REC

Republic of the Philippines re AUG

HOUSE OF REPRESENTATIVES
Quezon City

18* Congress
First Regular Session

HOUSE BILLNO._ 4091

Introduced by: HON. LORNA C. SILVERIO

EXPLANATORY NOTE

Republic Act No. 7166, otherwise known as “An Act Providing Synchronized National
and Local Elections and for Electoral Reforms, Authorizing Appropriations Therefor, and for
Other Purposes,” which took effect in 1991, limits the campaign expenditure to Php 10.00 for
President and Vice-President, Php 5.00 for political parties and independent candidates, and Php
3.00 for other candidates.

For the past twenty eight (28) years, the candidates have been experiencing difficulty in
trying to limit their spending in accordance with law since the amounts limiting their expenses as
well as their political parties remained the same. Considering the effect of inflation wherein the
prices of materials and their printing and reproduction, mass media advertisements,
transportation, and other operational expenses have been increasing at an alarming rate for the
past decades, the candidates can not take advantage of “economies of scale” as these amounts
show that the allowable limits for campaign spending are really outdated.

A concrete proof that candidates are striving to spend with the allowable amounts
provided by law is the fact that after every election, national or local, the Commission on
Elections (COMELEC) is probing more than a thousand cases of election campaign
‘overspending in courts against candidates.

One celebrated case was that of disqualified then Laguna Governor Emilio Ramon “E.R.”
Ejercito for incurring campaign expenses of more than Php6 Million for television
advertisements alone when he was allowed to spend the total amount of only around
Php4.SMillion as the Province of Laguna has only a total of 1,525,522 registered voters in 2016.

Therefore, it is deemed appropriate to address this concern by our candidates by
increasing the amount of their allowable political campaign expenditures.

In view of the foregoing, the immediate passage of this proposed measure is earnestly

Aachen

LORNA C. SILVERIO

EIVED “2\

a


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18 Congress
First Regular Session

HOUSE BILL NO. 4091

Introduced by: HON. LORNA C. SILVERIO

AN ACT INCREASING THE AUTHORIZED CAMPAIGN EXPENDITURES OF
CANDIDATES AND POLITICAL PARTIES AND DEFINING AN INDEPENDENT
CANDIDATE FOR THIS PURPOSE, AMENDING SECTION 13 OF REPUBLIC ACT NO.
7166, ENTITLED, “AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND
LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, AUTHORIZING
APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of ‘Representatives of the Philippines in Congress
Assembled:

SECTION 1. Section 13 of Republic Act No. 7166 is hereby amended to read as follows:

“Sec. 13 Authorized Expenses of Candidates and Political Parties — The aggregate
amount that a candidate or registered political party may spend for election campaign shall be as
follows:

(a) For candidates ~ [Ten] [(Php 10.00)] Fifty Pesos for President (Php 50.00); Forty

Pesos (Php 40.00) for Vice President; Thirty Pesos (Php 30.00) for Senators, District
Congressman, Governor, Vice Governor, Board Members, Mayor, Vice Mayor and
Councilors and Ten Pesos (Php 10.00) for Party List parties [and for other candidates,
Three Pesos (Php 3.00)] for every voter currently registered in the constituency where
{he] THE CANDIDATE filed [his] the certificate of candidacy: Provided, That, AN
INDEPENDENT CANDIDATE OR a candidate without any political party and
without support from any political party may be allowed to spend [Five] Forty pesos
[hp 5.00)} (Php 40.00) for every such voter; and

(b) For political parties — [Five] Thirty pesos{(PhpS.00)] (Php 30.00) for every voter
currently registered in the constituency or constituencies where it has official
candidates.

“FOR PURPOSES OF THIS ACT, AN INDEPENDENT CANDIDATE IS FURTHER DEFINED AS.
ONE WHO:

A. IS NOT NOMINATED BY A DULY REGISTERED POLITICAL PARTY OR COALITION OF
POLITICAL PARTIES OR ITS DULY AUTHORIZED REPRESENTATIVE:


B. IS ISSUED A CERTIFICATE OF NOMINATION AND ACCEPTANCE (CONA) THAT HAS
BEEN SUBMITTED BY A POLITICAL PARTY OR COALITION OF POLITICAL PARTIES
NOT DULY REGISTERED WITH THE COMMISSION ON ELECTIONS (COMELEC),

C._REPUDIATES A NOMINATION ISSUED BY A DULY REGISTERED POLITICAL PARTY
‘OR COALITION OF POLITICAL PARTIES AT ANY TIME BEFORE THE DATE OF
ELECTIONS;

D. ACCEPTS A NOMINATION FROM MORE THAN ONE DULY REGISTERED POLITICAL
PARTY FOR THE SAME CONSTITUENCY, EXCEPT IN CASES OF COALITION OF SAID
POLITICAL PARTIES;

E. FILES A CONA AFTER THE DEADLINE FOR THE FILING OF CERTIFICATE OF
CANDIDACY (COC);
F._ FILES A COC WITHOUT A CONA;

G._ IS ISSUED A CONA THAT IS SUBSEQUENTLY CANCELLED, REVOKED, WITHDRAWN,
OR SUBSTITUTED BY THE NOMINATING PARTY AT ANY TIME BEFORE THE DATE.
OF THE ELECTIONS; OR

H. IS NOMINATED BY A DULY REGISTERED POLITICAL PARTY OR COALITION OF
POLITICAL PARTIES BUT WHICH NOMINATION IS DENIED DUE COURSE BY THE
‘COMELEC.

“Any provision of law to the contrary notwithstanding, any contribution in cash or
in kind to any candidate or political party or coalition of parties for ‘campaign
Purposes, duly reported to the Commission, shall not be subject to the payment of
any gift tax”

SECTION 2. The COMELEC shall, within ninety (90) days after the effectivity of this Act,
promulgate such rules and regulations necessary to implement this Act.

SECTION 3. If any provision or part hereof is declared unconstitutional, the remainder of this
Act or any provision not affected shall remain in full force and effect.

SECTION 4. All laws, presidential decrees, executive orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.

SECTION 5. This Act shall take effect immediately after its publication in the Official Gazette
or in two (2) newspapers of general circulation.

Approved,

Bei Pleat