Candidates who lied on their SOCE may be held liable —Comelec

Candidates who are found to have provided false information in their Statement of Contributions and Expenditures (SOCE) may have cases filed against them, Commission on Elections (Comelec) chairperson George Garcia said Thursday.

In a press briefing, the chairperson said that the candidates may face election offenses, perjury, and falsification of public documents complaints.

“Kaya inuulit po natin ‘yung babala natin sa mag fa-file pa ng SOCE sa future, paki tignan mabuti, paki-review mabuti, patignan sa atin pong mga accountant, sa atin pong mga abugado kung tama ‘yung ating deklarasyon,” he said.

(That’s why we repeat our reminder to those who will file their SOCE in the future: please check it carefully, review it carefully, and have our accountants and lawyers look at it to ensure that our declaration is correct.)

“Lalo na ‘yung mga prohibited na hindi pwe-pwedeng magbigay ng donasyon, at the same time ‘yung mga excess na donasyon, at the same time ‘yung mga pangalan na dapat ay nakasulat. Entities man, korporasyon, indibidwal na nakasulat doon sa SOCE,” he added. 

(Especially those prohibited from giving donations, and at the same time the excess donations, and at the same time the names that should be written there. Whether entities, corporations, or individuals that should appear in the SOCE.)

Asked if the Comelec can move for the removal of sitting officials based on a fraudulent SOCE, Garcia said that the poll body does not have the power to do so.  

“Wala sa mandato namin na si Comelec ang mag-initiate ng mga petisyon para tanggalin ang isang nakaupo,” he said.

(It is not within our mandate for the Comelec to initiate petitions to remove someone from office.)

Despite this, he said that other individuals or departments who wish to file such petitions may use the findings of the Comelec.  

Garcia cited Section 98 of the Omnibus Election Code, which states that “no person shall make any contribution in any name except his own nor shall any candidate or treasurer of a political party receive a contribution or enter or record the same in any name other than that of the person by whom it was actually made.”

He also cited Section 99 that says that every person giving a contribution to any candidate, treasurer of a party, or authorized representative must file a report stating the amount, the name of the candidate, the agent receiving the contribution, and the date of the contribution.

“‘Yun po ang basehan nung pasa-submit nung tinatawag na SOCE,” he said.

(These are the basis for the submission of the SOCE.)

“So ang sabi po talaga doon, i-detalye ang lahat-lahat na nagbigay, idetalye ang lahat-lahat na tinanggap, at i-detalye din ‘yung lahat-lahat na pinag gagastusan nung pera na tinanggap o ‘yung perang galing sa personal na pondo,” he added.

(So what it really says there is to detail everything that was given, to detail everything that was received, and to also detail everything that the money received—or the money coming from personal funds—was spent on.) — BM, GMA Integrated News

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