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CORPORATION CODE (BATAS PAMBANSA 68)

• SECTION 36(G) OF THE CORPORATION CODE SPECIFIES THAT COMPANIES CAN


MAKE REASONABLE DONATIONS FOR CHARITY AND FOR THE PUBLIC
WELFARE, BUT NOT “IN AID OF ANY POLITICAL PARTY OR CANDIDATE OR FOR
PURPOSES OF PARTISAN POLITICAL ACTIVITY."
OMNIBUS ELECTION CODE (BATAS PAMBANSA 881)

• SECTION 95 STATES THAT AMONG THOSE PROHIBITED FROM CONTRIBUTING


"FOR PURPOSES OF PARTISAN POLITICAL ACTIVITY" ARE:
• PUBLIC OR PRIVATE FINANCIAL INSTITUTIONS
• OPERATORS OF PUBLIC UTILITY OR THOSE IN POSSESSION OF OR EXPLOITING ANY
NATURAL RESOURCES OF THE NATION
• CONTRACTORS OR SUB-CONTRACTORS THAT SUPPLY THE GOVERNMENT WITH
GOODS OR SERVICES, OR PERFORM CONSTRUCTION OR OTHER WORKS
• GRANTEES OF GOVERNMENT-GRANTED FRANCHISES
• GRANTEES OF LOANS WORTH MORE THAN P100,000 BY THE GOVERNMENT
• EDUCATIONAL INSTITUTIONS THAT HAVE RECEIVED GRANTS OF PUBLIC FUNDS OF
MORE THAN P100,000
• OFFICIALS/EMPLOYEES IN THE CIVIL SERVICE, OR MEMBERS OF THE ARMED
FORCES OF THE PHILIPPINES
• FOREIGNERS AND FOREIGN CORPORATIONS
• CAMPAIGN OVERSPENDING IS PROHIBITED UNDER THE OMNIBUS ELECTION
CODE.
• IMPRISONMENT OF ONE TO 6 YEARS
• DISQUALIFICATION FROM HOLDING PUBLIC OFFICE
• REMOVAL OF ONE'S RIGHT TO VOTE
• AS OF JANUARY 2016, THERE WERE 1,629 OVERSPENDING CASES NATIONWIDE,
ACCORDING TO THE COMMISSION ON ELECTIONS (COMELEC), DATING BACK TO THE
2010 AND 2013 ELECTIONS.
• SUCH CASES MOVE AT A VERY SLOW PACE. HENCE, MANY CANDIDATES ARE NOT
AFRAID OF OVERSPENDING, THINKING NOBODY GETS PUNISHED ANYWAY.

• BUT IN MAY 2014, THE COMELEC EN BANC DISQUALIFIED FORMER LAGUNA GOVERNOR
EMILIO RAMON “ER” EJERCITO FOR CAMPAIGN OVERSPENDING. AND IN FEBRUARY
2015, THE SC UPHELD EJERCITO’S DISQUALIFICATION.
THE FOLLOWING DONATIONS ARE
PROHIBITED
• DONATIONS FROM FOREIGNERS, FOREIGN GOVERNMENTS, AND FOREIGN
CORPORATIONS TO BE USED FOR ELECTION CAMPAIGNS OR PARTISAN
POLITICAL ACTIVITIES.
• DONATIONS FROM PUBLIC AND PRIVATE FINANCIAL INSTITUTIONS TO BE USED
FOR PARTISAN POLITICAL ACTIVITIES.
• DONATIONS FROM EDUCATIONAL INSTITUTIONS THAT RECEIVED GRANTS OF
PUBLIC FUNDS OF P100,000 OR MORE TO BE USED FOR PARTISAN POLITICAL
ACTIVITIES.
THE FOLLOWING DONATIONS ARE
PROHIBITED
• DONATIONS FROM ANYONE WHO WAS GRANTED GOVERNMENT LOANS OR
OTHER ACCOMMODATIONS OF P100,000 OR MORE, TO BE USED FOR
PARTISAN POLITICAL ACTIVITIES.
• DONATIONS FROM OFFICIALS AND EMPLOYEES IN THE CIVIL SERVICE AND THE
ARMED FORCES OF THE PHILIPPINES, TO BE USED FOR PARTISAN POLITICAL
ACTIVITIES.
• MAKING DONATIONS UNDER SOMEONE ELSE'S NAME.
ACCEPTING DONATIONS UNDER SOMEONE ELSE'S NAME.
WHAT VOTERS AND CITIZENS CANNOT DO

• GIVING AND ACCEPTING MONEY, FREE TRANSPORTATION, FOOD, DRINKS, OR


ANYTHING OF VALUE TO BE USED FOR PARTISAN POLITICAL ACTIVITIES.
• HOLDING DANCES, LOTTERIES, COCKFIGHTS, GAMES, BOXING, BINGO, BEAUTY
CONTESTS, OR OTHER FORMS OF ENTERTAINMENT IN ORDER TO RAISE FUNDS
FOR ELECTION CAMPAIGNS OR FOR THE SUPPORT OF ANY CANDIDATE.
• SOLICITING OR ACCEPTING GIFTS, FOOD, TRANSPORTATION, CASH, OR ANYTHING
OF VALUE FROM CANDIDATES AND THEIR CAMPAIGN TEAM.
• MAKING EXPENDITURES IN SUPPORT OR IN OPPOSITION OF ANY CANDIDATE OR
PARTY WITHOUT WRITTEN AUTHORITY PRODUCED BY THE CANDIDATE, PARTY, AND
THE COMELEC.
WHAT CAN CANDIDATES AND POLITICAL PARTIES
SPEND ON DURING CAMPAIGNS?

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