Deadline of Filing of SOCE
Republic Act 7166, approved on November 26, 1991 under former President Corazon C. Aquino, is an act providing for synchronized national and local elections and for electoral reforms, authorizing appropriations therefor, and for other purposes. Section 14, partially quoted below, is about the statement of contributions and expenditures (SOCE) and the effect of failure to file the statement.
Every candidate and treasurer of the political party shall, within thirty (30) days after the day of the election, file in duplicate with the offices of the Commission the full, true and itemized statement of all contributions and expenditures in connection with the election.
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.
The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement required herein within the period prescribed by this Act.
Except candidates for elective barangay office, failure to file the statements or reports in connection with electoral contributions and expenditures are required herein shall constitute an administrative offense for which the offenders shall be liable to pay an administrative fine ranging from One thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the discretion of the Commission.
The fine shall be paid within thirty (30) days from receipt of notice of such failure; otherwise, it shall be enforceable by a writ of execution issued by the Commission against the properties of the offender.
It shall be the duty of every city or municipal election registrar to advise in writing, by personal delivery or registered mail, within five (5) days from the date of election all candidates residing in his jurisdiction to comply with their obligation to file their statements of contributions and expenditures.
For the commission of a second or subsequent offense under this section, the administrative fine shall be from Two thousand pesos (P2,000.00) to Sixty thousand pesos (P60,000.00), in the discretion of the Commission. In addition, the offender shall be subject to perpetual disqualification to hold public office.
In preparation to the 2016 national and local elections, Comelec has promulgated Resolution 9991 on October 2, 2015. The resolution is the omnibus rules and regulations governing campaign finance and discolure in connection with the May 9, 2016 national ad local elections and all subsequent national and local elections thereafter. The following quote is from Rule 10, Section 2 of the resolution regarding when and how to file the SOCE and its supporting documents. The mentioned resolutions in the quote pertain to the May 2013 national and local elections wherein the Comelec en banc twice extended the deadline for the filing of SOCEs.
Not later than thirty (30) days after the day of election, or by 08 June 2016, Wednesday, all candidates and parties who participated in the 09 May 2016 National and Local Elections, regardless of whether they won or lost, must file their Statements of Contributions and Expenditures (SOCEs) and the relevant Schedules and supporting documents. …
The 08 June 2016 deadline shall be final and non-extendible. Submissions beyond this period shall not be accepted. Comelec Resolutions Nos. 9849 and 9873, Minute Resolutions Nos. 13-0775 and 13-0823 are hereby repealed, insofar as they allowed the belated submission, amendment and/or correction of campaign finance disclosure statements and reports and the imposition of late penalties for the 2013 National and Local Elections.
Before the election, Comelec has reminded those concerned regarding the SOCE filing deadline. Comelec spokesman Dan Jimenez said on June 6, “The deadline is a non-extendible period”. [Interaksyon] Comelec Commissioner Christian Robert Lim also firmly said, “Our deadline is on June 8. It is non-extendable. If you fail to file it by that date, it’s considered not filed.” [Manila Bulletin] He also noted the filing of the SOCEs is in compliance with Comelec Resolution No. 9991 or the Omnibus Rules and Regulations Governing Campaign Finance and Disclosure.
SOCE deadline (June 8)
The Liberal Party and Mar Roxas failed to comply with the June 8 deadline and has requested an extension of 14 days to comply with the filing of their SOCEs. They cited “voluminous” paper work as their primary reason.
Although, other candidates have also failed to file their SOCEs, it is that request of the Liberal Party and their standard-bearer Mar Roxas that triggered a commotion. People are crying out that the request for an extension is a violation of Comelec Resolution 9991 which has been emphasized by Comelec since before the election.
Robredo said, “Alam ko humingi iyong partido ng two weeks na extension. Ang mahalaga naman dito according to the rules na makapag-submit before June 30 kasi kung hindi siya mag-submit before June 30 talagang hindi kami makakaupo,” according to [GMA News] Maybe the June 30 date that she was referring to are the 2013 resolutions that she was unaware of were already repealed by Comelec Resolution 9991.
Election lawyer Romulo Macalintal said, “the will of the people cannot be set aside on mere misdoing or omission of the political party, which nominated a winning candidate.” And in the same, he also said, “with or without the filing of the statement of contributions and expenditures of the Liberal Party which nominated VP-elect Leni Robredo, the latter can still assume the office of the Vice President since she had already filed her own SOCE.” [GMA News]
United Nationalist Alliance (UNA) through a letter dated June 13, has asked the Comelec to deny the requested extension by the Liberal Party and Mar Roxas. Former party-list congressman JV Bautista, UNA’s secretary general, pointed out, “All told, not only will it be illegal and the height of injustice for the Honorable Commission to grant the request of Roxas and the Liberal Party for an extension to file their SOCE, but more importantly, it will add fuel to the people’s perception that the Honorable Commission is biased in favor of Roxas and the Liberal Party.” [GMA News Online]
On June 14, six days after the June 8 deadline, the Liberal Party submitted their SOCEs to Comelec. However, Mar Roxas has not yet filed his SOCE.
Head of the Comelec Campaign Finance Office, Christian Robert Lim, has recommended, through a memorandum, to reject the request of the Liberal Party and Mar Roxas for an extension in an exclusive report by Joseph Morong of GMA News on “24 Oras” segment dated June 15. Lim said in the memorandum, “to grant the request for extension would not only be unfair to other candidates and parties who complied within the prescribed period but also would be a reversal of the commission’s own resolution on the matter.” Also, “After careful deliberation on the said request, the Campaign Finance Office respectfully recommends the denial of the request for extension of time filed by Atty. Sardillo.” [GMA News]
According to the GMA phone interview with Liberal Party spokesperson Barry Gutierrez, Gutierrez said, “the SOCE filing is just ministerial. He added that there was nothing in the election laws that imposes a specific deadline.” [GMA News]
Commission on Election en banc (June 16)
On June 16, the Commission on Election en banc resolved not only in favor of the requested 14-day extension of the filing of SOCE but also to extend the deadline until June 30. Those who voted in favor were: Commissioners Arthur Lim, Al Parreño, Sheriff Abas and Ma. Rowena Amelia Guanzon. Chairman Juan Andres Bautista and Commissioners Luie Tito Guia and Christian Robert Lim voted against the request, although, according to Comelec spokesman James Jimenez, Bautista changed his no-extension vote to “allow the late filing but with imposition of appropriate fines and penalties.” [Manila Times]
“The decision was backed by laws and precedent,” Jimenez said. He added, “In deciding to extend SOCE deadline, we were thinking — are we going to defeat the will of the people? This will benefit everyone, hindi lang LP ang apektado dito (…it’s not only LP [Liberal Party] that is affected here).” [Inquirer]
Consequences of not extending the SOCE filing deadline
If the Comelec en banc has not voted to extend the deadline on SOCE filing those affected will be Mar Roxas, 15 senatorial candidates, 40 governors and 115 members of the House of Representatives.
Another concern is that of Vice President-elect Maria Leonor “Leni” Robredo of the Liberal Party, who cannot assume office, even if the President-elect has filed her SOCE on time, until her political party has filed their SOCE. To iterate part of R.A. 7166 Section 14,
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.
The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement required herein within the period prescribed by this Act.
According to [GMA News], “Liberal Party spokesperson Barry Gutierrez said that there is no reason that the Vice President-elect cannot take her oath since she filed her own SOCE on time.” Is that what is said in R.A. 7166 Section 14 or did he missed reading the part of the political party?
Also, according to Comelec en banc position, the “voice of the people” cannot be superseded by a procedural requirement. Meaning, that the filing of SOCE, may it be on time or late, does not prohibit any elected person from assuming office. R.A. 7166 Section 14 says, if the filing is late then there are penalties. But doesn’t it also states that until the elected person and his/her party files their SOCEs, the elected person shall not enter upon the duties of his office?
Is Comelec allowed by law to extend the SOCE filing deadline?
Aside from the recent decision, the Comelec has also moved the SOCE deadline twice in the 2013 national and local elections. They may have referred to their mandate in R.A. 7166 Section 35 which states,
The Commission shall issue rules and regulations to implement this Act. Said rules shall be published in at least two (2) national newspapers of general circulation.
But R.A. 7166 Section 35 speaks of the implementation of the Act. To implement is to enforce and not to amend nor to violate. It does not allow Comelec to extend or move the deadline of the filing of SOCE by anyone in any circumstances except when the Act is amended to allow such. But there is no amendment of R.A. 7166 mentioning or authorizing anyone to extend the deadline. Therefore, is the extension of the deadline a violation not only of R.A. 7166 but also of Comelec Resolution 9991? As the Head of the Comelec Campaign Finance Office, Christian Robert Lim, said, “would be a reversal of the commission’s own resolution on the matter.”
Should COMELEC accept late filing of SOCEs?
R.A. 7166 Section 14 does not mention that late filing of SOCEs are prohibited. Otherwise, there should have been no penalties specified for late filing of SOCEs as stated,
… until he has filed the statement of contributions and expenditures herein required.
The fact that R.A. 7166 Section 14 clearly specifies the penalties for late filing of SOCEs, therefore means acceptance of late filing of SOCEs is not a violation. The confusion in accepting and not accepting late filing of SOCEs arise in Comelec Resolution 9991, Rule 10, Section 2, second sentence of second paragraph:
The 08 June 2016 deadline shall be final and non-extendible. Submissions beyond this period shall not be accepted. …
The intent of Comelec is to force candidates to file their SOCEs on time and avoid what happened in 2013. The problem is in the statement that says “Submissions beyond this period shall not be accepted” which is clearly not in R.A. 7166 and, in fact, a violation of the Republic Act if Comelec chooses not to accept late filing of SOCEs. This is also the reason Comelec has to decide whether to extend the deadline or not. Sticking to the original June 8 deadline would require late filers of SOCEs to adhere to the penalties stated in R.A. 7166, which, assuming, all candidates are aware of. While Extending the deadline will excuse late filers from the penalties candidates are subject to.
Election lawyer Romulo Macalintal said a Comelec resolution stating that “submission of SOCE beyond the deadline shall not be accepted” is “of doubtful legality because the Comelec cannot prescribe what the law does not provide.” [GMA News]
Former Comelec chief Sixto Brillantes Jr agree that even late SOCEs must be accepted by Comelec. Brillantes on Twitter said, “Comelec has no authority under any law to refuse acceptance for the late filing of the SOCE, especially if such late filing will effectively result in the prevention of a winning candidate to assume his office and to enter into the discharge of his duties and functions.”
Since R.A. 7166 Section 14 is clear about late filing of SOCEs, why did Comelec include such a statement in their resolution that is clearly not in the Republic Act nor the Republic Act’s intent?
Who said What?
Although, only a number of these information, among many others, have been gathered, some where in accord while others were not. A lot more may have been missed but pausing for now is beginning to sound like quite a good idea. Here is a summary of some of the statements made:
Comelec spokesman Dan Jimenez: “The deadline is a non-extendible period.”
Comelec Commissioner Christian Robert Lim: “Our deadline is on June 8. It is non-extendable. If you fail to file it by that date, it’s considered not filed.”
Vice President-elect Leni Robredo: “Ang mahalaga naman dito according to the rules na makapag-submit before June 30 kasi kung hindi siya mag-submit before June 30 talagang hindi kami makakaupo.”
Atty. Romulo Macalintal: “The will of the people cannot be set aside on mere misdoing or omission of the political party, which nominated a winning candidate.”
Atty. Romulo Macalintal: “With or without the filing of the statement of contributions and expenditures of the Liberal Party which nominated VP-elect Leni Robredo, the latter can still assume the office of the Vice President since she had already filed her own SOCE.”
Liberal Party and Mar Roxas: Late filing of SOCE.
Congressman JV Bautista, UNA’s secretary general: “All told, not only will it be illegal and the height of injustice for the Honorable Commission to grant the request of Roxas and the Liberal Party for an extension to file their SOCE…”
Liberal Party spokesperson Barry Gutierrez, according to GMA News, said: “There was nothing in the election laws that imposes a specific deadline.”
Liberal Party spokesperson Barry Gutierrez, according to GMA News, said: “Comelec can just impose a penalty or fine on LP.”
Comelec Chairman Juan Andres Bautista: “allow the late filing but with imposition of appropriate fines and penalties.”
Comelec spokesman Dan Jimenez on deadline extension: “The decision was backed by laws and precedent.” ●