Comelec move to bar bets sans SOCE opposed

An election lawyer said the Commission on Elections (Comelec) has no power to declare as “nuisance candidates” in the May, 2016 elections candidates who, for the first time, failed to file statement of contributions and expenses (SOCE) for the 2013 elections or failed to pay the fines it imposed.

Atty. Romulo Macalintal said the fact that these candidates were able to run in 2013 is evident enough that they could not be treated as nuisance candidates.

“Their alleged failure to file the SOCE or failure to pay the imposed fines is not included in the definition of “nuisance candidates” under Section 69 of the Omnibus Election Code (OEC) in that their certificate of candidacy “has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of names of other candidates or no bona fide intention to run for the office,” he said in a statement.

Last week, the Comelec said it is looking at the possibility of declaring candidates that fail to file their SOCEs as nuisance bets in the next elections to show its seriousness in implementing campaign finance rules and regulations.

This was after the Comelec slapped 4,667 candidates with administrative fines for failing to file their SOCEs for the 2013 elections.

Under paragraph 4, Section 14 of Republic Act 7166, Macalintal said the Comelec may only impose a fine ranging from to on candidates who, for the first time, failed to file their SOCE and if the fine is not paid, the Comelec may issue a writ of execution against the properties of the offender.

“The Comelec cannot add to nor deduct from what is provided for by the law. It may find some gaps in the law but it is not for Comelec to supply the gaps since its function is not legislative. It is only Congress that could amend such law,” he said.

If at all, the poll lawyer said the Comelec should blame Congress for repealing the provision of the OEC imposing imprisonment and perpetual disqualification from holding public office upon any candidate who failed to file his SOCE.

“There is nothing in the law which says that the Comelec can file a motion to declare one as a nuisance candidate because in such an eventuality, the Comelec might be performing the unconstitutional function of being the complainant, prosecutor and judge rolled into one,” said Macalintal.