(Eagle News) – Newly elected local government officials should file their Statement of Contributions and Expenses (SOCE) by June 13 with the Commission on Elections (Comelec) or they will not be able to assume office.
This was the warning from the Department of the Interior and Local Government (DILG) which stressed that the filing of the SOCE is the “first legal obligation” of the candidates who won local posts.
“We are reminding the winners to submit their SOCEs to the Commission on Elections (Comelec) this early because they may not be allowed to assume office until they have complied with this requirement,” DILG Undersecretary and Spokesperson Jonathan Malaya said.
“Filing your SOCE is your first legal obligation to the nation and to the public. It is always good to start with a clean slate and to prove that you are worthy of the votes of your constituents,” he said.
The Commission on Elections has already reminded all the candidates of the 2019 local and national elections to file their SOCE on time.
Comelec spokesperson James Jimenez said that the SOCEs should also include the candidates’ online campaign expenditures.
According to Section 14 of Republic Act 7166, “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,” it stated.
Comelec said that “pursuant to Republic Act No. 7166 all persons who filed a certificate of candidacy and all electoral parties shall file a true and correct SOCE within 30 days from Election Day.”
The deadline was initially set on June 12, but since this fell on a holiday – Philippine Independence Day – it was extended to June 13.
-Candidates who won and lost required to file SOCE – Comelec –
The Comelec said both the candidates who won and lost in the midterm elections should file their SOCEs which should be personally filed before the Comelec Campaign Finance Office in Intramuros, Manila.
It said that the late filing of SOCE may still be subject to administrative penalty.
The SOCE includes cash and in-kind contributions received by the candidate from a political party and other sources. It also includes expenditures paid out of personal funds, out of cash contributions and incurred using in-kind contributions.
Section 14 of Republic Act No. 7166 or the “Synchronized National and Local Elections and Electoral Reforms Act” states that “Every candidate and treasurer of the political party shall, within 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 required.”
Malaya says that the DILG and the Comelec had earlier forged a memorandum of agreement which states that the DILG or any of its attached agencies shall require any winning candidate to present a Certification from the COMELEC that he or she has satisfactorily complied with his SOCE obligation.
“In the absence of the Comelec certification, a newly elected official shall not be allowed to perform his/her functions as public officials. His failure to file the SOCE on time would entail a delay in public service and would cause a leadership vacuum in their respective LGUs,” he said.
The resolution further said that the office of an elected candidate who failed to file SOCE shall be considered vacant pursuant to Sec. 11 of the Omnibus Election Code until he has compiled and submitted his SOCE within the prescribed deadline, along with other Comelec requirements within the required period. After the deadline and the candidate fails to assume office, a permanent vacancy occurs for which the office shall be filled up in accordance with the Constitution or law.
“Sayang naman ang paghihirap ninyo sa kampanya kung dahil lang sa SOCE ay hindi kayo makakaupo sa posisyon. Kaya huwag na kayong magpatumpik-tumpik pa at isubmit ninyo na ang inyong SOCE sa Comelec,” said Malaya.
The DILG said that in the case of a second or subsequent failure to file his/her SOCE, the “law states that the offender shall be subject to perpetual disqualification to hold public office.”
In the same resolution, the Comelec also enumerated the administrative penalties for the elected candidate and electoral party who belatedly submitted the SOCE: P10,000 for senators, partylist organizations, and national political parties; P8,500 for provincial political parties; P8,000 for provincial governors and vice governors; P7,000 for provincial board members, congressmen, local political parties, mayors, and vice mayors; P6,000 for councilors.
The Comelec also said that candidates who submitted incomplete statements and reports will face administrative sanctions.
“An incomplete report is a report that does not contain all the required information, or does not conform to the prescribed form,” stated Comelec Resolution No. 10505.
