Campaign Finance Reports in the Philippines: Who Files What

Every candidate, political party, and party-list group engaged in an election must keep detailed records of all contributions received and expenditures incurred, and must make those records available for inspection. Under COMELEC Resolution No. 9476, published through BIR Revenue Memorandum Circular No. 15-2013, the persons responsible for this duty are the candidate, the treasurer of the party, and any person acting under the authority of that candidate or treasurer. Records must be preserved for at least three years after the election and produced for inspection by the COMELEC or its authorized representative.

Who Is Required to Keep Campaign Finance Records

The duty to maintain campaign finance records falls on three specific actors:

• The candidate, whether running for a local or national position.
• The treasurer of the political party, including party-list groups.
• Any person acting under the authority of that candidate or treasurer.

Each of them must issue a receipt for every contribution received and obtain and keep a receipt stating the particulars of every expenditure made. This applies to contributions whether in cash or in kind.

What Records Must Be Kept

The rules require detailed, full, and accurate records of all contributions received and expenditures incurred, setting out all information required to be reported. This means the record-keeping obligation is not limited to a summary of totals; it covers the supporting documents behind each entry.

Every candidate, treasurer, and authorized person must:

1. Issue a receipt for every contribution received.
2. Obtain and keep a receipt stating the particulars of every expenditure.
3. Keep detailed, full, and accurate records of all contributions and expenditures.
4. Preserve those records, together with all pertinent documents, for at least three years after the election.

Contributions in kind are valued at their cash equivalent or fair market value.

BIR Registration Requirements for Candidates and Parties

Separate from the COMELEC record-keeping rules, the Bureau of Internal Revenue requires registration. All political parties, including party-list groups, must register with the BIR, issue official receipts, and withhold taxes under Revenue Regulations No. 8-2009. Registration is made with the Revenue District Office having jurisdiction over the party's head office or principal office.

Individual candidates must register or update their registration with the BIR upon filing their certificate of candidacy, whether for a local or national position. This applies to those who previously registered as withholding agents under RR No. 8-2009.

The registration is made with the RDO having jurisdiction over the political subdivision where the candidate seeks election. If that is not applicable, registration is made at the RDO having jurisdiction over the candidate's principal residence or registered address.

A key timing rule: the registration of an individual in their capacity as a candidate automatically ends thirty days from the date of the election. The registration of political parties and party-list groups, by contrast, subsists.

Books of Accounts and Official Receipts

All candidates and political parties, including party-list groups, must register with the concerned RDO and keep adequate books and other accounting records, such as a Cash Receipts Journal, a Cash Disbursements Book, or their equivalent.

Every candidate, party treasurer, and person acting under their authority must also register official receipts with the RDO, at least in duplicate, to be issued for every contribution received. The original copy goes to the contributor or donor; the duplicate is retained by the candidate or party.

How Long Records Must Be Preserved

Candidates and political parties, including party-list groups, are responsible for preserving records of contributions and expenditures, together with all pertinent documents, for at least three years after the election to which they pertain. The records must be produced for inspection as authorized by the Commissioner of Internal Revenue, or upon presentation of a subpoena duces tecum duly issued by the COMELEC.

Frequently asked questions

Who files campaign finance records in the Philippines? The candidate, the treasurer of the political party, and any person acting under the authority of that candidate or treasurer are each responsible for keeping and preserving records of contributions and expenditures.

How long must campaign finance records be kept? At least three years after the holding of the election to which they pertain. The records must also be produced for inspection by the COMELEC or its authorized representative, or upon a subpoena duces tecum issued by the COMELEC.

Do candidates need to register with the BIR? Yes. Every individual candidate must register or update their registration with the BIR upon filing the certificate of candidacy. That registration automatically ends thirty days after the election, while the registration of political parties and party-list groups continues.

Practical takeaways

• Issue a receipt for every contribution and keep a receipt for every expenditure — this is a legal duty, not an optional practice.
• Preserve all records and supporting documents for at least three years after the election.
• Register with the BIR upon filing the certificate of candidacy; for parties and party-list groups, registration subsists.
• Keep adequate books such as a Cash Receipts Journal and Cash Disbursements Book, and register official receipts with the RDO.
• Remember that candidate registration with the BIR automatically ends thirty days after the election.

Primary sources

The rules discussed above are drawn from the following primary sources. Where the firm's library holds the document as a PDF it is embedded here in full; the rest are cited by title.

RMC No. 15-2013 — Publishes and implements pertinent provisions of Resolution No. 9476 issued by the Commission on Elections (COMELEC) on June 2012 Digest | Full TextOpen in Law LibraryDownload PDF

• REPUBLIC ACT NO. 9369 - AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED "AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, TO ENCOURAGE TRANSPARENCY, CREDIBILITY, FAIRNESS AND ACCURACY OF ELECTIONS, AMENDING FORTHE PURPOSE BATAS PAMBANSA BLG. 881, AS AMENDED, REPUBLIC ACT NO. 7166 AND OTHER RELATED ELECTION LAWS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES"

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.