Nur Misuari, founding chair of the Moro National Liberation
Front (MNLF) and former governor of the Autonomous Region in Muslim Mindanao
(ARMM) is among 361 Mindanawons who are subject to perpetual disqualification
from holding public office for failure to file the required Statement of
Contribution and Expenditures (SOCE) in the last two or three elections.
Misuari failed to file his SOCE in the past three elections
where he ran for Sulu Governor in 2007 and 2010 and for ARMM Governor in 2013,
according to a list released by the Commission on Elections (Comelec) on
October 23.
Misuari served as governor of the ARMM from September 30,
1996 to November 24, 2001 when he was arrested off Sabah
for illegal entry, two days before the ARMM election where Parouk Hussin, also
of the MNLF, was elected Governor. Misuari is presently in hiding after a
warrant for his arrest was issued in connection with the Zamboanga City
The Comelec released the “list of candidates subject to
perpetual disqualification due to 2nd and 3rd failure to file SOCE,” involving
752 candidates nationwide who ran for various posts in past elections.
MindaNews counted 361 Mindanawons on the Comelec list
released on October 23: 189 in the ARMM, seven in Caraga, 21 in Region 9
(Zamboanga region) including five from Isabela City which was included in the
ARMM list; 67 in Region 10 (Northern Mindanao), 18 in Region 11 (Davao region)
and 59 in Region 12 (Southwestern Mindanao or popularly referred to as
Soccsksargen after the names of the member provinces and cities). See list at http://www.comelec.gov.ph/?r=CampaignFinance/CandidatewhoFiletheirSOCETwoorMoreElections
Commissioner Lui Tito Guia told MindaNews in a text message
that “there will be notice and hearings” before the perpetual disqualification.
Comelec spokesperson James Jimenez said “an action will be
filed to perpetually disqualify them.” He said a petition will be filed
pursuant to Comelec Resolution No. 991; Rule 25 of Comelec rules of procedure.
Hearings will be conducted, Jimenez told MindaNews in a text message Tuesday.
According to the Comelec website, the legal basis for
requiring candidates and parties to submit “full, true and itemized” SOCEs in
relation to their electoral campaigns is found in Section 107 of the Omnibus
Election Code (OEC) and punishable as an election offense under Section 262 of
the OEC.
“While this has been repealed by Section 39 of RA 7166 and
consequently decriminalized and is no longer an election offense, Section 14 of
RA 7166 still requires the filing of SOCEs,” the Comelec said.
Section 14 states that every candidate and treasurer of the
political party shall, within 30 days after the day of the election, file in
duplicate with the offices of the Commission the full, true and itemized
statement of all contributions and expenditures in connection with the
election.
No person elected to any public office can assume his/her
post until he/she submits the SOCE. The same prohibition applies if the
political party which nominated the winning candidate fails to file the SOCE
within the prescribed period..
Except candidates for elective barangay office, failure to
file the statements or reports in connection with electoral contributions and
expenditures shall constitute an administrative offense for which the offenders
shall be liable to pay fines ranging from PhP1,000.00) to PhP30,000.00), at the
discretion of the Commission.
The fine shall be paid within 30 days from receipt of notice
of failure “otherwise, it shall be enforceable by a writ of execution issued by
the Commission against the properties of the offender,” the Comelec said.
City and municipal election registrars are mandated to
advise in writing, by personal delivery or registered mail, within five days
from the date of election all candidates residing in his/her jurisdiction to
comply with their obligation to file their SOCE.
For the second or subsequent failure to file SOCEs, the
administrative fine shall be from PhP 2,000.00 to PhP 60,000.00 at the
discretion of the Comelec. Aside from the fine, “the offender shall be subject
to perpetual disqualification to hold public office.”
The Comelec also said that “regardless of the results of the
elections, or even if the candidates or parties concerned did not receive any
contribution or make any expenditure, they should still submit their SOCEs
reflecting such fact.”
http://www.mindanews.com/top-stories/2015/10/28/misuari-subject-to-perpetual-disqualification-for-not-filing-election-fund-statement/
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