General Instructions for the Implementation of Campaign Finance Laws as Provided in Resolution No. 9476, as Amended

January 16, 2013

COMELEC RESOLUTION NO. 9616

GENERAL INSTRUCTIONS FOR THE IMPLEMENTATION OF CAMPAIGN FINANCE LAWS AS PROVIDED IN RESOLUTION NO. 9476, 1 AS AMENDED 2 IN CONNECTION WITH THE 13 MAY 2013 NATIONAL AND LOCAL ELECTIONS AND ALL SUBSEQUENT ELECTIONS THEREAFTER

Pursuant to Sections 26 and 27 of Article II and Sections 2 and 4 of Article IX-C of the Philippine Constitution and the powers vested in this Commission by Batas Pambansa Bilang 881, as amended ("Omnibus Election Code" or "OEC"), Republic Act No. 7166, and other election laws, the Commission on Elections hereby resolves to promulgate the following General Instructions for the Implementation of Campaign Finance Laws as embodied in Resolution No. 9476, as amended ("Campaign Finance Rules"): HDTCSI

SECTION 1. Designation of the Campaign Finance Unit. — For purposes of the 13 May 2013 National and Local Elections, the Law Department is hereby designated as the Campaign Finance Unit ("Unit"). The Director of the Law Department shall designate employees within the department to perform the duties and functions of the Campaign Finance Unit, including coordination and liaison with the Commission's field officers responsible for implementing these general instructions as identified in the following section.

SECTION 2. Officers Responsible for Implementing Campaign Finance Laws and the Fair Election Act. — In addition to the members of the Campaign Finance Unit, the offices specified and designated by Section 3 of Resolution No. 9518 3 to receive Certificates of Candidacy shall likewise be responsible for the implementation of these general instructions. The following officers are hereby designated as point persons for the candidates and parties, depending on the elective position sought and constituency of the party, to wit:

Officers/Office	Elective Positions/Parties
Campaign Finance Unit	1.	Senators
	2.	National Political Parties
	3.	Party-List Organizations
Regional Election Director,	1.	Members of the House of Representatives
National Capital Region (NCR)		in the NCR
	2.	Regional Political Parties with the entire
		NCR as their constituency
Regional Election Directors	Regional Political Parties
concerned
Provincial Election Supervisor	1.	Members of the House of Representatives
concerned		of legislative districts in provinces
	2.	Provincial officials (governor, vice
		governor, provincial board members)
	3.	Provincial Political Parties
City Election Officer	1.	Members of the House of Representatives
concerned designated for the		for legislative districts in cities outside the
purpose by the Regional		NCR which comprise of one or more
Election Director		legislative districts
(copies of the designation of
the Election Officer concerned	2.	City officials of cities with more than one
shall immediately be		Election Officer
submitted to the Unit)
	3.	Local Political Parties with constituencies
		in cities
City/Municipal Election	City/Municipal Officials (mayor, vice mayor,
Officer concerned	councilors)
Regional Election Director for	1.	ARMM Governor and Vice-Governor
ARMM
	2.	Regional Political Parties with the entire
		ARMM region as their constituency
ARMM Provincial Election	1.	Members of the ARMM Regional
Supervisor concerned		Legislative Assembly
	2.	Provincial Polities Parties in ARMM

 The Regional Election Directors shall ensure that COMELEC personnel under their supervision have faithfully performed their duties and functions as provided in Section 4 of this Resolution.  

SECTION 3. Supervision and Control. — In addition to its policymaking powers and functions, the Ad Hoc Campaign Finance Steering Committee ("Committee"), as constituted by the Commission's En Banc Minute Resolution No. 11-0538 dated 17 May 2011, shall supervise and oversee the implementation of these general instructions by the Campaign Finance Unit and the Commission's field officers.

SECTION 4. Duties and Functions of the Members of the Campaign Finance Unit and Field Officers. — In addition to Section 1 of Rule 2 of the Campaign Finance Rules, the members of the Unit and the field officers shall also have the following duties and functions:

(a) Send a written reminder within five (5) days after the day of the elections to all candidates, political parties, and party-list organizations within their areas of responsibility as delineated in Section 2 of this Resolution, informing them of their obligation to submit in triplicate all their campaign finance disclosure statements as required by law and in accordance with the Campaign Finance Rules. (Reminder template attached to this Resolution as Annex "A")

(b) Conduct price surveys in their respective areas, which will serve as bases to determine the prevailing rates of products, services, lease of property commonly used or availed of in the conduct of various campaigning activities, such as but not limited to:

1) Printing of tarpaulins and posters (price per square feet)

2) Lease of event venues for public rallies and other similar events (rental fee per hour) DAaIHT

3) Lease of sound/public announcement system, mobile generators, lighting, tents, and other stage equipment

4) Use of mobile advertising/announcement service (recorrida)

5) Rental or hire of land transportation, water or aircraft

6) Other products, services, and forms of entertainment commonly availed of in campaign activities.

(c) Monitor political rallies, public meetings, and other similar gatherings for possible violations of election laws and observe the conduct thereof as bases to determine the veracity of the candidates' or parties' declarations in their Statements of Expenses on Public Rally;

(d) Monitor and report to the Unit any activity, act or omission which have been prohibited and declared unlawful by law, including those identified listed in Resolution No. 9385 4 or any future Resolutions which the Commission may promulgate in relation to an election;

(e) Coordinate with personnel of deputized agencies of the Commission, accredited citizens' arms, and civil society partners and request for their assistance, when necessary, to exercise the powers and perform the functions specified herein and in all other issuances of this Commission pertaining to campaign finance;

(f) Issue notices to remove campaign materials to candidates and/or parties whose campaign materials are posted in public places or places not authorized as common poster areas;

(g) Receive statements, reports, notices and other disclosure documents pertaining to campaign finance and ensure that the said submissions conform to the requirements set in the Campaign Finance Rules;

(h) Issue certificates of compliance to candidates, political parties, and party-list organizations that submitted their campaign finance disclosure statements and reports pursuant to the Memorandum of Agreement between the Commission and the Department of the Interior and Local Government 5 on the implementation of Section 14 of Republic Act No. 7166; 6

(i) Perform other functions as ordered by the Commission through the Committee.

SECTION 5. Campaign Period. — For purposes of the 13 May 2013 National, Local and ARMM Elections, the campaign periods of the various elective offices are as follows:

Elective Office	Start	End
Candidates for Senator &	12 February 2013	11 May 2013
Party-List groups participating	(Tuesday)	(Saturday)
in the party-list system of
representation
Candidates for Members of the	29 March 2013	11 May 2013
House of Representatives,	(Friday)	(Saturday)
regional, provincial, city and
municipal officials

SECTION 6. Monitoring Activities During the Campaign Period. — At the start of the campaign period, field officers shall conduct the following monitoring activities:

(a) Monitoring of Public Rallies and Meetings. — Upon receipt of information or notice of a public rally or meeting, the field officer, with the assistance of civil society groups and accredited citizens' arms if available, shall conduct an ocular inspection of the premises where the rally or meeting is to be held during the rally/meeting proper. During the said ocular inspection, the field officer or monitor assigned to the event shall accomplish under oath the Monitoring Checklist form attached to this Resolution as Annex "C". Field officers, with the assistance of accredited citizens' arms and civil society partners, shall endeavor to monitor every public rally or meeting held within their respective localities. Monitoring checklists that are not duly accomplished under oath shall not be used as basis for any action by the Commission. DCESaI

(b) Continuous monitoring and compliance check of campaign materials within their areas of responsibility. — The field officer shall take note of the various election propaganda posted by candidates and parties and where these materials are posted to determine compliance with the Fair Election Act/Republic Act No. 9006. Should there be any election propaganda posted outside of the designated common poster areas, in the prohibited public places or on private property without the consent of the property owner, the field officer shall issue a notice to remove the said campaign materials, using Annex "D" as the template. To facilitate this process, accredited citizens' arms and civil society partners may assist in the monitoring and report non-compliant election propaganda to the field officer concerned. Should the candidate or party fail to comply with the notice of removal within three (3) days from receipt thereof, the field officer shall note the quantity and description of the election propaganda and include the said information in their report to the Unit.

In relation to the monitoring activity as described under (a), field officers shall submit to the Unit the accomplished and duly sworn monitoring checklists, together with the Statement of Expenses on Public Rally 7 of the candidate or party whose event was the subject of the monitoring checklists, within ten (10) working days after the holding of the public rally or meeting.

In relation to the monitoring activity as described in (b), field officers must submit to the Unit their reports on candidates and parties who failed to remove their election propaganda despite notice, together with the quantity and description of the election propaganda, within ten (10) working days after confirming that the election propaganda has not been removed within the three (3) day period given to the candidate or party to do so.

SECTION 7. Unlawful Acts, Omissions and Activities Related to Campaign Finance and the Fair Election Act. — The following acts or omissions are deemed unlawful and punishable as election offenses and any occurrence thereof must be immediately reported to the Unit in the timeliest and fastest means possible:

 SECTION 8. Initiation of Complaint. — Complaints for election offenses such as those listed above may be initiated motu proprio by the Commission through the Committee, or upon written complaint by any citizen of the Philippines, candidate, registered political party, coalition of political parties or organizations under the party-list system or any accredited citizens' arms of the Commission.

SECTION 9. Motu Proprio Complaints. — In cases where field officers or Unit members personally witnessed the commission of election offenses, they shall report the same through the execution of a complaint affidavit and submit the said affidavit to the Unit. If there is strong evidence to support a finding that an election offense has been committed, the Unit shall submit its findings, reports, and other documentary evidence to the Committee. Should the Committee agree with the findings of the Unit, it shall refer the same to the Investigation and Prosecution Division of the Law Department for preliminary investigation and prosecution. [Complaint-Affidavit template attached to this Resolution as Annex "E"]

 SECTION 10. Form of Complaint and Where to File. — When not initiated motu proprio by the Commission, the complaint must be verified and supported by affidavits and/or any other evidence. Complaints may be filed with the Law Department, with the offices of the Provincial Election Supervisor or the Regional Election Director assigned to the area where the election offense was committed, or with the COMELEC-DOJ Special Task Force as created by Resolution No. 9584. 9 [Complaint-Affidavit template attached to this Resolution as Annex "E"]

SECTION 11. Evidence to Support Complaint. — In addition to the sworn affidavits of witnesses and other traditional forms of documentary evidence, this Commission shall also accept photographic and video evidence, subject to the following conditions:  

 (a) Still photographs taken with the use of a traditional film camera or a digital camera must be printed and attached to the complaint; Provided, that such photographs must be identified, explained and authenticated by the person who took the same through the execution of a sworn affidavit attesting to the circumstances under which he or she has taken the photographs. [Sworn Affidavit template is attached to this Resolution as Annex "F"]

(b) For video recordings, the same must likewise be identified, explained and authenticated by the person who made the recording through the execution of a sworn affidavit to that effect. [Sworn Affidavit template is attached to this Resolution as Annex "F"] 

 The electronic file copies of the photographs or video recordings must be stored in a portable storage medium such as a compact disc and submitted together with the complaint.

SECTION 12. Investigation and Prosecution Procedure to be Adopted. — Whether initiated through a verified complaint or motu proprio, the Rule on Prosecution of Election Offenses or Rule 34 of the COMELEC Rules of Procedure shall apply.

SECTION 13. Deadline for Submission of Statement of Election Contributions and Expenditures. — For purposes of the 13 May 2013 National and Local Elections, the deadline for the submission of Statements of Contributions and Expenditures and its Annexes is hereby set on 13 June 2013, Thursday, at 5:00 p.m.

SECTION 14. Procedure for Receiving of Campaign Finance Submissions. — Field officers are required to keep a receiving logbook, where the following information is to be recorded: 

(1) Name of the person filing the campaign finance statements and reports ("filer"); EDSHcT

(2) Relationship of the filer to the candidate or party;

(3) Contact information of the filer;

(4) Name of candidate or party;

(5) Date and time of receipt; and

(6) Listing of documents received.

At 5:01 p.m. of 13 June 2013, Thursday, the receiving logbook shall be closed and signed by the field officers concerned. Field officers are not authorized to receive any campaign finance submissions from candidates and/or parties after the set deadline. All late submissions must be made directly to the Unit at the COMELEC Main Office, Intramuros, Manila.

The COMELEC field officer in charge of receiving the statements shall retain one (1) copy. Of the remaining two (2) copies one shall be forwarded to the Unit together with the receiving logbook and the other to the Election Records and Statistics Department (ERSD). These two (2) copies and the receiving logbook must be sent by the field officers on or before 5:00 p.m. of 21 June 2013, Friday.

 SECTION 15. Issuance of Certification of Compliance. — Upon the submission of the Statement of Contributions and Expenditures and its Annexes, the candidate/party treasurer who filed the same may request for the issuance of a certification attesting to the receipt of the said documents by the receiving officer. The COMELEC field officer issuing the Certificate of Compliance shall use Annex B-1 or B-2, depending on the requesting party. Before releasing the Certificate of Compliance to the requesting party, the field officer shall reproduce one copy which will serve as the receiving copy, wherein he/she must note the name of the requesting party, the date and time when the requesting party had received the Certificate of Compliance. The requesting party must then affix his/her signature on the receiving copy of the Certificate to acknowledge that he/she had received the original copy thereof.

Should the election results already be available at the time the campaign finance disclosure statements and reports were being filed, the COMELEC field officer shall automatically issue a Certificate of Compliance to the winning candidates and their political parties upon their submission of the same, following the same procedure for releasing the Certificates of Compliance as described in the previous paragraph of this Section.

The issuance of the Certificates of Compliance shall be free of charge for the first original copy. Field officers are hereby authorized to charge a certification fee of One Hundred Pesos (PhP100.00) per additional copy.

SECTION 16. Initial Compliance Check by the Unit of All Statements, Reports, Schedules and Other Disclosure Statements. — Upon receipt of the campaign finance disclosure statements and reports, the Unit shall check the submissions vis-à-vis the certified list of candidates, political parties, and party-list organizations that participated in the 2013 elections. After identifying those candidates and parties that failed to file their statements, the Unit shall: 

 (a) Submit to the Committee the list of non-compliant candidates, political parties, and party-list organizations;

(b) Issue show cause orders to the said non-compliant candidates and parties requiring them to explain why they failed to submit their campaign finance disclosure statements;

(c) Recommend to the Committee the imposition of administrative fines and/or the filing of disqualification cases on non-compliant candidates and parties;

(d) Digitize all submitted disclosure statements and generate electronic copies thereof, which may be made available to the public through the COMELEC website;

(e) Provide electronic copies of all campaign finance disclosure reports and statements to the Bureau of Internal Revenue, the Anti-Money Laundering Council, the Office of the Ombudsman, and Commission on Audit. cHaICD

SECTION 17. Provision of Copies of Advertising Contracts or Broadcast Orders by EID to the Unit. — The Education and Information Department (EID) shall provide copies of the advertising contracts and/or broadcast orders received by it from mass media entities to the Unit within ten (10) days from the day of the election.

SECTION 18. Analysis of the Campaign Finance Disclosure Statements. — After the initial compliance check, the Unit shall analyze and determine the veracity of the contents of the various campaign finance disclosure reports and statements submitted to it as compared with other documents available to the Commission, such as the advertising contracts and/or broadcast orders and logs submitted to the EID by mass media entities. Depending on the results of the preliminary analysis, the Unit shall: 

(a) Recommend to the Committee the conduct of preliminary investigation on contractors, business firms, and contributors who failed to submit the required disclosure reports;

(b) Recommend to the Committee the issuance of letters of authority to conduct field inspections of the records of expenditures and contributions of candidates and/or parties whose disclosure statements contain discrepancies;

(c) Request the assistance of accredited citizens' arms, civil society partners, and deputized law enforcement agencies to determine the veracity of the contents of the campaign finance disclosure statements.

 SECTION 19. Enforcement of Resolution No. 9585, Otherwise Known as the Rules and Regulations Governing Ban on Public Works and Release, Disbursement and Expenditures of Public Funds, Construction of Public Works, Delivery of Materials for Public Works and Issuance of Treasury Warrants and Similar Devices in Connection with the 13 May 2013 Automated Synchronized National, Local and ARMM Elections. — The Unit, in coordination with the COMELEC field officers, shall receive and compile the lists of authorized public works projects to be submitted by the Secretary of Public Works and Highways, provincial governors, city/municipal mayors and punong barangays in relation to national, provincial, city/municipal and barangay public works — as mandated by Section 3 of Resolution No. 9585. As the custodian of the said lists, the Unit is hereby authorized to issue Certificates of Exception to parties who may request for them, upon payment of a certification fee of Five Hundred Pesos (PhP500.00). Before releasing the Certificate of Exception to the requesting party, the certifying officer shall reproduce one copy which will serve as the receiving copy, wherein he/she must note the name of the requesting party, the official receipt number and date the certification fee was paid, and the date when the requesting party had received the Certificate of Exception. The requesting party must then affix his/her signature on the receiving copy of the Certificate to acknowledge that he/she had received the original copy thereof.

SECTION 20. Deputation of the Commission on Audit (COA) and Bureau of Internal Revenue (BIR) to Conduct Field Audit/Inspection. — Pursuant to the Commission's visitorial power to inspect the records of contributions and expenditures together with all pertinent documents of candidates and parties, the Commission hereby deputizes the COA and the BIR to assist the Committee in the exercise of this power. Before conducting a visit to the office of the candidate or party concerned, a letter of authority must be issued by the Committee informing the candidate or party of the Commission's intent to inspect their records and who will be conducting the inspection. 

 SECTION 21. Deputation of Law Enforcement Agencies to Assist in the Implementation of These General Instructions. — Pursuant to the deputation of the Department of the Interior and Local Government, the National Police Commission, the Philippine National Police and other Law Enforcement Agencies as embodied in Resolution No. 9571 10 promulgated by the Commission on 06 December 2012, the said agencies are likewise directed to assist in the implementation of these General Instructions.

SECTION 22. Deputation of the Anti-Money Laundering Council. — In anticipation of the increased economic activity that usually occur during every election, the Anti-Money Laundering Council is hereby deputized to monitor and ensure that proceeds from unlawful activities as enumerated in Section 3 (i) of Republic Act No. 9160, 11 as amended by Republic Act No. 9194, are not used to commit money laundering as defined in Section 4 of the same law, in the guise of campaign contributions and expenditures during the campaign period. 

 SECTION 23. Separability Clause. — If any part of this Resolution is declared unconstitutional, the remaining part not affected thereby shall remain valid and effective.

SECTION 24. Effectivity. — This Resolution shall be published in two (2) daily newspapers of general circulation and shall take effect on the seventh (7th) day following its publication. EcSCAD

   SECTION 25. Dissemination. — The Education and Information Department of this Commission is directed to cause the publication of this Resolution and disseminate the same to all COMELEC field offices. The Clerk of the Commission shall furnish copies of this Resolution to the:

(a) Office of the President

(b) Department of the Interior and Local Government

(c) Department of Public Works and Highway

(d) Department of Justice

(e) Department of Social Welfare and Development

(f) Department of Budget and Management

(g) Commission on Audit

(h) Bureau of Internal Revenue

(i) Anti-Money Laundering Council

SO ORDERED.

  (SGD.) SIXTO S. BRILLANTES, JR.Chairman

(SGD.) RENE V. SARMIENTOCommissioner

(SGD.) LUCENITO N. TAGLECommissioner

(SGD.) ARMANDO C. VELASCOCommissioner

(SGD.) ELIAS R. YUSOPHCommissioner

(SGD.) CHRISTIAN ROBERT S. LIMCommissioner

(SGD.) MARIA GRACIA CIELO M. PADACACommissioner

ANNEX A

 [Sample template of the written reminder for candidates & party treasurers to file their or their parties' disclosure statements and reports]  

Republic of the Philippines

Commission on Elections

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

[City/Municipality/Province/Region]

Date: [Within 14-18 May 2013 only]

[Name of Candidate or Party Treasurer]

Candidate for [Elective Position Sought]/Name of Party

[Candidate/Party's Headquarters Address]

Dear Sir/Madam:

Greetings!

Pursuant to Paragraph 6 of Section 14, Republic Act No. 7166, the undersigned [RED/PES/EO] is hereby reminding you to comply with your obligation to file your Statement of Contributions and Expenditures and all its required attachments with this office on or before Thursday, 13 June 2013. Failure to file the said Statement within the period provided shall subject you to the penalties provided for under Section 14 of Republic Act No. 7166.

Kindly refer to COMELEC Resolution No. 9476 for the Rules and Regulations Governing Campaign Finance and Disclosure for instructions on how to file the disclosure statements. The said Rules contain as annexes the prescribed forms that should be used in filing your statements and reports. Please note that incomplete reports and statements that do not contain all the required information, or those that do not follow the prescribed forms, shall be considered as not filed and will likewise subject you to the penalties as specified above.

Respectfully yours,

[Name of EO/PES/RED]

[Position]

[Jurisdiction]

ANNEX B-1

 [Sample template of the Certification to be issued to candidates when they have filed their disclosure statements and reports]

Certificate of Compliance

This is to certify that ____________________ (name of candidate), who is a candidate for ___________________ (elective position sought) of the Municipality/City/Province/Region of _________________ and nominated by ___________________ (name of political party, write "independent" if candidate has no political party), has duly submitted the following campaign finance statements/reports in connection with his/her campaign for the 13 May 2013 elections: 

	Annex	Document Title
___	B	Authority to Incur Election Expenditures
___	F	Statement of Election Contributions & Expenses
___	G	Schedule of Contributions Received
___	H	Schedule of Expenditures
___	H-1	Summary Report of Expenditures
___	I	Schedule of Unpaid Obligations

 

[Put a "/" only for those documents actually submitted by the candidate; use "x" if not submitted]

The documents listed above were received by the office of the undersigned on ___________________ (date of receipt).

This Certification is issued merely to attest to the receipt of the above-named candidate's campaign finance statement and reports.

Issued this _____ day of ____________, 2013.

[Signature]

[Name of EO/PES/RED]

[Position]

[Jurisdiction]

[NOTE to EO/PES/RED: Please reproduce one (1) copy of this Certification after printing & signing the same to serve as your office's receiving copy. Kindly note in the receiving copy the name of the requesting party, official receipt (OR) number/date paid, and the date the certification was received by the requesting party, together with the latter's signature acknowledging receipt of the certification.]

ANNEX B-2

[Sample template of the Certification to be issued to party treasurers of political parties & party-list organizations when they have filed the party's disclosure statements & reports]

Certificate of Compliance

This is to certify that _________________ (name of treasurer), who is the party treasurer for _____________________ (name of political party/party-list organization), with a constituency based in the Municipality/City/Province/Region of _________, has duly submitted the following campaign finance statements/reports in connection with the party's campaign for the 13 May 2013 elections:

	Annex	Document Title
___	B	Authority to Incur Election Expenditures
___	F	Statement of Election Contributions & Expenses
___	G	Schedule of Contributions Received
___	H	Schedule of Expenditures
___	H-1	Summary Report of Expenditures
___	I	Schedule of Unpaid Obligations

 

[Put a "/" only for those documents actually submitted by the party treasurer; use "x" if not submitted]

The documents listed above were received by the office of the undersigned on __________________ (date of receipt).

This Certification is issued merely to attest to the receipt of the above-named party's campaign finance statement and reports.

Issued this _______ day of _____________, 2013.

[Signature]

[Name of EO/PES/RED]

[Position]

[Jurisdiction]

[NOTE to EO/PES/RED: Please reproduce one (1) copy of this Certification after printing & signing the same to serve as your office's receiving copy. Kindly note in the receiving copy the name of the requesting party, official receipt (OR) number/date paid, and the date the certification was received by the requesting party, together with the latter's signature acknowledging receipt of the certification.]

ANNEX C

[Monitoring Checklist for internal use by Election Officers and Volunteer Monitors in their field observation of campaign activities]

Campaign Monitoring Checklist 

ANNEX D

[Notice to Remove Campaign Materials template to be given to candidates and/or parties whose campaign materials are found outside the authorized common poster areas or within the prohibited public areas]

Notice to Remove Campaign Materials

Date: [date campaign material spotted]

[Name of Candidate or Party Treasurer]

Candidate for [Elective Position Sought]/Name of Party

[Candidate/Party's Headquarters Address]

Dear Sir/Madam:

This pertains to the campaign materials promoting your candidacy/party which contains the following images/names/messages:

Material size : [ex. 2 feet by 3 feet, portrait orientation] DSHcTC

Description : [ex. Full color print on poster paper/tarpaulin]

Images of  : [ex. Juan dela Cruz, John Doe, Jane Doe]

Message : [ex. "Vote Juan dela Cruz for Mayor!"]

[if the image was photographed, the photograph may be inserted or placed here]

Said material/s was/were found on ____________________________ [place/address where the materials were found, ex. Electric post at the corner of Main Avenue and 1st Street]. This location where the campaign materials were found is: [place a "/" in the box whichever is applicable]

[ ] Not a COMELEC-designated common poster area.

[ ] A public place where posting of campaign materials is prohibited.

You are hereby ordered to remove the said campaign materials, regardless of whoever was responsible for posting the same, within three (3) days from receipt of this notice. Failure to do so will give rise to the presumption that you/your party were responsible for posting the said materials. In addition to the filing of election offense charges, the cost of the said materials will be assessed according to the prevailing market rate and will be included in your list of expenditures.

Issued this ____ day of ____________, 2013.

[Signature]

[Name of EO/PES/RED]

[Position]

[Jurisdiction]

[Please note the date when this notice was received & who received it.]

ANNEX E

 [Complaint-affidavit template to guide potential complainants in the drafting of their complaints]  

Republic of the Philippines)City of ________________) S.S.

Complaint

I, ___________________ (name of complainant), of legal age, Filipino, residing at __________________________ (address of the complainant), hereby accuses __________________________ (name of respondent/s) of violating __________________ (offense and provision of law alleged to have been violated), committed as follows:

That on or about _________________ (date and time), in _______________________ (place where the offense was committed), the said accused __________________________________________________ (description of the unlawful acts, omissions, activities that constitute the offense charged).

That the said act/omission was likewise witnessed by ______________________ (names of witnesses), whose testimonies, in the form of sworn statements, are attached to this complaint as Annexes "__" and "__".

I have hereunto set my hand this ______ of _____________, 2013, at the City of ___________.  

(Signature of Complainant)

[Name of Complainant]

COMPLAINANT

SUBSCRIBED AND SWORN to before me, this _____, day of _______________, 2013 by _________________ (name of affiant) who exhibited to me his/her ______________________ (competent evidence of identity) with number ______________, issued at ___________________ (issuing agency and its location), Philippines on _________________ (date of issue), with date of expiry on ____________________.

NOTARY PUBLIC

Doc. No.Page No.Book No.Series of 2013.

ANNEX F

[Affidavit template of Photographer/Videographer attesting to the circumstances under which the photographs or videos were taken]

Republic of the Philippines)City of ________________) S.S.

Affidavit

I, _____________________ (name of photographer/videographer), of legal age and residing at _______________________________ (address), after having been duly sworn to according to law hereby depose and state that:

1. On ____________ (date) at _____ (time), I was at the ____________________________________ (location where the photograph/video was taken and the reason why photographer/videographer was at the said location); DAETcC

2. I saw ________________________________ (description of the acts/omissions that constitute the election offense) and took photographs/recorded the proceedings/incident as they occurred;

3. [description/explanation of the photographs/videos and identification of the subjects captured therein]

4. The photographs/videos that I have taken are accurate depictions of the events sought to be portrayed.

5. Knowing the same acts/omissions are unlawful, I reported the same to the _________________________________________ (election officer's name and position/area of assignment) and provided him/her with a copy of the photographs/videos.

6. I am executing this affidavit freely and voluntarily to attest to the truth of the foregoing circumstances and the authenticity of the photographs/videos being submitted to support the complaint filed against _________________ (name of respondents) by ________________________ (name of complainant).

I have hereunto set my hand this ____ of _____________, 2013, at the City of ________________.

(Signature of Affiant)

[Name of Affiant]

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____ day of _______________, 2013 by _________________ (name of affiant) who exhibited to me his/her ______________________ (competent evidence of identity) with number ______________, issued at ___________________ (issuing agency and its location), Philippines on _________________ (date of issue), with date of expiry on ____________________.

NOTARY PUBLIC

Doc. No.Page No.Book No.Series of 2013.

Footnotes

1. Entitled "RULES AND REGULATIONS GOVERNING CAMPAIGN FINANCE AND DISCLOSURE IN CONNECTION WITH THE 13 MAY 2013 NATIONAL AND LOCAL ELECTIONS AND SUBSEQUENT ELECTIONS THEREAFTER." Promulgated 22 June 2012.

2. Entitled "IN THE MATTER OF AMENDMENTS TO RESOLUTION NO. 9476, ALSO KNOWN AS THE RULES AND REGULATIONS GOVERNING CAMPAIGN FINANCE AND DISCLOSURE." Promulgated 23 November 2012.

3. Entitled "GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY AND NOMINATION AND ACCEPTANCE OF OFFICIAL CANDIDATES OF REGISTERED POLITICAL PARTIES OR COALITION OF POLITICAL PARTIES IN CONNECTION WITH THE MAY 13, 2013 AUTOMATED SYNCHRONIZED NATIONAL, LOCAL AND ARMM REGIONAL ELECTIONS." Promulgated 11 September 2012.

4. Entitled "CALENDAR OF ACTIVITIES AND PERIODS OF CERTAIN PROHIBITED ACTS IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS", promulgated 03 April 2012.

5. The main provision in the COMELEC-DILG Memorandum of Agreement reads:

"Before administering an oath of office to any winning candidate or allowing a winning candidate assumption into office, the DILG or any of its attached agencies shall require him/her to present a Certification from the COMELEC that he or she have satisfactorily complied with his or her obligation under Section 14 of Republic Act No. 7166 by filing his or her Statement of Contributions and Expenditures with the COMELEC. Absent this Certification, the winning candidate cannot enter into the execution of his or her office pursuant to Paragraph 2 of the same provision of law."

6. Section 14 of Republic Act No. 7166 reads:

"Section 14. Statement of Contributions and Expenditures; Effect of Failure to File 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 statements or reports in connection with electoral contributions and expenditures as required herein within the period prescribed by this Act.

Except candidates for elective barangay office, failure to file statements or reports in connection with electoral contributions and expenditures as 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."

7. Candidates and parties are required to submit to the election officer concerned statements of expenses incurred in connection with the public rallies or meetings they may hold during the campaign period. See Rule 4, Section 7 of the Campaign Finance Rules.

8. Entitled "RULES AND REGULATIONS GOVERNING THE BAN ON PUBLIC WORKS AND RELEASE, DISBURSEMENT AND EXPENDITURES OF PUBLIC FUNDS, CONSTRUCTION OF PUBLIC WORKS, DELIVERY OF MATERIALS FOR PUBLIC WORKS AND ISSUANCE OF TREASURY WARRANTS AND SIMILAR DEVICES IN CONNECTION WITH THE 13 MAY 2013 AUTOMATED SYNCHRONIZED NATIONAL, LOCAL AND ARMM REGIONAL ELECTIONS." Promulgated 18 December 2012.

9. Entitled "In the Matter of Requesting the Honorable Secretary of Justice to Assign Prosecutors as Members of a Special Task Force Created by the Commission to Conduct the Investigation and Prosecution of Election Offenses in Connection with the 13 May 2013 Automated Synchronized National, Local and ARMM Regional Elections." Promulgated 18 December 2012.

10. Entitled "DEPUTATION OF THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, INCLUDING THE PHILIPPINE NATIONAL POLICE, AND OTHER LAW ENFORCEMENT AGENCIES TO ENSURE HONEST, ORDERLY, PEACEFUL AND CREDIBLE CONDUCT OF THE MAY 13, 2013 AUTOMATED NATIONAL AND LOCAL ELECTIONS." Promulgated 06 December 2012.

11. Otherwise known as the Anti-Money Laundering Act of 2001.