With the May 13 midterm polls now over, the Commission on Elections reminded all candidates to submit their Statement of Contributions and Expenditures.
“We are reminding candidates, who ran or not, who won or lost, that they need to submit SOCE within 30 days from the end of elections or until June 12,” Comelec spokesman James Jimenez said. “Otherwise, what the law says is that they will be unable to assume their elective positions,” he added.
Based on Resolution No. 10505, the Comelec said: “No elected candidate shall enter upon the duties of office until he filed his SOCE.”
It added that the office of an elected candidate who failed to file SOCE shall be considered “vacant” pursuant to Section 11 of the Omnibus Election Code until he has complied and submitted his SOCE within six months from proclamation.
Section 11 of the OEC states that “the office of any official elected who fails or refuses to take his oath of office within six months from his proclamation shall be considered vacant.”
After the lapse of the period and the candidate fails to assume office, the Comelec said a “permanent vacancy” occurs for that office shall be filled up in accordance with the law.
According to the poll body, all candidates and parties who participated in the recent elections, regardless whether they won or lost, must file their SOCE not later than 30 days after the day of election or by June 12.
“Except for elected candidate and partylist group, the deadline shall be final and non-extendible,” the Comelec said.
It added that submissions beyond this period shall not be accepted.
The Comelec enumerated the administrative penalty for the elected candidate and electoral party that belatedly submitted the SOCE.
For senators, party-list organizations, and national political parties P10,000; for provincial political parties P8,500; for provincial governors and vice governors P8,000; for provincial board members, congressmen, local political parties, mayors, and vice mayors, P7,000; and councilors P6,000.
“Provided, that the SOCE shall be submitted within six months from the date of proclamation. Provided, further, that belated filing in two instances by an elected candidate or partylist group shall be considered to have failed to file SOCE twice. In such case, the violator shall be imposed with administrative fine…and shall be disqualified to hold public office,” the Comelec said. (Leslie Aquino)
