Omnibus Rules on Campaign Finance

Rule 5: Contributions and Raising of Funds

Section 1. Report of Contributions. - Every person giving a contribution, whether in cash or in kind, to any candidate, political party or party-list group or their duly authorized representatives, shall file with the nearest COMELEC Field Office a Report of Contributions, in duplicate, within thirty (30) days following the day of the election. [OEC, Sec. 99]

The candidate, political party, or party-list group who received the contributions, whether in cash or in kind, may file the Reports of Contributions together with their campaign finance submissions on behalf of their donors or contributors.

Failure of contributors or donors to comply with this Section shall constitute an election offense under Section 99 in relation to Section 262 of the Omnibus Election Code.

Section 2. Form and Contents; Where to File. - The Report of Contributions shall be under oath and in accordance with the form prescribed by the Commission. (Form ROC) [OEC, Sec. 99]

  1. The Report of Contributions must contain the following information:
    1. The contributor or donor's personal details, such as:
      1. True and complete name; [OEC, Sec. 98]
      2. Home or office address;
      3. Taxpayer Identification Number or TIN;
      4. E-mail address; and
      5. Telephone and/or mobile number.
    2. The date when the contribution was received;
    3. The serial number of the official receipt issued by the candidate or party treasurer or their duly authorized representative;
    4. Nature of the contribution (in cash or in kind), provided that for contributions in kind, the goods or service donated must be specified (e.g. posters, TV airtime, free use of venue, free use of office space, etc.);
    5. Name of the candidate or party for whose benefit the contribution was given;
    6. The cash amount or market value of the contribution.

The Report of Contributions must be signed by the contributor or donor and executed under oath, and must have a copy of the contribution receipt attached to it. Of the two (2) required copies submitted, one will serve as the contributor's duly received copy (with the receiving office's date & time stamp) of their Reports of Contributions as part of their personal financial records.

Contributors or donors, or the candidates or parties submitting the Reports of Contributions on their behalf, may file their Reports of Contributions at the nearest COMELEC Field Office.

An incomplete report, or a report that does not contain all the required information, or does not conform to the prescribed form, shall be considered as not filed and shall subject the contributor to the penalties prescribed by law.

Section 3. Authority to Receive Contributions or Donations. - Candidates and party treasurers may designate their representatives to receive contributions or donations on their behalf, as long as the same is reported to the COMELEC. Candidates and party treasurers who shall do so must submit a written authority to receive contributions to the nearest COMELEC Field Office. (Form ARC)

However, in cases where laws specifically require the written acceptance of the candidate or party, the same cannot be delegated to their representative. For instance, in the case of advertising contracts, Section 6.3 of RA 9006 requires that: "[i]n every case, [advertising contracts] shall be signed by the donor, the candidate concerned or by the duly authorized representative of the political party."

Section 4. Exemption From Donor's Tax. - Any contribution in cash or in kind to any candidate or party for campaign purposes, duly reported to the Commission, shall not be subject to the payment of donors' tax. [RA 7166, Sec. 13, Par. 4]

Section 5. Unexpended Balance Subject to Income Tax. - Any unexpended balance from any contribution to candidate or party, also known as excess contributions, shall be subject to income tax. [BIR Revenue Regulation No. 7-2011]



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