Political Finance Database

Philippines

Philippines

2018
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Comment

"It shall be unlawful for any foreigner, whether judicial or natural person, to aid any candidate or political party, directly or indirectly, or take part in or influence in any manner any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity" (Omnibus Election Code, Section 81). "No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following… (h) Foreigners and foreign corporations" (Section 95).

Source

Omnibus Election Code of the Philippines (revised 2013)

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Comment

"It shall be unlawful for any foreigner, whether judicial or natural person, to aid any candidate or political party, directly or indirectly, or take part in or influence in any manner any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity" (Omnibus Election Code, Section 81).

Source

Omnibus Election Code of the Philippines (revised 2013).

3. Is there a ban on corporate donations to political parties?
Code
No
4. Is there a ban on corporate donations to candidates?
Code
No
5. Is there a ban on donations from Trade Unions to political parties?
Code
No
6. Is there a ban on donations from Trade Unions to candidates?
Code
No
7. Is there a ban on anonymous donations to political parties?
Code
Yes
Comment

"No person shall make any contribution in any name except his own nor shall any candidate or treasurer of a political party receive a contribution or enter or record the same in any name other than that of the person by whom it was actually made" (Omnibus Election Code, Section 98).

Source

Omnibus Election Code (revised 2013)

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Comment

"No person shall make any contribution in any name except his own nor shall any candidate or treasurer of a political party receive a contribution or enter or record the same in any name other than that of the person by whom it was actually made" (Omnibus Election Code, Section 98).

Source

Omnibus Election Code (revised 2013)

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
Yes
Comment

"Prohibited contributions. - No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following: … (c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works; (d) Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including government-owned or controlled corporations; (e) Natural and juridical persons who, within one year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000 by the government or any of its divisions, subdivisions or instrumentalities including government-owned or controlled corporations" (Section 95, Omnibus Election Code)

Source

Omnibus Election Code (revised 2013)

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
Yes
Comment

"Prohibited contributions. - No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following: … (c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works; (d) Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including government-owned or controlled corporations; (e) Natural and juridical persons who, within one year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000 by the government or any of its divisions, subdivisions or instrumentalities including government-owned or controlled corporations" (Section 95, Omnibus Election Code)

Source

Omnibus Election Code (revised 2013)

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
No
12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
Comment

"Prohibited Acts. - The following shall be guilty of an election offense: …. (i) Intervention of public officers and employees. - Any officer or employee in the civil service, except those holding political offices; any officer, employee, or member or the Armed Forces of the Philippines, or any police force, special forces, home defense forces, barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who, directly or indirectly, intervenes in any election campaign or engages in any partisan political activity, except to vote or to preserve public order, if he is a peace officer" (Section 261, Omnibus Election Code)

Source

Omnibus Election Code (revised 2013)

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
No
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
Code
Not applicable
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Not applicable
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
No
21. Is there a limit on in-kind donations to political parties?
Code
No
22. Is there a limit on in-kind donations to candidates?
Code
No
23. Is there a ban on political parties engaging in commercial activities?
Code
No
24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No
27. Are there provisions requiring donations to go through the banking system?
Code
No
Question Value
28. Are there provisions for direct public funding to political parties?
Code
No public funding available
29. What are the eligibility criteria for political parties to receive public funding?
Code
Not applicable
30. What is the allocation calculation for political parties to receive public funding?
Code
Not applicable
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Not applicable
32. Are there provisions for free or subsidized access to media for political parties?
Code
No
33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Not applicable
34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Comment

All candidates gain access to newspaper space and television time.

Source

"The Commission shall procure space in at least one newspaper" (Omnibus Election Code, Section 90)

Omnibus Election Code (revised 2013)

35. Are there provisions for any other form of indirect public funding?
Code
Yes
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
Not applicable
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Question Value
38. Is there a ban on vote buying?
Code
Yes
Comment

"Prohibited Acts. - The following shall be guilty of an election offense: (a) Vote-buying and vote-selling" (Omnibus Election Code, Section 261)

Source

Omnibus Election Code (revised 2013)

39. Are there limits on the amount a political party can spend?
Code
Yes
Comment

"SEC. 13. Authorized Expenses of Candidates and Political Parties. — The aggregate amount that a candidate or registered political party may spend for election campaign shall be as follows:

(b) For political parties — Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has official candidates."

(Republic Act No. 7166,1991)

Source

Republic Act No. 7166 (1991)

40. If there are limits on the amount a political party can spend, what is the limit?
Code
Five pesos for every voter currently registered in the constituency or constituencies where the party has official candidates.
Source

Republic Act No. 7166 (1991), SEC. 13b

41. Are there limits on the amount a candidate can spend?
Code
Yes
Comment

"SEC. 13. Authorized Expenses of Candidates and Political Parties. — The aggregate amount that a candidate or registered political party may spend for election campaign shall be as follows:

(a) For candidates — Ten pesos (P10.00) for President and Vice-President; and for other candidates, Three pesos (P3.00) for every voter currently registered in the constituency where he filed his certificate of candidacy: Provided, That, a candidate without any political party and without support from any political party may be allowed to spend Five pesos (P5.00) for every such voter; (...)."

(Republic Act No. 7166, 1991)

Source

Republic Act No. 7166 (1991)

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Ten pesos for every registered voter for President and Vice-President candidates; Three pesos for every registered voter in the constituency where the candidate filed a certificate of candidacy for other candidates with a political party; Five pesos for every registered voter in the constituency where the candidate filed a certificate of candidacy for other candidates without any political party and without support from any political party.
Source

Republic Act No. 7166 (1991), SEC. 13a

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
No
44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
Comment

Only indirectly, through limits to ensure fairness in access to media during a campaign.  

Source

Fair Election Act, Section 6

45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
Yes
Comment

"Regulation of election propaganda through mass media. – (a) The Commission shall promulgate rules and regulations regarding the sale of air time for partisan political purposes during the campaign period to insure that equal time as to duration and quality is available to all candidates for the same office or political parties at the same rates or given free of charge; that such rates are reasonable and not higher than those charged other buyers or users of air time for non-political purposes; that the provisions of this Code regarding the limitation of expenditures by candidates and political parties and contributions by private persons, entities and institutions are effectively enforced; and to ensure that said radio broadcasting and television stations shall not unduly allow the scheduling of any program or permit any sponsor to manifestly favor or oppose any candidate or political party by unduly or repeatedly referring to or including said candidate and/or political party in such program respecting, however, in all instances the right of said stations to broadcast accounts of significant or newsworthy events and views on matters of public interest. (b) All contracts for advertising in any newspaper, magazine, periodical or any form of publication promoting or opposing the candidacy of any person for public office shall, before its implementation, be registered by said newspaper, magazine, periodical or publication with the Commission. In every case, it shall be signed by the candidate concerned or by the duly authorized representative of the political party" (Section 86, Omnibus Election Code).

Source

Omnibus Election Code (revised 2013)

Question Value
47. Do political parties have to report regularly on their finances?
Code
No
Comment

Only in connection to elections.

"Statement of contributions and expenditures. - Every candidate and treasurer of the political party shall, not later than seven days, or earlier than ten days before the day of the election, file in duplicate with the office indicated in the following section, full, true and itemized, statement of all contributions and expenditures in connection with the election" (Section 107, Omnibus Election Code).

Source

Omnibus Election Code (revised 2013)

48. Do political parties have to report on their election campaign finances?
Code
Yes
Comment

"Statement of contributions and expenditures. - Every candidate and treasurer of the political party shall, not later than seven days, or earlier than ten days before the day of the election, file in duplicate with the office indicated in the following section, full, true and itemized, statement of all contributions and expenditures in connection with the election" (Section 107, Omnibus Election Code)

Source

Omnibus Election Code (revised 2013)

49. Do candidates have to report on their election campaign finances?
Code
Yes
Comment

"Statement of contributions and expenditures. - Every candidate and treasurer of the political party shall, not later than seven days, or earlier than ten days before the day of the election, file in duplicate with the office indicated in the following section, full, true and itemized, statement of all contributions and expenditures in connection with the election." (Omnibus Election Code, Section 107).

Source

Omnibus Election Code (revised 2013)

50. Do third parties have to report on election campaign finances?
Code
No
51. Is information in reports from political parties and/or candidates to be made public?
Code
Sometimes
Comment

"Preservation and inspection of statements. – All statements of contributions and expenditures shall be kept and preserved at the office where they are filed and shall constitute part of the public records thereof for three years after the election to which they pertain. They shall not be removed therefrom except upon order of the Commission or of a competent court and shall, during regular office hours, be subject and open to inspection by the public. The officer in-charge thereof, shall, on demand, furnish certified copies of any statement upon payment of the fee prescribed under Section 270 hereof" (Section 110, Omnibus Election Code)

Source

Omnibus Election Code (revised 2013)

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Yes
Comment

"Records of contributions and expenditures. - (a) It shall be the duty of every candidate, treasurer of the political party and person acting under the authority of such candidate or treasurer to issue a receipt for every contribution received and to obtain and keep a receipt stating the particulars of every expenditure made. (b) Every candidate and treasurer of the party shall keep detailed, full, and accurate records of all contributions received and expenditures incurred by him and by those acting under his authority, setting forth therein all information required to be reported" (section 106, Omnibus Election Code).

Source

Omnibus Election Code (revised 2013)

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Comment

"Form and contents of statement. – The statement shall be in writing, subscribed and sworn to by the candidate or by the treasurer of the party, shall be complete as of the date next preceding the date of filing and shall set forth in detail (a) the amount of contribution, the date of receipt, and the full name and exact address of the person from whom the contribution was received; (b) the amount of every expenditure, the date thereof, the full name and exact address of the person to whom payment was made, and the purpose of the expenditure; (c) any unpaid obligation, its nature and amount, and to whom said obligation is owing; and (d) such other particulars which the Commission may require. If the candidate or treasurer of the party has received no contribution, made no expenditure, or has no pending obligation, the statement shall reflect such fact" (section 109, Omnibus Election Code)

Source

Omnibus Election Code (revised 2013)

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Comment

"Form and contents of statement. – The statement shall be in writing, subscribed and sworn to by the candidate or by the treasurer of the party, shall be complete as of the date next preceding the date of filing and shall set forth in detail (a) the amount of contribution, the date of receipt, and the full name and exact address of the person from whom the contribution was received; (b) the amount of every expenditure, the date thereof, the full name and exact address of the person to whom payment was made, and the purpose of the expenditure; (c) any unpaid obligation, its nature and amount, and to whom said obligation is owing; and (d) such other particulars which the Commission may require. If the candidate or treasurer of the party has received no contribution, made no expenditure, or has no pending obligation, the statement shall reflect such fact" (Section 109, Omnibus Election Code)

Source

Omnibus Election Code (revised 2013)

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Comment

"Records of contributions and expenditures. - .... their production for inspection by the Commission or its duly authorized representative" (Section 106, Omnibus Election Code)

Source

Omnibus Election Code (revised 2013)

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
EMB
Comment

"Records of contributions and expenditures. - .... their production for inspection by the Commission or its duly authorized representative" (Section 106, Omnibus Election Code)

Source

Omnibus Election Code (revised 2013)

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Carry out investigation Request additional information from potential violator Impose sanctions
Comment

"Authority of the Commission to Prosecute Election Offenses. - The Commission shall have the exclusive power to conduct preliminary investigation of all election offenses punishable under the election laws and to prosecute the same, except as may otherwise be provided by law" (Rule 34, Section 1)

Source

COMELEC RULES OF PROCEDURE (1993)

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Forfeiture
  • Loss of elected office
Comment

"Penalties. - Any person found guilty of any election offense under this Code shall be punished with imprisonment of not less than one year but not more than six years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served. Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand pesos, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty" (Section 264, Omnibus Election Code)

Source

Omnibus Election Code (revised 2013)

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