Equal Access to Opportunities for PublicService [Art. II, Sec. 26, Phil. Const.]
Accountability of Public Officers [Art. XISec. 1 Phil. Const.]
Preserving National Sovereignty andIndependence [Art. IX-C, Sec. 2(5), Phil.Const.)
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ElectionDonations or Contributions
Election Donations or CampaignContributions are those made ...for the
purpose of influencing the results of the
elections [Sec. 94 (a), OEC]
Donations for Campaigns are generally
allowed except if sourced from certainindividuals and entities.
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Donation/Contribution
Donations from the following areprohibited:
Public or private financial institutions,
Public utilities and those exploiting anynatural resources of the nation;
Those who hold contracts or sub-contracts with government
Those who have been grantedfranchises, or similar privileges orconcessions by the government;
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ProhibitedDonation/Contribution
Those who, within one year prior to thedate of the election, have been grantedloans in excess of P100,000 by thegovernment;
Educational institutions which havereceived grants of public fundsamounting to no less than P100,000.00;
Officials or employees in the Civil
Service, or members of the Armed Forcesof the Philippines; and
Foreigners and foreign corporations.[Sec. 95, 81, 96 OEC]
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CANDIDATES cannot solicit fromthe above
NO LIMIT ON HOW MUCH APERSON OR CORPORATION CANDONATE OR CONTRIBUTE TO ACANDIDATE
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Election Expenditures
payment or delivery of money oranything of value, or
a contract, promise or agreement to
make an expenditure, use of facilities personally owned by the
candidate, the money value of the useof which can be assessed based on the
rates prevailing in the area.
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Expenditure Limits(per registered voter in a
constituency) Php 3.00 individual candidate
supported by political party
Php 5.00 individual candidate notsupported or nominated by politicalparty
Php 5.00 Political Parties Php 10.00 Candidates for President or
Vice President.
[Sec. 13, RA 7166]Luie Tito F. Guia, Libertas 9
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Items included in computing theexpenses for determining
compliance with limits
Expenditure in cash and in kind
Use of equipments, facilities andother paraphernalia owned bycandidate, and contributor, the value
of which would be assessed by theCOMELEC.
[Section 100, 101, 102, OEC]
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Items NOT included in thecomputation:
copying and classifying list ofvoters, investigating andchallenging right to vote; or
printing sample ballots. [Sec.102, OEC]
employment of counsel;
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Prohibited Expense
Vote Buying [Sec. 261[a] OEC] Donation by Candidates during campaign
period up to election day, except tithes andhabitual contributions to scholarships
Giving transportation, food or drinks orthings of value during public meeting, daybefore election, and on election the day of
the election [Sec. 89, OEC] Bribery
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Soliciting Donations fromCandidates Prohibited!
For gifts, food, transportation,contribution or donation in cash or in
kind from the commencement of theelection period up to andincluding election day. [Sec. 97,
OEC] Vote Selling is also punished. [Sec.
261 (b) OEC]
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Use of Public Funds/StateResources
for any election campaign PROHIBITED - 45 daysbefore up to 30 days after election
Usually committed by Incumbents
Public Money
Printing press, radio, or television station or audio-visualequipment
Equipment, vehicle, facility, apparatus, or paraphernalia
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Release, Disbursement andExpenditure of Public Funds
PROHIBITED - 45 days before up to 30 days afterelection on public works, except:
Maintenance of existing and/or completed publicwork projects;
Works undertaken by contract through publicbidding held, or by negotiated contractawarded,45 days before election;
Payment for procedures done preparatory toactual construction and wages of watchmen;
Emergency Works because of public calamity.
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Also Unlawful to release public fundsfor:
Department of Social Welfare andDevelopment and the like, except
for salaries and routine expenses.Housing agencies, except salaries
and administrative expenses.
[Sec. 261 (v) OEC].
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Documentation Requirements
Candidates and Treasurers must keep full anddetailed records
Candidates and Treasurers to preserve therecords for at least three years [Sec. 106, OEC]
Written authority to incur expenses, includingcontracts, vouchers, invoices and other recordsand documents relative to said expenditures,to be kept and preserved for 3 years. [Sec. 112OEC]
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Reporting Requirements
Candidates to report itemized statement ofcontributions and expenditures within 30 days afterelections [Sec 14 RA 7166]
Donors to report their donation within the sameperiod of 30 days [Secs 98, 99, OEC]
Contractors and Firms to whom electionexpenditure is incurred to submit a report of allthose who paid him within 30 days [Sec. 112 OEC]
Contracts for Advertising to be submitted to
COMELEC within five (5) days after its signing. [Sec6.3 RA 9006]
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Reporting Requirements
Written acceptance of Donation to beattached to the advertising contract andshall be submitted to the COMELEC within
5 days from signing [Sec. 4.3, RA 9006] Political Parties and Candidates are
mandated to submit to the electionregistrar a statement of expenses incurred
in rallies [SECTION 88, OEC]
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Enforcement
Duty of COMELEC to examine allstatements of contributions andexpenditures of candidates and politicalparties to determine compliance [Sec 110OEC]
COMELEC to Prosecute Criminal Offenses
COMELEC to Disqualify Candidates under
Section 68 of the Omnibus Election Code
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State of Campaign Finance in thePhilippines
Not given enough importance, unlikevoting and counting procedures.
Rules are largely ignored
Laws are comprehensive but outdated.
Insufficient Enforcement Capability andMechanism
Official Reports Difficult to Obtain.
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What Can Be Done? Sustained Advocacy for Public Awareness of
Campaign Finance Issues Effective and Vigilant Civil Society
Monitoring of Campaign Finance Practicesand Enforcement.
Media Focus on Campaign Finance Reforms
Rationalizing and updating existing campaignfinance laws like expenditure limits
Mandatory Publication of Reports
Strengthen COMELECs enforcement capability
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MARAMING
SALAMAT PO!
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