Omnibus Rules on Campaign Finance

SECTION 1. Renaming of the Campaign Finance Unit to the Campaign Finance Office; Powers, Duties and Functions. - The Campaign Finance Unit created by Rule 2, Section 1 of Resolution No. 9476 and reorganized in Resolution No. 9854 is hereby renamed as the Campaign Finance Office (hereinafter referred to as "CFO" or "Office"). It shall serve as the primary office responsible for implementing all existing campaign finance laws, rules and regulations. It shall also be responsible for implementing all subsequent legislative acts related to campaign finance enacted by Congress, as implemented or administered through issuances promulgated by the Commission En Banc. In particular, the Office has the following powers, duties and functions:

1. Monitor fund raising and spending activities of candidates and parties;
2. Receive and keep all campaign finance submissions of candidates and parties,and all other disclosure statements and reports made by contributors, election contractors and business firms, as well as reports of advertising contracts from mass media entities;
3. Compile and analyze the reports and statements as soon as they are received and make an initial determination of compliance;
4. Develop and manage a recording system for all reports, statements, and contracts received by it and to digitize information contained therein;
5. Publish the digitized information gathered from the reports, statements and contracts and make them available online, in a format that is searchable, accessible and useful to the public;
6. Develop a reportorial and monitoring system;
7. Audit all reports, statements and contracts and determine compliance by the candidates, parties, contributors, and election contractors, including the inspection of books and records of candidates, parties and mass media entities and issue subpoenas in relation thereto and submit its findings to the Commission En Banc;
8. Coordinate with and/or assist other departments/offices of the Commission receiving related reports on Campaign Finance including prosecution of violators and imposition and collection of administrative fines;
9. Initiate before the Law Department, cases for violations of Article XI (Election Contributions & Expenditures) provisions of the Omnibus Election Code that are included as election offenses in Section 262 thereof;
10. Inquire into the financial records of candidates and any organization or group of persons, after due notice and hearing; [EO 292, Book V, Sec. 3 (2)]
11. Perform other functions as ordered by the Commission. [n]

Section 2. Supervision and Control of the CFO; Designation of a Commissioner-in-charge. - The Campaign Finance Office shall be under the direct supervision and control of the Commission En Banc, who may delegate these functions through the designation of a Commissioner-in-charge (CIC) for the CFO.

Section 3. Campaign Finance Director; Powers, Duties and Functions. - The Head of the Campaign Finance Unit is hereby renamed to Campaign Finance Director, who shall be designated by the Commission En Banc. In addition to the powers, duties and functions specified under Section 1 hereof, the Director shall:

1. Manage the day-to-day operations of the Campaign Finance Office;
2. Select, evaluate and recommend applicants for employment of staff or employees of the CFO, subject to existing personnel procedures and policies of the Commission;
3. Supervise the personnel specifically hired to perform campaign finance work including those on special detail to the Office;
4. Oversee the campaign finance audit of the submissions made by candidates, parties, contributors, election contractors and business firms, mass media entities, and those with disclosure obligations as provided in these Rules;
5. Report to the Commissioner-in-Charge on a regular basis and upon the latter's request;
6. Initiate, before the Office of the Clerk of the Commission, the following actions or cases:
   1. Petitions for perpetual disqualification against candidates and parties who have repeatedly failed to comply with the requirement to file their Statements of Contributions and Expenditures as provided in Section 14 of Republic Act No. 7166;
   2. Petitions for disqualification on the grounds provided in Section 68 of the Omnibus Election Code;
   3. Special proceedings cases (SPP) to cancel the registration or accreditation of political parties and party-list organizations who do not comply with their campaign finance obligations; and
   4. Other actions or cases that fall within the original jurisdiction of the Commission.
7. Initiate, before the Law Department, cases for violations of Article XI (Electoral Contributions and Expenditures) provisions of the Omnibus Election Code that are included as election offenses in Section 262 thereof;
8. Enlist the aid or assistance of civil society organizations and other government agencies to audit the campaign finance submissions and other disclosure statements/reports and/or verify the declarations made in these submissions;
9. Issue letters of authority to auditors to conduct field inspection of the books and records of candidates and parties with a copy of such letter furnished to the concerned candidate or party subject of the field inspection;
10. Endorse to the appropriate government agencies cases for violations of laws outside the jurisdiction of the Commission on Elections;
11. Recommend to the Commission En Banc, through the Commissioner-in-Charge, policies or programs to improve the implementation of campaign finance laws by the Commission;
12. Perform other functions as ordered by the Commission En Banc.

Section 4. Role of COMELEC Field Officers.- In addition to the regular duties and functions of the Commission's field officers, the Commission's field officers shall have the following duties and functions related to campaign finance:

1. Send a written notice 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, reminding them of their obligation to submit all their campaign finance disclosure statements as required by law and in the prescribed form as provided in these Rules. (Reminder template attached as Form TWR).
2. Require all business enterprises within their respective areas to submit price quotations, which will serve as bases [sic] 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:
   1. Printing of tarpaulins and posters (price per square feet)
   2. Lease of event venues for public rallies and other similar events (rental fee per hour)
   3. Lease of sound/public announcement system, mobile generators, lighting, tents, and other stage equipment
   4. Use of mobile advertising/announcement service (recorrida)
   5. Rental or hire of land transportation, water or aircraft
   6. Other products, services, and forms of entertainment commonly availed of in campaign activities.
3. Monitor political rallies, public meetings, and other similar gatherings and gather information/data as basis to determine the veracity of the candidates' or parties' declarations in their Statements of Expenses on Public Rally (Form SER);
4. Monitor and report to the Office any activity, act or omission which have been prohibited and declared unlawful by law, particularly those listed in Rule 3, Section 1, without prejudice toany Resolutions the Commission may promulgate with respect to campaign finance;
5. 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;
6. 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 and record these submissions in the Receiving Logsheet using the template Form TRL;
7. Issue Certificates of Formal Compliance to winning candidates who 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 RA 7166; (Form TFC)
8. Perform other functions as ordered by the CIC and/or the Commission En Banc.