(Download the ebook on Basic Guide to the Laws and Rules Governing Election Finance in the Philippines.)
You’ve seen the infomercials before.
Senator Manny Villar gives you a tour of his old home in Tondo and helping out our Overseas Filipino Workers (OFW). Just last October, TV ads started coming out with Senator Noynoy Aquino in a star-studded MTV-like entertainment ad while in contrast, Gilberto (Gibo) Teodoro’s intelligence is highlighted in his ad.
One can just imagine the amount involved in the production and the airtime costs. Let’s take a look at the TV ads of three presidential candidates.
Senator Manny Villar
Gilbert (Gibo) Teodoro
Senator Noynoy Aquino
Technically, they are not violating any law because the campaign period has not started yet. Still, one can't help wondering how these were sourced and by whom? In an interview with Senator Manny Villar way back in July 2009, I asked him that question and he claims he spent his own money. What about the others?
| > Php 3.00- individual candidate supported by political party |
| > Php 5.00- individual candidate not supported or nominated by political party |
| > Php 5.00- Politcal Parties |
| > Php 10.00 - Candidates for President or Vice President |
Do you really know how much campaign spending is allotted per candidate?
Automation is the big story of the upcoming election, with intensified voter’s education being emphasized by COMELEC and other sectors. It is natural but also worrisome. We might overlook other issues.
Among other things, BlogWatch.ph focuses on Voters Education in Campaign Finance. We will flash pertinent Campaign Finance Laws in future articles so voters will be vigilant. We hold these public officers accountable to the people. We need to make sure that our candidates are transparent as to the sources of their campaign money and the true extent of their elections spending as this would impact directly on the candidates’ governance upon assumption to office.
Election spending must be kept at a minimum. Article IX-C Section 2 of the Constitution states that the Commission on Elections to recommend to Congress measures that would minimize election spending. The governing statutes are:
- Batas Pambansa Blg. 881 [1985] or the Omnibus Election Code (OEC) particularly Sections 68, 81, 86, 88. 89, 94, 85, 96, 97, 98, 99, 100, 102-106, 109-111, 261 (a) (b) (j) (o) (v) and (w), 262, 263 and 264;
- Republic Act No. 6646 or the Electoral Reforms Law of 1987, particularly section 28;
- Republic Act No. 7166 or the Synchronized Election Law, particularly Section 13 and 39; and
- Republic Act No. 9006 or the Fair Election Act, particularly Sections 3, 6, and 11.
There is too much information at this point but take note of this:
Expenditure limits per registered voter in the constituency a candidate is running
- Php 3.00 - individual candidate supported by political party
- Php 5.00 - individual candidat not supported or nominated by political party
- Php 5.00 - political parties
- PhP 10.00 - candidates for President or Vice President
| 1. Personal Money of Candidates |
| 2. Donation or Contribution from persons or corporation not prohibited by law to give donations |
| 3. Fund Raising Activities in manner not prohibited by law. |
Do your math. As of September 2009, registered voters reached close to 46 million. COMELEC expects the number of registered voters to hit 48 million.
Manny Villar told Che-che Lazaro that a presidentiable needs five billion pesos to win, which I believe is merely a bluff to create a perception that he is the strongest among the candidates. He knows the Laws and Rules Governing Election Finance. The five billion pesos is way beyond the expenditure limits. Then again, one can say that it is not the campaign period and that he will most likely stick to the lawful limits.
There is a lot that the public has to learn on Campaign Finance, such as Sources of Funds, the Expenditure side, Recording and Reportorial Requirements, Use of Public Funds and Properties, and Effects of Violation of Election Finance Laws and Rules.
You want your candidate to be transparent. You want your candidate to have integrity.
Media gives little coverage to Campaign Finance. It is not given enough importance unlike voting and counting procedures. The state of campaign finance is such that it is comprehensive but outdated. The laws are largely ignored with insufficient enforcement capability and mechanism. At the end of the elections, we celebrate the victory, look at disputes, but forget about the finances.
| 1. No person can solicit or receive money, gifts, or anything of value from any candidate for election campaign. |
| 2. During election period any person is prohibited from soliciting and/or accepting from any candidate for public office, or from any person acting on their behalf , any gift, food, transportation, contribution or donation in cash or kind. |
Campaign Finance issues lie at the heart of electoral reform in the Philippines. Law Reform is in order.
- Re-definition of candidate and campaign reforms
- Rationalizing existing campaign finance laws like expenditure limits
- Publication of candidates reports
- Consider state subsidy, to make parties public institutions that may be publicly audited
- Institutionalization of political parties as handlers of campaign finance
What about you, the voters? We all play a role. Media has the responsibility to accurately report political and technical aspect of elections and plays a vital role in informing voters and holding candidates, political parties, and election authorities accountable.
Let’s do our part. Read up on Campaign Finance Laws. Be vigilant. Report, if there is evidence, on violation of the Election Finance laws. Here is a start.
Download or read Basic Guide to the Laws and Rules Governing Election Finance in the Philippines.
Related Articles on Campaign Finance
- Sources of Election Funds- Part 1
- Expenditure Side of Election Finance- Part 2
- Recording and Reportorial Requirements- Part 3
Photos by Author. Some rights reserved
Source of Image & Campaign Finance Laws: "Basic Guide to the Laws and Rules Governing Election Finance in the Philippines" by Lawyer's League for Liberty.
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