Osmeña may be fined for failing to file poll expense report

Newly elected Senator Sergio "Serge" Osmeña III may be penalized for failing to submit a report of his campaign contributions and expenditures, the Commission on Elections (Comelec) said Thursday. Osmeña is the only winning candidate among the 18 presidential, vice presidential, and senatorial bets in the 2010 elections who failed to file their poll expense reports before the June 24 deadline, a list provided by the Comelec law department indicated. Department head Ferdinand Rafanan told GMANews.TV that Osmeña may face disqualification if he does not submit his expenditure report and pay the fine imposed on those who fail to submit the same documents. GMANews.TV is still awaiting a reply from the senator. Comelec Resolution 8944 requires candidates to submit a statement of contributions they received and expenditures they incurred during the campaign period. It says that "no person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required." 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, the resolution said. For the second offense, the punishment will be payment of a fine from P2,000 to P60,000, and perpetual disqualification from holding public office, the same resolution said. The Commission will be writing a notice to candidates who failed to submit the report, Rafanan said. Candidates who failed to submit the report on time will be given 15 days to answer the notice, then the Comelec en banc will impose their penalty, he added. It will be too late for the candidates to just submit a report now. "Magsubmit pa rin pero liable na (They can still submit but they will still be held liable)," he said. Comelec spokesman James Jimenez admitted to GMANews.TV that no candidate has yet been disqualified for failing to submit an expenditure report. Most candidates just pay the fine, he said. It is still up to the Senate if they will let Osmeña sit without filing the report, Rafanan said. “It will depend on the Senate now, on their own rules, on whether one can sit without filing a statement or not," he said. Other candidates who failed to submit the report are defeated presidential bets former Olongapo councilor John Carlos (JC) Delos Reyes (Ang Kapatiran) and Jesus is Lord (JIL) leader Eddie Villanueva (Bangon Pilipinas) and vice presidential hopeful broadcaster Jose "Jay" Sonza (Kilusang Bagong Lipunan). Likewise, defeated senatorial bets who were unable to submit their poll expense reports include Nereus Acosta, (Liberal Party), Liza Maza (Nacionalista Party), Rodolfo Plaza (Nationalist People's Coalition), Alexander Tinsay, Zafrullah Alonto, Kata Inocencio, Adz Nikabulin, Ramoncito Ocampo (Bangon Pilipinas), Hector Villanueva, Sharuff Ibrahim Albani, Alma Lood (KBL), Adrian Sison (Ang Kapatiran), Henry Buenaventura Caunan (PDP-Laban), and Jovito Palparan Jr. (independent). Comelec Resolution 8944 requires candidates for president and vice president with political parties to spend P10 per registered voter while other candidates also with parties, 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. Violation of the spending limit is an election offense, which is punishable by disenfranchisement, disqualification from holding public office, and imprisonment from one to six years. Jimenez said that candidates found to be lying on their statement may be found guilty of perjury. However, he had earlier admitted that the spending limit is outdated, "forcing" some candidates to lie about their expense reports. The statement of contributions and expenditures 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. It should likewise indicate if there is an "unpaid obligation" to any person. - RJAB Jr/KBK, GMANews.TV