Professional Documents
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Com Res 9616
Com Res 9616
COMMISSION ON ELECTIONS
Intramuros, Manila
9616 /
£
R e s o l u t io n N o .
(a) Send a written reminder 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, informing them of their
obligation to submit in triplicate all their campaign finance
disclosure statements as required by law and in accordance
with the Campaign Finance Rules. (Reminder template
attached to this Resolution as Annex "A")
(d) Monitor and report to the Unit any activity, act or omission
which have been prohibited and declared unlawful by law,
including those identified listed in Resolution No. 93854 or any
future Resolutions which the Commission may promulgate in
relation to an election;
The sam e prohibition shall apply if the political party w h ich nom inated the w inning
candidate fails to file the statem ents or reports in connection w ith electoral contributions and
expenditures as required herein w ithin the period prescribed by this Act.
Except candidates for elective barangay office, failure to file statem ents or reports in
connection w ith electoral contributions and expenditures as required herein shall constitute an
adm inistrative offense for w hich the offenders shall be liable to pay an adm inistrative fine
ranging from one thousand pesos (P 1,000.00) to thirty thousand pesos (P 30,000.00), in the
discretion of the C om m ission.
The fine shall be paid w ithin thirty (30) days from receipt of notice of such failure;
otherw ise, it shall be enforceable by a writ of execution issued by the C om m ission against the
properties o f the offender.
It shall be the duty of every city, or m unicipal election registrar to ad vise in w riting, by
personal delivery or registered mail, w ithin five (5) days from the date o f election all
candidates residing in his jurisdiction to com ply w ith their obligation to file their statem ents
of contributions and expenditures.
For the com m ission of a second or subsequent offense under this Section, the
adm inistrative fine shall be from tw o thousand pesos (P 2,000.00) to sixty thousand pesos (P
60,000.00), in the discretion o f the C om m ission. In addition, the offender shall be subject to
perpetual disqualification to hold public office "
9616
Resolution N o. --------- Page 6 o f 25
General Instructions for the Im plem entation of Resolution N o. 9476 as am ended
C andidates and parties are required to subm it to the election officer concerned statem ents of
expenses incurred in connection w ith the public rallies or m eetings they m ay h old during the
cam paign period. See Rule 4, Section 7 of the C am paign Finance Rules.
*4
. 96 l6
R esolution N o . ________ Page 7 o f 25
General Instructions for the Im plem entation of R esolution N o. 9476 as am ended
election propaganda has not been removed within the three (3) day
period given to the candidate or party to do so.
W hen
W ho can be
U n la w fu l Acts or O m issions deem ed
liable
un law ful
(a) Directly or indirectly aiding any Any foreigner, Anytim e
candidate or political party, taking whether judicial
part in or influencing in any or natural
manner any election, or person
contributing or making any
expenditure in connection w ith any
election cam paign or partisan
political activity. [OEC, Sec. 81 in
relation to Sec. 262]
(b) Failing to notify the election officer Any party or During
concerned of any public rally that a candidate campaign
party or candidate intents to period and
organize and hold in the city or w ithin seven
m unicipality and to subm it within (7) working
seven (7) working days a statement days after
of expenses incurred in connection the conduct
w ith the said public rally. [OEC, of the public
Sec. 88 in relation to Sec. 262] rally
(c) G iving or accepting free of charge, Any candidate, During the
whether directly or indirectly, party, five (5)
transportation, food, drinks or organization or hours before
things of value; and giving or any person and after a
contributing, whether directly or public
indirectly, m oney or things of meeting, on
value for such purpose. [OEC, Sec. the day
89 in relation to Sec. 262] before the
election, on
election day
(d) G iving and receiving, whether Both the Anytime
directly or indirectly, contributions contributor/
for purposes of political partisan donor &
activity by persons specified under recipient/ donee
Section 95 of the OEC, in relation to
Sec. 262 thereof.
' R esolution N o . _____ ____ Page 8 0f 2 5
General Instructions for the Im plem entation of R esolution N o. 9476 as am ended
262]
(j) Exceeding the aggregate amount Candidates and W hen
that m ay be spent for election parties expenditure
cam paigns according to the rates lim it is
provided by Section 13 of Republic exceeded
Act No. 7166, and m ade unlawful
by Sections 100 and 101 in relation
to Section 262 of the OEC.
(k) M aking any expenditure, whether Candidate or During
directly or indirectly, for purposes party treasurer campaign
other than those provided under period
Section 102 of the OEC.
(1) M aking any expenditure in A ny person During
support of or in opposition to any campaign
candidate or party w ithout written period
authority to do so by the candidate
or party, a copy of w hich shall be
furnished the Com m ission. [OEC,
Sec. 103 in relation to Sec. 262]
(m) Giving, directly or indirectly, any Candidates, his During
donation, contribution or gift in or her spouse or campaign
cash or in kind, undertaking or any relative period, on
contributing to the construction or w ithin the the day
repair of roads, bridges, school second civil before
houses, puericulture centers, degree of election, and
m edical clinics and hospitals, consanguinity or on election
churches or chapels, cem ent affinity, or day
pavem ents or any structure for h is/h er
public use or for the use of any campaign
religious or civic organization, w ith manager, agent
certain exceptions under Section or representative
104 of the OEC.
(n) Use of public funds, m oney Any person Anytime
deposited in trust, equipment,
facilities ow ned or controlled by
the governm ent for any election
cam paign or for any partisan
political activity as enumerated
and specified in Section 261 (o) of
the OEC.
(o) Release, disbursem ent or Any public Forty-five
expenditure of public funds by any official or (45) days
public official or em ployee em ployee before a
including barangay officials and (including those regular
those of governm ent-ow ned or of GOCCs & election or
controlled corporations and their their thirty (30)
subsidiaries for any and all kinds | subsidiaries), | days before
z
R esolution N o. Page 10 of 25
General Instructions for the Im plem entation of Resolution N o. 9476 as am ended
8 E n title d "R u l e s a n d R e g u l a t io n s G o v e r n i n g t h e B a n o n P u b l ic W o r k s a n d R e l e a se ,
D is b u r s e m e n t a n d E x p e n d it u r e s o f P u b l ic F u n d s , C o n s t r u c t i o n o f P u b l ic W o r k s ,
D eliver y o f M a t e r ia l s f o r P u b l ic W o r k s a n d Is s u a n c e o f T r e a s u r y W a r r a n t s a n d
S im il a r D e v ic e s i n C o n n e c t i o n w it h t h e 13 M a y 2 0 1 3 A u t o m a t e d S y n c h r o n i z e d
N a t i o n a l , L o c a l a n d A R M M R e g i o n a l E l e c t io n s ." P r o m u lg a te d 1 8 D e c e m b e r 2 0 1 2
J '
Resolution N o . _________ Page 11 of 25
General Instructions for the Im plem entation of Resolution N o. 9476 as am ended
9 Entitled "In the Matter o f Requesting the H onorable Secretary of Justice to A ssign Prosecutors
as M em bers o f a Special Task Form Created by the C om m ission to C onduct the Investigation
and Prosecution o f Election O ffenses in C onnection w ith the 13 M ay 2013 A utom ated
Synchronized N ational, Local and ARMM Regional Elections." Prom ulgated 18 Decem ber
2012 .
A
R esolution N o. Page 12 of 25
General Instructions for the Im plem entation of R esolution N o. 9476 as am ended
h e / she must note the name of the requesting party, the date and time
when the requesting party had received the Certificate of
Compliance. The requesting party must then affix his/her signature
on the receiving copy of the Certificate to acknowledge that he/she
had received the original copy thereof.
with the COMELEC field officers, shall receive and compile the lists
of authorized public works projects to be submitted by the Secretary
of Public Works and Highways, provincial governors, city/municipal
mayors and punong barangays in relation to national, provincial,
city/municipal and barangay public works - as mandated by Section
3 of Resolution No. 9585. As the custodian of the said lists, the Unit is
hereby authorized to issue Certificates of Exception to parties who
may request for them, upon payment of a certification fee of Five
Hundred Pesos (PhP 500.00). Before releasing the Certificate of
Exception to the requesting party, the certifying officer shall
reproduce one copy which will serve as the receiving copy, wherein
h e/ she must note the name of the requesting party, the official
receipt number and date the certification fee was paid, and the date
when the requesting party had received the Certificate of Exception.
The requesting party must then affix his/her signature on the
receiving copy of the Certificate to acknowledge that he/she had
received the original copy thereof.
10 E n title d " D e p u t a t i o n o f t h e D e p a r t m e n t o f t h e I n t e r io r a n d L o c a l G o v e r n m e n t ,
in c l u d in g t h e P h il ip p in e N a t i o n a l P o l ic e , a n d O t h e r L a w E n f o r c e m e n t A g e n c ie s t o
E n s u r e H o n e s t , O r d e r l y , P e a c e f u l a n d C re dibl e C o n d u c t o f t h e M a y 13, 2 0 13
A u t o m a t e d N a t i o n a l a n d L o c a l E l e c t io n s ." P r o m u lg a te d 06 D e c e m b e r 201 2.
R esolution N o. 9 6 l 6 p age 25
General Instructions for the Im plem entation of Resolution N o. 9476 as am ended
SO ORDERED
9616
Resolution N o. _ _ _ _ _ Page 17 of 25
General Instructions for the Im plem entation of Resolution N o. 9476 as am ended
ARMANDO C. VELASCO
Comm issioner
[Sample template of the written reminder for candidates & party treasurers to file their or their
parties' disclosure statements and reports]
Annex "A"
Dear Sir/Madam:
Greetings!
Pursuant to Paragraph 6 of Section 14, Republic Act No. 7166, the undersigned
[RED/PES/EO] is hereby reminding you to comply with your obligation to file
your Statement of Contributions and Expenditures and all its required
attachments with this office on or before Thursday, 13 Tune 2013. Failure to file
the said Statement within the period provided shall subject you to the penalties
provided for under Section 14 of Republic Act No. 7166.
Kindly refer to COMELEC Resolution No. 9476 for the Rules and Regulations
Governing Campaign Finance and Disclosure for instructions on how to file the
disclosure statements. The said Rules contain as annexes the prescribed forms
that should be used in filing your statements and reports. Please note that
incomplete reports and statements that do not contain all the required
information, or those that do not follow the prescribed forms, shall be considered
as not filed and will likewise subject you to the penalties as specified above.
Respectfully yours,
[Name of EO/PES/RED]
[Position]
[Jurisdiction]
R esolution N o. 9 ^ 1 6 J Page 19 of 25
General Ins true tion^ror the Im plem entation of R esolution N o. 9476 as am ended
[Sample template of the Certification to be issued to candidates ivhen they have filed their
disclosure statements and reports]
Annex "B-l"
C e r t if ic a t e o f C o m p l ia n c e
[Signature]
[Name of EO/PES/RED]
[Position]
[Jurisdiction]
[NOTE to EO/PES/RED: Please reproduce one (1) copy of this Certification after printing &
signing the same to serve as your ojfice's receiving copy. Kindly note in the receiving copy the
name of the requesting party, official receipt (OR) number/date paid, and the date the certification
was received by the requesting party, together with the latter's signature acknowledging receipt
of the certification.]
„ , 9616
Resolution N o. ^ __ Page 20 of 25
General Instructions for the Im plem entation of Resolution N o. 9476 as am ended
[Sample template of the Certification to be issued to party treasurers of political parties & party-
list organizations when they have filed the party's disclosure statements & reports]
A n n ex "B-2"
C e r t if ic a t e o f C o m p l ia n c e
[Signature]
[Name of EO/PES/RED]
[Position]
[Jurisdiction]
[NOTE to EO/PES/RED: Please reproduce one (1) copy of this Certification after printing &
signing the same to serve as your office s receiving copy. Kindly note in tlie receiving copy the
name of the requesting party, official receipt (OR) number/date paid, and the date the certification
was received by the requesting party, together with the hitter's signature acknoivledging receipt
of the certification.]
R esolution N o. 9616 j Page 21 Gf 2 5
General Instructions for the Im plem entation of Resolution N o. 9476 as am ended
[Monitoring Checklist for internal use by Election Officers and Volunteer Monitors in their field
observation of campaign activities]
Annex "C"
C a m p a i g n M o n it o r i n g C h e c k l is t
N am e o f Party
Type o f Party: □ Political Party
Municipality/City/Province -> □ P arty-List Org.
(ex. La Paz, Abra)
Type o f Event: L ocation/venue o f the event: ^ □ Local
□ Miting de Avance □ Open space C onstituency □ R egional
□ Door to door campaign □ Indoor stadium o f the Party-> □ Provincial
□ Campaign sortie □ Plaza □ National
□ Motorcade D uration of (ex. 1:00-2:00pm)
□ Gov't/public building
□ Forum/Seminar □ Hotel/restaurant e vent (start-
end tim e) ->
□ Other (pis specify) □ Covered court
□ Other (pis. specify) W as the field officer □ Yes
notified o f event? -> □ No
Name & address of venue (ex. Rizal Plaza, Main Avenue, Metro City)
M O N IT O R ’S U N D E R TA K IN G
1. I personally accom plished the above C am paign M onitoring C he cklist a fte r conducting
an ocular inspection o f the prem ises w here the rally or m eeting w as held, in accordance with
Section 6 o f C O M E LE C R esolution N o ._______.
2. I have read all the inform ation contained therein and they are all true and correct o f
m y own personal know ledge.
4. S hould there be a com plaint filed w here the contents o f the M onitoring C hecklist are in
issue, I am w illing to be a w itness to identify and authenticate the sam e.
N O TAR Y PU BLIC /
O FFIC ER A U T H O R IZ E D T O A D M IN IS T E R OATH
[Notice to Remove Campaign Materials template to be given to candidates and/or parties whose campaign
materials are found outside the authorized common poster areas or within the prohibited public areas]
Annex "D'
N o t ic e t o R e m o v e C a m p a ig n M a t e r ia l s
Dear Sir/Madam:
Said m aterial/s w a s/w ere found o n ______ \place/address where the materials were found,
ex. Electric post at the comer of Main Avenue and 1st Street], This location where the
campaign materials were found is: [place a " S ’’ in the box uMchever is applicable]
You are hereby ordered to remove the said campaign materials, regardless of whoever
w as responsible for posting the same, w ithin three (3) days from receipt of this notice.
Failure to do so w ill give rise to the presumption that you /you r party were responsible
for posting the said materials. In addition to the filing of election offense charges, the
cost of the said materials will be assessed according to the prevailing market rate and
will be included in your list of expenditures.
[Signature]
[Name of EO/PES/RED]
[Position]
[Jurisdiction]
[Please note the date when this notice ivas received & who received it.]
Resolution N o. 9 6 l6 ^ i Page 24 of 25
General Instructions for the Im plem entation of R esolution N o. 9476 as am ended
Annex "E"
C O M P L A IN T
That on or about (date and time) , in (place where the offense was
committed) , the said accused (description of the unlawful acts, omissions,
activities that constitute the offense charged) .
(Signature of Complainant)
[Name o f Complainant]
COMPLAINANT
NOTARY PUBLIC
Doc No.
Page No.
Book No.
Series of 2013.
9616 )
R esolution N o. j Page 25 of 25
General Instructions for the Im plem entation of R esolution N o. 9476 as am ended
A f f id a v it
4. The p h o tog rap h s/v id eos that I have taken are accurate depictions of the
events sough t to be portrayed.
5. K now ing the sam e acts/o m ission s are unlaw ful, I reported the same to
the (election officer's nam e and p osition /area of assignm ent) and
provided h im /h e r w ith a copy of the p h otograp h s/vid eos.
(Signature of Affiant)
[Name of Affiant]
AFFIANT
NOTARY PUBLIC
Doc No.
Page No.
Book No.
Series of 2013.