Alternative Modes of Payment for Candidates or Parties Subject to Administrative Fines or Late Penalties Due to Non-Compliance with Campaign Finance Laws, Rules & Regulations

April 7, 2015

COMELEC RESOLUTION NO. 9943

ALTERNATIVE MODES OF PAYMENT FOR CANDIDATES OR PARTIES SUBJECT TO ADMINISTRATIVE FINES OR LATE PENALTIES DUE TO NON-COMPLIANCE WITH CAMPAIGN FINANCE LAWS, RULES & REGULATIONS

This pertains to the continuing efforts of the Commission on Elections to enforce campaign finance laws, rules and regulations, as mandated by the Constitution and existing laws. In response to numerous requests from candidates and parties who have been assessed late penalties or imposed administrative fines as a result of their non-compliance with existing campaign finance laws, rules and regulations, the Commission En Banc hereby APPROVES the following PROCEDURES providing for ALTERNATIVE MODES OF PAYMENT through which candidates and parties may settle their late penalties or administrative fines:

SECTION 1. Purpose of this Resolution. — This Resolution establishes the different modes of payment and their corresponding procedures for the guidance of all candidates, political parties, and party-list organizations that have been assessed with late penalties or imposed administrative fines due to their non-compliance with campaign finance laws, rules and regulations. It likewise provides the procedures for collection of payments and submission of collection reports to the Campaign Finance Unit for the guidance of the Commission's field offices.

SECTION 2. Definition of Terms. — Whenever used in this Resolution, the following words shall mean:

(a) The "Unit" or "CFU" — refers to the Campaign Finance Unit, with office address at the 5th Floor Shipping Centre Building, 707 A. Soriano Avenue, Intramuros, Manila.

(b) Cash Division — refers to the Cash Division under the Administrative Services Department, with office address at the Ground Floor, COMELEC Annex Bldg., Postigo corner Arzobispo Sts., Intramuros, Manila.

(c) Statement of Contributions and Expenditures or "SOCE" — refers to the full, true and itemized statement of all contributions and expenditure in connection with an election. All candidates and parties participating in an election are required to submit their SOCEs within thirty (30) days after the day of election. (See Section 14, Republic Act No. 7166)

(d) Postal Money Order — refers to the monetary instrument issued by the Philippine Postal Corporation, which may be purchased by any person.

(e) Manager's or Cashier's Check — refers to a check issued by any bank accredited by the Bangko Sentral ng Pilipinas (BSP), which may be purchased by any person in accordance with the bank's internal policies.

(f) Order of Payment — refers to a document issued by the CFU directing the recipient or addressee of the said order to settle the late penalty or administrative fine as indicated in the order. The Order of Payment is enclosed together with a Notice to Settle Late Penalty Payment or Administrative Fine. cHSTEA

(g) Notice to Settle Late Penalty — refers to a written document issued by the CFU addressed to a candidate or party, informing them of the late penalty imposed on their submissions as provided in En Banc Minute Resolution Nos. 13-0775 dated 18 June 2013, 13-0823 dated 02 July 2013 and Formal Resolution No. 9849 promulgated on 13 February 2014.

(h) Notice to Settle Administrative Fine — refers to a written document issued by the CFU addressed to a candidate or party, informing them of the administrative fine imposed upon them for their failure to file their SOCEs, as required by Section 14 of Republic Act No. 7166.

(i) Special courier service — refers to messengerial or cargo-forwarding services provided by companies other than the Philippine Postal Corporation.

(j) PhilPost — refers to the Philippine Postal Corporation.

(k) COMELEC Field Offices — refers to any of the field offices maintained by the Commission on Elections, such as the Office of the City or Municipal Election Officer (OEO), Office of the Provincial Election Supervisor (OPES), or the Office of the Regional Election Director (ORED).

(l) Duly authorized representative — refers to a person authorized by a candidate or a party to act for or transact with the COMELEC on their behalf. Representatives of candidates or parties must be duly authorized in writing by their principal to act or transact on their behalf through an authorization letter or special power of attorney bearing the signature of the candidate or party treasurer, with a photocopy of the candidate or party treasurer's identification card or other competent evidence of identity.

SECTION 3. Modes of Payment. — Upon receipt of the notice and the order of payment, the candidate or party may choose to settle the late penalty or administrative fine through any of the following means or modes:

A. Postal Money Order

(1) The postal money order must contain the following details:

Pay to	COMMISSION ON ELECTIONS
Address	Intramuros, Manila
From	___________________
	Name of candidate

(2) It must have the name and signature of the local postmaster or any personnel of the local PhilPost Office duly authorized to issue and sign postal money orders.

(3) It must contain the stamp or seal of the local PhilPost Office reflecting the date of purchase of the postal money order.

(4) The amount of the postal money order must be exact or the same as the amount provided in the Order of Payment, excluding service fees and charges, which shall be shouldered by the candidate or party. No change shall be given in case the amount provided in the postal money order is greater than the amount provided in the Order of Payment.

(5) Postal money orders that do not conform to the aforementioned guidelines SHALL NOT BE ACCEPTED and will be returned to the sender.

B. Manager's or Cashier's Check

(1) Manager's or Cashier's Checks can be purchased by any person from any bank duly accredited by the Bangko Sentral ng Pilipinas (BSP), subject to the said bank's internal policies on the issuance of manager's or cashier's checks.

(2) Manager's or Cashier's Checks must be made payable to the "COMMISSION ON ELECTIONS".

(3) The amount provided in the manager's or cashier's check must be exact or the same as the amount provided in the Order of Payment, excluding service fees and charges, which shall be shouldered by the candidate or party. No change shall be given in case the amount provided in the manager's or cashier's check is greater than the amount provided in the Order of Payment. DHacTC

(4) Personal checks, or checks drawn against the funds of a person with a current or checking account, SHALL NOT BE ACCEPTED and will be returned to the sender.

C. Cash

(1) Cash payments must be made in person by the candidate or his/her duly authorized representative, following the procedures provided in Sections 4, 5 and 6.

(2) Cash sent through money remittance services or special courier services, such as, LBC Pera Padala Service or PesoPak Door-to-Door Delivery, Western Union, and other similar services SHALL NOT BE ACCEPTED and will be refused acceptance and referred back to the sender.

SECTION 4. Payment Procedures. — Depending on the chosen mode of payment, candidates or parties must follow these procedures:

A. Postal Money Order

(1) After purchase of the postal money order at the local office, the candidate or party must send it together with a copy of the Notice and Order of Payment, to this address:

CAMPAIGN FINANCE UNIT

(2) The candidate or party may choose to send the postal money order and a copy of the Notice and Order of Payment through any reliable delivery service such as PhilPost's priority or express mail service, registered mail, or any special courier service, preferably those that allow the sender to track his/her document package or parcel and to determine whether it has been successfully delivered to its intended destination.

(3) The date of sending must be clearly indicated on the document packet, envelope or package, for the purpose of reckoning compliance with the ten (10)-day period provided in the Notice.

B. Manager's or Cashier's Checks

(1) After purchasing a manager's or cashier's check at any BSP-accredited bank, the candidate or party must send it together with a copy of the Notice and Order of Payment, to this address:

CAMPAIGN FINANCE UNIT

(2) The candidate or party may choose to send the manager's or cashier's check and a copy of the Notice and Order of Payment through any reliable delivery service such as PhilPost's priority or express mail service, registered mail, or any special courier service, preferably those that allow the sender to track his/her document package or parcel and to determine whether it has been successfully delivered to its intended destination.

(3) The date of sending must be clearly indicated on the document packet, envelope or package, for the purpose of reckoning compliance with the ten (10)-day period provided in the Notice.

C. Cash

Should the candidate or party prefer to settle the late penalty or administrative fine through cash, they may only do so through the following authorized COMELEC offices:

(1) Cash Division — detailed instructions on how to pay in cash to the COMELEC's Cash Division are outlined in Section 5.

(2) Offices of the Election Officer, Provincial Election Supervisor, Regional Election Director — detailed instructions on how to pay in cash to any of the COMELEC Field Offices are outlined in Section 6.

SECTION 5. Cash Payments Paid Through the Cashiers of the Cash Division. — For cash payments made directly to the cashiers of the Cash Division located at the ground floor of the COMELEC Annex Building, candidates or parties must follow the following procedures: TAaEIc

(1) As mentioned in Section 3 (C) (1), only cash payments made in person by the candidate or party treasurer, or their duly authorized representatives, will be accepted by the cashiers of the Cash Division. 

(2) Cash payments must be accompanied by an Order of Payment before the same can be accepted by the Cash Division.

(3) Upon completing the payment, the candidate or party or their duly authorized representative will be issued an Official Receipt (OR).

(4) Said Official Receipt must be presented to the CFU Office to update the candidate's or party's records.

(5) In case the candidate or party had appointed a duly authorized representative to act or transact on their behalf, the authorization letter or special power of attorney must be submitted to the CFU.

(6) The CFU, upon presentation of the Official Receipt, shall photocopy the same for its records. The original copy of the Official Receipt shall then be returned to the candidate, party or their duly authorized representative.

SECTION 6. Cash Payments Paid Through Any of the COMELEC Field Offices. — For cash payments made to any of the COMELEC's field offices, candidates or parties must follow the following procedures:

(1) As mentioned in Section 3 (C) (1) and Section 5 (1), only cash payments made in person by the candidate or party treasurer, or their duly authorized representatives, will be accepted by the COMELEC Field Offices.

(2) Cash payments must be accompanied by an Order of Payment and a copy of the Notice to Settle Late Penalty or Administrative Fine, whichever the case may be, before it can be accepted by the COMELEC Field Office.

(3) The COMELEC Field Office shall issue an Official Receipt, with the name of the candidate or party as the PAYOR.

(4) After issuance of the Official Receipt, the Field Office that collected the payment must submit a Collection Report to the CFU, in accordance with the guidelines provided in Section 6.

(5) The processing of all late penalty or administrative fine collections by the Field Office shall follow the same GUIDELINES ON THE ISSUANCE OF OFFICIAL RECEIPTS, REMITTANCE AND REPORTING OF CASH COLLECTIONS BY COMELEC FIELD OFFICES, as provided in En Banc Minute Resolution No. 14-0595 dated 19 August 2014.

SECTION 7. Field Office Collection Report; Required Contents. — Field offices shall abide by the following guidelines in the preparation of their Collection Report to the Campaign Finance Unit:

(1) The Collection Report must have a cover or transmittal Memorandum addressed to the Campaign Finance Unit listing the contents of the attached documents. A sample template of this cover or transmittal Memorandum is attached to this Resolution as Annex "1".

(2) The main body of the Collection Report must contain the following information:

a) Name of the candidate or party from whom the late penalty or administrative fine was collected from

b) Elective position sought

c) Election year when candidate or party had participated in (e.g., 2007, 2010, 2013)

d) Amount collected from the candidate or party

e) Official Receipt Number

f) Date of Payment

g) Nature of the fee charged against the candidate or party, i.e., whether the amount collected pertains to a late penalty or administrative fine

A sample template of the Collection Report is attached to this Resolution as Annex "2".

(3) The following documents must be attached to the Collection Report:

a) Photocopy the Official Receipt issued by the Field Office to the candidate or party

b) Photocopy of the Order of Payment and Notice to Settle Late Penalty or Administrative Fine

c) Photocopy of the Authorization Letter or Special Power of Attorney, only in cases where the candidate or party had appointed a duly authorized representative to act on their behalf. TCaEIc

SECTION 8. Submission by the Field Office of the Collection Report; Frequency of Collection Report Submission. — Considering the varying distances of COMELEC field offices vis-à-vis the nearest branch of LandBank of the Philippines, Election Officers, Provincial Election Supervisors, or Regional Election Directors may opt to submit weekly or bi-monthly (twice a month or once every two weeks) collection reports, depending on the required frequency of deposit provided in the GUIDELINES ON THE ISSUANCE OF OFFICIAL RECEIPTS, REMITTANCE AND REPORTING OF CASH COLLECTIONS BY COMELEC FIELD OFFICES, as provided in En Banc Minute Resolution No. 14-0595 dated 19 August 2014.

SECTION 9. Transitory Provision. — All pending issues with respect to payments made prior to the promulgation of this Resolution shall be resolved in accordance with existing policies and processes.

SECTION 10. Information Dissemination. — The Education and Information Department shall be responsible in providing the general public with copies of this Resolution upon request. The Office of the Deputy Executive Director for Operations shall disseminate this Resolution to all field offices of the Commission.

SECTION 11. Effectivity. — This Resolution shall be published in two (2) daily newspapers of general circulation and shall take effect within seven (7) days after its publication.

SO ORDERED.

(SGD.) CHRISTIAN ROBERT S. LIMActing Chairman

(SGD.) AL A. PARREÑOCommissioner

(SGD.) LUIE TITO F. GUIACommissioner

(SGD.) ARTHUR D. LIMCommissioner

ANNEX 1

[Sample template of the Field Collection Report to be submitted to the Campaign Finance Unit]

Office of the [RED/PES/CEO/MEO]

Memorandum

 

The undersigned is hereby submitting the attached Collection Report to the Campaign Finance Unit for late penalties and/or administrative fines collected by the office of the undersigned for the period of _____________ to _______________.

Copies of the following documents are likewise attached as proof of payment of the collected late penalties and/or administrative fines:

1. Photocopies of Official Receipts issued by this office

2. Photocopies of Orders of Payment

3. Photocopies of Notices to Settle Late Penalty or Administrative Fines

4. Photocopies of Authorization Letters and/or Special Power of Attorney issued by candidates and parties who had duly authorized representatives to act or transact on their behalf.

Respectfully submitted for your information and appropriate action.

[Signature]

[Name of EO/PES/RED]

[Position]

[Jurisdiction]

ANNEX 2

[Sample Collection Report Template]

Collection Report to the Campaign Finance UnitFor the Period of 01 to 07 February 2015

 

Name of	Position	Election	Amount	O.R. Number	Date of O.R.	Nature of fee
Candidate/Party		Year	collected			charged
Juan dela Cruz	Municipal Mayor	2010	10,000.00	1234567	02 Feb 2015	Admin fine
John Doe	Municipal Councilor	2013	5,000.00	8765432	05 Feb 2015	Late penalty
ABC Party	Local Political Party	2013	8,000.00	1010101	06 Feb 2015	Late penalty