Friday, December 4, 2015

Prohibited Sources of Contribution - Commission on Elections

See - Prohibited Sources of Contribution :: Commission on Elections





Prohibition against soliciting or receiving political donations or contributions from certain kinds of persons or companies listed in Section 95 of the OEC:
"Sec. 95. Prohibited contributions. - No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the following:
  1. 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;
  2. Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation;
  3. 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;
  4. 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;
  5. 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;
  6. Educational institutions which have received grants of public funds amounting to no less than P100,000.00;
  7. Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; and
  8. 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."
Aside from being an election offense, the solicitation or receipt of contributions from any of the abovementioned persons is also a ground for disqualification under Section 68 (d) of the OEC.
Article IX-C Section 2 (5) of the Constitution also prohibits the acceptance of election-related financial contributions from foreign governments and their agencies by political parties, organizations, coalitions, or candidates. The second paragraph of the aforementioned section reads:
"Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law."