SC: Comelec cannot extend SOCE submission deadline

The Commission on Elections (Comelec) cannot extend the deadline for the submission of the statements of contributions and expenditures (SOCEs) of candidates and political parties, according to the Supreme Court.

In a 19-page decision promulgated in October 2021 but released only recently, the Supreme Court En Banc declared void Comelec Resolution No. 10147, which extended the deadline for the filing of SOCEs in 2016. 

“Clearly, the Comelec committed grave abuse of discretion in issuing the assailed resolution,” the Court said.

“The arbitrary extension of the deadline for the submission of the SOCEs effectively condoned the erring candidates and political parties from the administrative liabilities even if the law does not provide any exempting circumstance,” it added.

However, the High Court said the SOCEs submitted in the 2016 national and local elections were deemed timely filed as the candidates acted in good faith.

“They honestly believed on the resolution that that was issued pursuant to the Comelec’s rule-making authority,” it said.

In response, Comelec spokesperson Rex Laudiangco said they would abide by the decision of the SC. 

''As Comelec [has] consistently done, we will abide [by] and comply with the decision of the highest court. We likewise thank the Honorable Supreme Court for applying the Doctrine of Operative Fact, [and] notwithstanding this resolution, SOCEs submitted on or before June 30, 2016 are deemed to have been timely filed," he said. 

Comelec Chairperson George Garcia said the decision means "no extensions from now on on all our deadlines except in highly meritorious circumstances.''

The case stemmed from the petition for certiorari filed by the Partido Demokratiko Pilipino-Lakas ng Bayan in July 2016 against the Comelec resolution.

According to the Court, the Comelec also extended the deadline for the submission of SOCEs in 2010 and 2013 but it was not questioned until the 2016 petition.

The SC said the poll body’s blanket extension of the period to file SOCEs amounts to usurpation of legislative power.

“The Congress fixed the period to file SOCEs ‘within 30 days after the day of the election.’ Hence, the Comelec cannot arbitrarily extend the deadline and substitute its own wisdom in defiance with the clear legislative intent,” it said. — RSJ/VBL, GMA Integrated News