Comelec to 'presume payments' for influencers, celebrity endorsements

The Commission on Elections (Comelec) is set to issue a resolution presuming celebrities and influencers endorsing candidates for Eleksyon 2025 are paid contractors.

“Ipapasa namin ngayong araw, pag gumamit ng celebrity, ipre-presume namin na bayad ang celebrity. Therefore, wag sasabihin samin na libre o kaibigan…sapagkat mayroon nang presumption of payment,” Comelec chairperson George Erwin Garcia told Kapihan sa Manila Bay on Wednesday.

(We will pass a resolution today presuming celebrities and influencers endorsing candidates as paid. Therefore, the candidates cannot tell us they were being endorsed for free.)

Under the Omnibus Election Code (OEC), candidates are required to include individuals or firms they contracted for campaigning under their respective Statement of Contributions and Expenditures (SOCE).

“Hindi po namin habol ang influencers, ang habol namin ay ‘yung candidate na nagsasabi na libre ‘yun. Kasi kung libre ‘yun may quotation dapat sa SOCE,” said Garcia.

(We will not go after the celebrities but the candidates.)

The resolution would not cover individuals with up to second degree of consanguinity and affinity to candidates.

“Hindi applicable yan sa with family relationships with up to second degree of consaguinity and affinity…wala po ‘yung presumption,” said Gacria.

(It is not applicable to influencers and celebrities with family relationships with up to second degree of consanguinity and affinity.)

Expenditures, SOCE

Garcia said Comelec is eyeing to release the guidelines for the filing of SOCE by Thursday, February 6.

Section 14 of Republic Act (RA) 7166, or the Synchronized Elections Act, states that every candidate or treasurer of a political party shall file in duplicate with the offices of the Comelec the “full, true and itemized statement of all contributions and expenditures in connection with the election” within 30 days after the elections.

Candidates who will not file SOCEs will be charged with an administrative offense and will be liable to pay a fine ranging from P1,000 to P30,000.00 at the discretion of the poll body with the exemption of aspirants in the barangay level. For winning bets or political parties, failure to comply may also withhold their assumption of office.

“Sa SOCE, pag hindi nag-report that is an election offense and that is a ground to disqualify. Ang influencers, hindi sila ang pakay namin…kaya lang pag may presumption na may bayad, mananagot ang influencers sa BIR,” Garcia said.

(Failing to report SOCEs is an election offense and a ground for disqualification. We’re not after the influencers but if there is a presumption, they will be accountable before the BIR.)

Section 13 of RA 7166 provides the limitation of authorized expenses of candidates and political parties. It states that candidates vying for presidency and vice-presidency shall spend P10 for every voter currently registered in the constituency where he filed his certificate of candidacy.  Aspirants with political parties will be allowed to spend P3 for every voter while independent candidates will be allowed up to P5.

Political parties, for their part, are allowed up to P5 for every voter currently registered in the constituency or constituencies where it has official candidates.

The Philippines will hold its midterm elections on May 12, 2025. 

--VAL, GMA Integrated News

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