CEBU, Philippines - At least nine losing candidates in Cebu may be facing administrative fines for failing to submit their Statement of Contributions and Expenditures (SOCE) on Wednesday.
They are defeated gubernatorial candidates Roliveth “Klasmit Boyet” Cortes and Desiderio Estiñozo; congressional candidates Michael Nunez (first district) and Gilbert Wagas (fifth district), who replaced United Nationalist Alliance (UNA) candidate Virginia Wagas. Provincial Board candidates Alberto Patalinghug, Bernardo Desabelle, Boyet Bantilan, Edgar Maestrado and Victor Maambong for the Sangguniang Panlalawigan.
Section 14 of Republic Act No. 7166 required every candidate and treasurer of political party to file within 30 days after the day of the election their full, true and itemized statement of all contributions and expenditures in connection with the election.
Cebu acting provincial election supervisor Eliseo Labaria said hefty fines will be imposed against them for violating the law and missing the deadline of filing on June 8.
“They will be fined for failing to submit their SOCE which is required under (the) law,” he said in a phone interview.
The fines ranges from P10,000 to P60,000 depending on the position the candidate sought to be elected. Provincial candidates like the governor and vice governor who fail to submit their SOCE will be fined P25,000 for the first offense, and P50,000 for the second offense.
For representatives and Sangguniang Panlalawigan (Provincial Board Members), P20,000 and P40,000 for the first and second offense, respectively.
Any candidate who fails to submit twice shall face perpetual disqualification from running for any government position. Labaria, however, clarified that these candidates could still file their SOCEs before the Comelec central office in Manila.
“Ilaha na problema. Kay sa among level di nami modawat,” he said.
He said all winning and losing candidates were duly notified of the submission deadline even before the May 9 elections.
According to Comelec, 62 of 71 losing and winning candidates have filed their SOCEs on time.
Elected candidates who have complied with the poll body's order will be issued a Certificate of Formal Compliance, which they must submit upon assumption of office, as stated in Comelec Resolution No. 9991
The Comelec and the Department of Interior and Local Government have an agreement to disallow winning candidates who did not file their SOCEs from occupying their positions, whether local or national.
Labaria said he will personally submit SOCEs including those from municipal and city levels to Manila either this week or next week.
He said Comelec Manila will be the one to scrutinize the expenditures and if there are lacking requirements/documents, the candidates may correct them. But, they will be administratively fined. Comelec Resolution for May 9, 2016 elections, however, does not anymore allow correction and belated submission after COMELEC Resolutions Nos. 9849 and 9873, Minute Resolutions Nos. 13-0775 and 13-0823 , which allowed the belated submission, amendment and/or correction of campaign finance disclosure statements and reports and the imposition of late penalties for the 2013 National and Local Elections, have been repealed. (FREEMAN)