Article 15p. 15

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

purpose of influencing the results of the election. It shall

also include the use of facilities personally owned by the

candidate, the money value of the use of which can be

assessed based on the rates prevailing in the area.

(c)

The

term

"person"

includes

an

individual,

partnership, committee, association, corporation, and any

other organization or group of persons.

Section

95.

Prohibited

contributions.

—

No

contribution for purposes of partisan political activity shall

be made directly or indirectly by any of the following:

(a) Public or private financial institutions: Provided,

however, That nothing herein shall prevent the making of

any loan to a candidate or political party by any such

public

or

private financial institutions legally in the

business of lending money, and that the loan is made in

accordance with laws and regulations and in the ordinary

course of business;

(b) Natural and juridical persons operating a public

utility

or

in

possession of or exploiting any natural

resources of the nation;

(c) Natural and juridical persons who hold contracts

or sub-contracts to supply the government or any of its

divisions, subdivisions or instrumentalities, with goods or

services or to perform construction or other works;

(d) Natural and juridical persons who have been

granted franchises, incentives, exemptions, allocations or

similar privileges or concessions by the government or

any of its divisions, subdivisions or instrumentalities,

including government-owned or controlled corporations;

(e) Natural and juridical persons who, within one year

prior to the date of the election, have been granted loans

or other accommodations in excess of P100,000 by the

government

or

any

of

its

divisions,

subdivisions

or

instrumentalities

including

government-owned

or

controlled corporations;

(f)

Educational

institutions

which

have

received

grants

of

public

funds

amounting

to

no less than

P100,000.00;

(g) Officials or employees in the Civil Service, or

members of the Armed Forces of the Philippines; and

(h) Foreigners and foreign corporations.

It shall be unlawful for any person to solicit or receive

any contribution from any of the persons or entities

enumerated herein.

Section

96. Soliciting or receiving contributions

from foreign sources. — It shall be unlawful for any

person, including a political party or public or private

entity to solicit or receive, directly or indirectly, any aid or

contribution of whatever form or nature from any foreign

national,

government

or

entity

for

the

purposes of

influencing the results of the election.

Section 97. Prohibited raising of funds. — It shall be

unlawful

for

any

person

to

hold

dances,

lotteries,

cockfights, games, boxing bouts, bingo, beauty contests,

entertainments, or cinematographic, theatrical or other

performances for the purpose of raising funds for an

election campaign or for the support of any candidate

from the commencement of the election period up to

and

including

election

day;

or

for

any

person

or

organization,

whether

civic

or

religious,

directly

or

indirectly, to solicit and/or accept from any candidate for

public office, or from his campaign manager, agent or

representative, or any person acting in their behalf, any

gift, food, transportation, contribution or donation in cash

or in kind from the commencement of the election

period up to and including election day; Provided, That

normal

and

customary

religious

stipends,

tithes,

or

collections on Sundays and/or other designated collection

days, are excluded from this prohibition.

Section 98. True name of contributor required. — No

person shall make any contribution in any name except

his own nor shall any candidate or treasurer of a political

party receive a contribution or enter or record the same in

any name other than that of the person by whom it was

actually made.

Section 99. Report of contributions. — Every person

giving contributions to any candidate, treasurer of the

party, or authorized representative of such candidate or

treasurer shall, not later than thirty days after the day of

the election, file with the Commission a report under

oath stating the amount of each contribution, the name

of the candidate, agent of the candidate or political party

receiving

the

contribution,

and

the

date

of

the

contribution.

Section

100.

Limitations

upon

expenses

of

candidates. — No candidate shall spend for his election

campaign an aggregate amount exceeding one peso and

fifty centavos for every voter currently registered in the

constituency where he filed his candidacy: Provided, That

the

expenses

herein

referred to shall include those

incurred or caused to be incurred by the candidate,

whether in cash or in kind, including the use, rental or

hire

of

land,

water

or

aircraft,

equipment, facilities,

apparatus and paraphernalia used in the campaign:

Provided, further, That where the land, water or aircraft,

equipment, facilities, apparatus and paraphernalia used is

owned by the candidate, his contributor or supporter, the

Commission is hereby empowered to assess the amount

commensurate with the expenses for the use thereof,

based on the prevailing rates in the locality and shall be

included in the total expenses incurred by the candidate.

Section 101. Limitations upon expenses of political

parties. — A duly accredited political party may spend for

the election of its candidates in the constituency or

constituencies

where

it

has

official

candidates

an

aggregate amount not exceeding the equivalent of one

peso

and

fifty

centavos

for

every

voter

currently

registered

therein.

Expenses

incurred

by

branches,

chapters, or committees of such political party shall be

included in the computation of the total expenditures of

the political party.

Expenses incurred by other political parties shall be

considered as expenses of their respective individual

candidates and subject to limitation under Section 100 of

this Code.

Section 102. Lawful expenditures. — To carry out the

objectives of the preceding sections, no candidate or

treasurer of a political party shall, directly or indirectly,

make any expenditure except for the following purposes:

(a) For travelling expenses of the candidates and

campaign personnel in the course of the campaign and

for personal expenses incident thereto;

(b)

For

compensation

of

campaigners,

clerks,

stenographers, messengers, and other persons actually

employed in the campaign;

(c) For telegraph and telephone tolls, postage, freight

and express delivery charges;

(d) For stationery, printing and distribution of printed

matters relative to candidacy;

(e) For employment of watchers at the polls;

(f) For rent, maintenance and furnishing of campaign

headquarters, office or place of meetings;

(g) For political meetings and rallies and the use of

sound

systems,

lights

and

decorations

during

said

meetings and rallies;

(h) For newspaper, radio, television and other public

advertisements;

(i) For employment of counsel, the cost of which shall

not be taken into account in determining the amount of

expenses which a candidate or political party may have

incurred under Section 100 and 101 hereof;

(j)

For

copying

and

classifying

list

of

voters,

investigating and challenging the right to vote of persons

registered in the lists the costs of which shall not be taken

into account in determining the amount of expenses

© Compiled by RGL

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