11212013-memorandum re submission of cfu statements and reports-1

8/12/2019 11212013-Memorandum Re Submission of CFU Statements and Reports-1

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FOR:

DATE:SUB}ECT:

Republic of the PhilippinesCOMMISSION ON ELECTIONSIntramuros, ManilaOffice of Commissioner Christian Robert S. Lim

MUUoRANDUMHoN. EsusReroa Auone-LeonlDirector IV, Laru Department/Campaign Finance UnitAn ErncrroN Orncrns21 Novnurnn 2013Ruvtsgn AovIsoRy oN THE Sunutsslorrl or CalrpArcN FlNeNcnSrernunNTs AND REPoRTS IN RELATIoN To run 28 OcronrR2013 Ban,lNGAY Erucrrorus

This updates the earlier Advisory, dated 06 November 2013, to reflect certainclarifications for the queries pertaining to the anticipated campaign financesubmissions of candidates who participated in the 28 October 2013 BarangayElections. The entirety of the 06 November 20\3 Advisory is reproduced here withthe revised portions highlighted for your easy reference:A. Deailline for submission of SOCEs andthe releoant attacheil Schedules and

other lmportantDates:Section 1.4 of Republic Act No. 71,66 requires the filing of the SOCEs withinthirty (30) days after the day of the election. As there were several barangays whichheld or will hold their elections beyond 28 October 20L3, kindly take note of thefollowing table to determine the deadline applicable to your area:

Da.TE oF BARANGAYErncuoN DE^lprNE ron SOCEFILING BY CANDIDATESDEeornE ron EOs ro

SEup DocuuENTS To THEMetN Orucr28 October 2013 (Mon) 27 November 2013 (Wed) 11 December 2013 (Wed)29 October 2013 (Tue) 28 November 2013 (Thu) L2 December 2013 (Thu)30 October 2013 (Wed) 29 November 2013 Gri) 13 December 2013 (Fri)31 October 2013 (Thu) 02 December 2013 (Mon) L6 December 2013 (Mon)

08 November 2013 (Fri) 09 December 2013 (Mon) 23 December 2013 (Mon)L4 November 2013 (Thu) 16 December 2013 (Mon) 27 December 2013 (Fri)25 November ?013 {Mon) 26 December 2013 {Thu}l ffi Ianuary 2CI14 fWed)

B. Whether Election Officers canadminister oaths for the Certificationportion ,f the SOCE anil itsattachments

Refer to COMELEC Resolutions No. 9804 (24 October 2013) and 9805 (24 October 2013). BothResolutions provide that the deadline for the submission of the SOCE, specifically for theareas of Bohol and Zamboanga, should be on 25 December 2013.


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In lieu of notaries public and other goverrunent officials authorized by law toadminister oaths, Election Officers are likewise authorized to administer oaths on allmatters related to the conduct of the barangay elections. This authority is derivedfrom Section 14 of Republic Act No. 6679, which reads:SEC. 1,4. For purposes of the barangay elections, the electionregistrars of the Commission on Elections are authorized toadminister oaths on all matters related to the conduct of saidelection.

Please be informed that the Commission issued Minute Resolution 13-1237,dated 5 November 2013, which gtants authority to the Election Officers and ActingElection Officers to administer oaths to candidates to satisfy the certificationrequirement in the SOCEs and its attachments, provided that the same shall beFREE OF CHARGE.C. Procedure for Receioing of SOCEs andAttachments by Election Officers:

Following the procedure laid out in Section 14 of Resolution No. 9616, allelection officers are required to keep a receiving logbook to record all campaignfinance submissions made by the barangay candidates within their area ofresponsibility. However, considering budget constraints, the receiving log may beprinted instead, using the attached log sheet format. The soft copy of this log sheetwill be made available online through the COMELEC website for your convenience.(See CF Receitting Logsheet.doc file)

For easy reference, the entries in the l,,qg, sheets should be goupedaccording to bar*nEay. The data for all the candidates in a particular barangayshould be written on the sarne log sheet. For example, a log sheet should onlycontain entries for all the candidates from Barangay X.At 5:01 p.m. of 27 November 2013, Wednesday, (or the subsequent days,depending on when the actual barangay election was held) the receiving log sheetshall be closed and signed by the field officers concerned. Field officers are notauthorized to receive any campaign finance submissions from candidates after theset deadline. All late submissions must be made directly to the Campaign FinanceUnit at the COMELEC Main Office, Intramuros, Manila.The COMELEC field officer in charge of receiving the SOCEs and theirattachments shall retain one (1) of the three (3) submitted copies to keep as his/heroffice's file copy. The two (2) remaining copies shall be forwarded to the CampaignFinance Unit (Law Department) while the other copy shall be forwarded to theElection Records and Statistics Department (ERSD). These two (2) copies and thereceiving log sheet must be sent by the field officers at the close of office hours of1L December 2013, Wednesday (or subsequent davs depending on actual dav ofelection).For the nine (9) barangays in the Municipality of Buldon, Maguindanaoholding their election on 14 November 2013, the Election Officer of Buldon has until27 December 2013 to forward the two (2) copies and the receiving log sheet to theMain Office.


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For the Province of Bohol and Zamboanga City, the Election Officers in theseareas have until the end of office hours on 08 ]anuary 201,4, Wednesday, to forwardthe two (2) copies and the receiving logsheet to the Main Office.

D. lssuance fCompliance: Certification fThe same procedure outlined in Section 15 of Resolution No. 9616 shall befollowed by the field officers in the issuance of Certificates of Compliance.However, in lieu of Annexes B-L or B-2 attached to Resolution No. 9616, field officersmay used the Certificate of Compliance template attached to this Advisory, which

has been revised for the Barangay Elections. (See Brgy Certificate of Compliaflce.docfilrlBefore issuing the Certificate of Compliance, please make sure that thecandidate has indeed submitted the following documents:

DOCUMENTS REMARKSAnnex B: Authorityto Incur Expenditures Submit this onlyrepresentative tobehalf.if the candidate designatedincur campaign expenses an agent orhis/hern

Annex F: Statementof Contributions &Expenditures (SOCE)The SOCE must be personally signed by the candidate. Ifcontributions & expendifures were declared, the pertinentAnnexes must accompany the SOCE, together with aPHOTOCOPY of the receipts issued to contributors, as wellas receipts or invoices gathered from expenses incurred.

Arurex G: Schedule ofContributions No need to submit this if the candidate did not receive anycontributions, whether in cash or in kind, from anyone.However, if the candidate received contributions, whetherin cash or in kind, s/he must submit a detailed Annex Gtogether with a photocopy of the receipts s/he issued tohis/her donors or contributors.Annexes H and H-L:Schedule ofExpenditures andSummary Report ofLawful Expenditures

No need to submit these if the candidate did not receivecontributions in kind or spend anything for his/hercampaign. However, if the candidate received in-kindcontributions and/or spent for his/her campaign, s/he mustsubmit these Annexes together with a photocopy of thereceipts or invoices of his/her expenses.Annex I: Schedule ofUnpaid Obligations Submit this only if the candidate has unpaid obligations oraccounts payable that are not yet settled as of the deadlinefor filing of SOCE. This must be supported/accompaniedby a photocopy of statements of accounts, billing invoices orany other similar document showing the candidate'sindebtedness.


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E. Clarificatory Guidelines on theSubmission of the SOCE nnd itsattachments:Based on the submissions made by candidates who participated in the 13

May 2013 National and Local Elections, there is a need to clarify which particularAnnexes to Resolution No. 9476 should be submitted by a candidate. The followingtable summarizes the different scenarios applicable to a barangay candidate:

Scenarios Which Annexes to File Who must sign thecertification on theAnnexesNO CONTRIBUTIONS,NO EXPENDITURES.Candidate did not receiveany cash or in-kindcontribution, and did notspend anything forhis/her campaiqn.

Annex F , also known as theStatement of Contributions &Expenditures (SOCE), indicatenone received in contributionpart none spent in expensespart.

Candidate mustpersonally sign theSOCE.

NO CONTRIBUTIONS,BUT INCURREDEXPENDITURES.Candidate did not receiveany contribution, whetherin cash or in kind, andused his/her ownpersonal funds to financehis/her campaign.

Annexes F, H & H-1. Indicatenone received in contributionspart of Annex F or the SOCE.Annexes H and H-1 must beaccompanied by only thePHOTOCOPY of receipts forexpenses made. Candidate mustretain the orieinal receipts in

Candidate mustpersonally sign theSOCE (Annex F),Schedule ofExpenditures (ArurexH), and theSummary Report ofLawful Expenditurescase the BIR will conduct an (Annex H-1).audit on the candidate.

Annex B only if the candidatedesignated an authorizedrepresentative or agent to incurexpenses on his/her behalf.

RECEIVEDCONTRIBUTIONS,INCURREDEXPENDITURES.Candidate receivedcontributions, whether incash and in kind, andincurred expenses forhis/her campaign.

Annexes F, G, H, & H-1. Th ymust be accompanied by thePHOTOCOPY of the receiptsissued by the candidate tohis/her donors and contributorsand the PHOTOCOPY of thereceipts for the expenses incurredby the candidate during his/hercampaign.Candidate may opt to file theAnnex A or the Report ofContributors on behalf of his/herdonor or contributor.Annex B only if the candidatedesignated an authorizedrepresentative or agent to incurexpenses on his/her behalf.

Candidate mustpersonally sign theSOCE (Annex F),Schedule ofContributions(Annex G), Scheduleof Expenditures(Annex H), and ttreSummary Report ofLawful Expenditures(Arurex H-1).The person whomade the donationor contribution to thecandidate must signon the Report ofContributors (AnnexA).


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F. Effect of Failure to Eile SOCE and itsattachmentsWinning candidates should be reminded to file their SOCEs and theirrelevant attachments. As provided in Section 1.4 of RA7166,2 d paragraph thereof:

No person to any public office shall enter upon the duties ofhis office until he has filed the statement of contributions andexpendifures herein required.FoR youn GUIDANCE AND STRICT CoMPLIANCE, PLEA9

CommissionerChairper son, Camp aign F inance S teerin g Committee

HRISTIAN ROTTR

11212013-memorandum re submission of cfu statements and reports-1

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