Poll exec: Spending cap ‘unrealistic’

CEBU, Philippines - While his office has sued more than a thousand for “overspending,” the acting chief of the Commission on Elections’ Campaign Finance Unit said there is a need to amend the law that limits the amount that a candidate or registered political party may spend for an election campaign.

Lawyer Sabino Mejarito said the current expenditure cap set by law is already “unrealistic” in today’s context and should be increased.

Under the law, a presidential or vice-presidential candidate should only spend an aggregate amount of P10 for every registered voter. Political parties and party-list groups, meanwhile, are only allowed to spend P5 for every voter in the constituencies where they have official candidates.

Campaign expenditures of party-affiliated candidates should not exceed P3 for every voter currently registered in the area where the candidates filed their certificates of candidacy, while a candidate who is not affiliated with any political party can spend P5 for every voter.

“Pero hanggang di magbabago ‘to, wala kaming magagawa kasi ito ang batas,” Mejarito, however, told reporters yesterday after a consultative meeting with election officers in the province.

On the other hand, suspended Dumanjug, Cebu mayor Nelson Garcia has called on the Comelec to increase the allowable campaign expenses of candidates from P3 per voter to P100.

Garcia said the spending caps provided for under Republic Act 7166 (Synchronized National and Local Elections Law) make a politician’s statement of contributions and expenditures a lie.

“The moment you tell the truth, you will be penalized,” he said during the 888 News Forum at the Marco Polo Plaza yesterday.

Garcia said that if Comelec reportedly considering allowing early campaigning for the May 2016 elections, why can’t it also change the provisions on campaign spending to a more realistic cap.

The Comelec usually sets a maximum election campaign period of 90 days for national elections and 45 days for local elections.

“The law is ridiculous for me. Just imagine if the town has 7,000 voters, that is only equivalent to P21,000,” he said.

Compliance with campaign finance laws rely mostly on disclosure statements submitted by candidates to the Comelec.

Ideally, no official should be allowed to assume office without a duly submitted SOCE. Failure to submit the SOCE in the form and content mandated by Comelec is considered an administrative offense under RA 7166. Candidates are imposed with corresponding penalties.

On the other hand, despite his sentiment on a bigger campaign spending cap, Mejarito said the Campaign Finance Unit would still strictly enforce the finance rules come the 2016 elections and ensure that candidates going over the spending ceiling will be sanctioned accordingly.

He said they have filed 1, 500 campaign overspending cases against candidates who ran in the last two elections, and at least 800 candidates are facing perpetual disqualification for failure to submit their SOCEs twice.

He also said they will be organizing volunteers to help in enforcing the campaign finance rules come 2016 elections.

Meanwhile, Mejarito announced that there will be no more extension in the filing of the statement of contributions and expenditures.

“In May 2013 elections kasi, we extended the deadline to June 30. In 2016, no more extension… Ang Commission ngayon ay magseseryoso na sa campaign finance. Noon kasi, tinutokan lang namin ang operation,” he said.

The Omnibus Election Code provides that every candidate and treasurer of the political party should file in duplicate with the offices of the Comelec the “full, true and itemized” statement of all contributions and expenditures 30 days after the day of the election.

Failure to file statements in connection with electoral contributions and expenditures prohibits the person elected to any public offices from entering upon the duties of his office until he has complied with the requirement.

Erring candidate will be meted administrative fine ranging from P1, 000 to P30, 000, in the discretion of the Commission. For the second or subsequent offense, the administrative fine shall be P2, 000 to P60, 000, in the discretion of the Commission, and the offender will be subject to perpetual disqualification to hold public office. — (FREEMAN)