Comelec: Noynoy should have declared extra cash spending

(Updated 5:57 p.m.) President-elect Benigno "Noynoy" Aquino III should have disclosed how he spent money left over from campaign contributions he received, the Commission on Elections (Comelec) said on Thursday. Although Aquino remains entitled to choose how to spend the remaining contributions, he should have declared it with the poll body, especially if he used it for his campaign, Comelec spokesman James Jimenez said. Aquino received P440,050,000 in campaign contributions, of which P403,119,981.81 were supposedly spent during the whole campaign period, Comelec documents showed. His campaign spending is well within limits set by the Comelec although he received P37 million more than what he spent. The remaining balance was "fully accounted for" and was used to pay withholding tax, the printing of sample ballots, allowances for poll watchers across the country, and payment for legal fees, Aquino’s spokesman Edwin Lacierda said on Wednesday. But if the money was really spent on election-related matters, Aquino's camp should have declared it in his statement of contributions and expenditures, Jimenez said. "What they should have done is to declare that as an expenditure... why didn't they?" he told reporters in an interview on Thursday. Non-issue Aquino, however, can file a supplemental report to resolve the issue, Jimenez added. It would have been a non-issue if Aquino said that the remaining funds were spent for his personal use. "That's his money... we do not regulate even the source of the funding, we (also) cannot regulate the disposition of that," he said. But in a phone interview with GMANews.TV Friday, Lacierda, a lawyer, said Jimenez should "read the law." Lacierda said Section 102 of the Omnibus Election Code "does not require us to disclose those expenses." Under the same provision, costs covering "employment of counsel," "copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the lists," and "printing sample ballots" whose specifications and volume may be authorized by the Comelec "shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred under Sections 100 and 101 hereof." Lacierda also had some advice for Jimenez: "The best course of action is to recommend mandatory laws to Congress." Jimenez, in his interview, said there was a need to "overhaul" the rules that oversee campaign spending. "As far as campaign spending is concerned, there is a lot of room for improvement on that," he said. It would be "easier" if the Comelec had the power to "control" the source of funding, he said, adding that it was always up to Congress to amend and improve the law. Under Comelec Resolution 8944, candidates for president and vice president with political parties are only allowed to spend P10 per registered voter while other candidates also with parties may spend P3 per voter. On the other hand, candidates without the support of political parties may spend P5 for every voter. There are about 50.7 million registered voters. The resolution also said the statement must indicate the amount of contribution, the date of its receipt, and the full name and address of the person who gave the contribution. It should also state the amount of every expenditure, the date it was incurred, the full name and address of the person who paid for it, and the purpose of the expenditure. The statement should likewise indicate if there is an "unpaid obligation" to any person. Deadline extended The Comelec extended the deadline of the submission of contributions and expenditures until June 24. Failure to file the statement will constitute an administrative offense which is punishable by a fine ranging from P1,000 to P30,000 at the discretion of the Comelec. Violation of the spending limit is also an election offense, which is punishable by disenfranchisement, disqualification from holding public office, and imprisonment from one to six years. — with Jam L. Sisante, RJAB Jr./RSJ, GMANews.TV