Report No. 255

(vi) Philippines

Expenses

2.26.28. The Philippines Omnibus Election Code of 1985 regulates the expenditure by parties and candidates. Section 1 of the Code sets the ceiling for political parties at 5 pesos per voter in each constituency where the party is fielding a candidate. Further candidate expenditure is also limited, with presidential and vice-presidential candidates being permitted to spend 10 pesos per registered voter; and for other candidates, the limit is 3 pesos, with an additional 5 pesos per voter for independent candidates.90

90. IDEA, Political Finance Data for Philippines,
<http://www.idea.int/politicalfinance/country.cfm?id=177>;
Article 13, Section 7 Republic of the Philippines, Commission On Elections. Manila Resolution No. 9087; and Article 13, Republic Act No. 7166.

Contribution

2.26.29. Political parties or candidates cannot accept donations from corporates; foreign interests; anonymous donors and other financial institutions, educational institutions receiving state support and officials/employees of the Civil Service or Armed Forces.91

91. Section 4, Manila Resolution; Sections 94(a), 95, 96 of the Batas Pambansa Bilang 881 Omnibus Election Code Of The Philippines, 1985; Article 36.9, Corporation Code of Philippines.

Disclosure

2.26.30. Section 15 of the Manila Resolution and sections 106-107 of the Omnibus Code requires the candidates or the treasurers of the political parties to submit a statement setting out in detail the amounts of contribution received, the date of receipt, the name and address of the donors and a record of their expenses and obligations. Records of contributions are to be kept for three years, failing which it will be considered prima facie evidence of violation of the provisions of the law. The identity of donors is required to be reported vide section 109 of the Code.

Penalties92

92. IDEA Philippines, supra note 90.

2.26.31. The Commission on Elections is empowered under Section 57.3 of the Omnibus Code of 1985 to inquire into the financial reports of candidates, suo motu or based on written representation by other candidates or voters, and issue due notice and conduct a hearing. The failure to file written statements or reports in connection with electoral donations and expenditures is classified as an administrative offence, with a fine payable of 1,000 pesos to 30,000 pesos under Section 17 of the Manila Resolution.

Failure to pay the fine within 30 days will allow the COMELEC to issue a writ of execution against the properties of the offender. Subsequent offences under the section shall result in fines levied by the Commission ranging from 2,000 pesos to 60,000 pesos, with possible perpetual disqualification to hold office.

2.26.32. Section 111 of the Omnibus Code of 1985 stipulates that, "no person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required." Section 264 sentences a person guilty of an electoral offence under the Code to a term of imprisonment between one to six years, with disqualification from the public offence and the deprivation of the right to vote. Political parties guilty under the Code will have to pay a fine of minimum 10,000 pesos, along with criminal action being instituted against the concerned party official.

2.26.33. Till now, this report has examined the law in India and other parts of the world. This gives us a better understanding of the loopholes of the laws in India and how they can be improved. The next section deals with this.