Unlawful Acts, Omissions and Activities Related to Campaign Finance
SECTION 1. 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 nearest COMELEC Field Office or to the Campaign Finance Office 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 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, Secs. 81 in relation to Secs. 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, Secs. 88 in relation to Secs. 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, Secs. 89 in relation to Secs. 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 Section 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, Secs. 96 in relation to Secs. 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, Secs. 97 in relation to Secs. 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 Secs. 97 of the OEC, in relation to Secs. 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, Secs. 98 in relation to Secs. 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, Section 99 in relation to Section 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 Secs. 13 of RA 7166, and made unlawful by Sections 100 and 101 in relation to Section 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, Section 103 in relation to Secs. 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. |
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 exceptions provided under Sec. 261 (v) thereof. |
Any person |
Forty-five (45) days before a regular election or thirty (30) days before a special election |
Section 2. Prohibited Contributions. - No contribution for purposes of partisan political activity shall be made, directly or indirectly by any of the following:
- 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 private financial institutions legally in the business of lending money, provided that the loan is made in accordance with laws and regulations and in the ordinary course of business;
- Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation;
- Natural and juridical persons who hold contracts or subcontracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works;
- Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations, or similar privileges or concessions by the government or any of its divisions, subdivisions, or instrumentalities, including government-owned or controlled corporations;
- Natural and juridical persons who, within one year prior to the date of the elections, have been granted loans or other accommodations in excess of ?100,000.00 by the government or any of its divisions, subdivisions, or instrumentalities, including government-owned or controlled corporations;
- Educational institutions which have received grants of public funds amounting to no less than ?100,000.00;
- Official and employees in the Civil Service or members of the Armed Forces of the Philippines; and
- Foreigners and foreign corporations. [OEC, Secs. 95]
Failure to comply with this Section constitutes an election offense under Section 95 in relation to Section 262 of the Omnibus Election Code.
In addition, all corporations incorporated under the Corporation Code of the Philippines, found to have given donations in aid of any political party or candidate or for purposes of partisan political activity, shall be reported to the Securities and Exchange Commission (SEC), as a violation of Section 36 (9) in relation to Section 144 of the Corporation Code. [n]
Section 3. Prohibited Solicitations or Receiving of Contributions. - No person or entity, public or private, shall solicit, or receive, directly or indirectly:
- Any contribution for purposes of partisan political activity, from any of the persons or entities enumerated in the immediately preceding section; [OEC, Secs. 95]
- 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 [OEC, Secs. 96]
- Any gift, food, transportation, contribution or donation in cash or in kind from any candidates or their campaign managers, agents or representatives, or persons acting on their behalf within the second degree, of consanguinity or affinity, except normal and customary religious stipends, tithes or collections on Sundays and/or other designated collection days or scholarship.[OEC, Secs. 89]
Failure to comply with this Section constitutes an election offense under Sections 95 and 96 in relation to Section 262 of the Omnibus Election Code.
Section 4. Prohibited forms of raising funds. - It is unlawful for any person to hold 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 from the commencement of the election period up to and including election day. [OEC, Secs. 97]
Failure to comply with this Section constitutes an election offense under Section 97 in relation to Section 262 of the Omnibus Election Code.
Section 5. Prohibited contributions by candidates. - No candidates, their spouses, or any of their relatives within the second civil degree of consanguinity (up to grandparents, grandchildren, brothers and sisters) or affinity (up to grandparents-in-law, or grandchildren-in-law, brothers-in-law and sisters-in-law) or their campaign managers, agents or representatives shall, during the campaign period, on the day before, and on the day of the election, directly or indirectly, make any donation, contribution or gift, in cash or in kind, or undertake or contribute to the construction or repair of roads, bridges, schoolhouses, puericulture centers, medical clinics and hospitals, churches or chapels, cement pavements or any structures for public use or for the use of any religious or civic organizations.
The same prohibition applies to treasurers, agents or representatives of any party. [OEC, Secs. 104]
Failure to comply with this Section constitutes an election offense under Section 104 in relation to Section 262 of the Omnibus Election Code.
Section 6. Normal and customary dues or contributions. - Excluded from the prohibition are normal and customary religious dues or contributions, 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. [OEC, Secs. 104, proviso]