| 20 |
Are there regulations governing political financing? |
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20a:
In law, there are regulations governing private contributions to political parties.
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| Score: |
YES |
NO |
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Comments: The Omnibus Election Code restricts EXPENDITURES by a political party but is silent on CONTRIBUTIONS to the party.
References: Batas Pambansa 881- OMNIBUS ELECTION CODE OF THE PHILIPPINES, 1985 . www.lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
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20b:
In law, there are limits on individual donations to candidates and political parties.
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| Score: |
YES |
NO |
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Comments: The Omnibus Election code restricts EXPENDITURES by a political party but is silent on CONTRIBUTIONS to the party.
References: Batas Pambansa 881- OMNIBUS ELECTION CODE OF THE PHILIPPINES, 1985 . www.lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
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20c:
In law, there are limits on corporate donations to candidates and political parties.
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| Score: |
YES |
NO |
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Comments: The Omnibus Election code restricts EXPENDITURES by a political party but is silent on CONTRIBUTIONS to the party.
References: Batas Pambansa 881- OMNIBUS ELECTION CODE OF THE PHILIPPINES, 1985 . www.lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
Peer Review Comments: A dissenting opinion:
[ LINK ]
Peer Review Comments: There are no laws that limit corporate donations to political parties and candidates, but the election code prohibits contributions or donations from companies that have contracts with, or loans and franchises from, the government.
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20d:
In law, there are limits on total political party expenditures.
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| Score: |
YES |
NO |
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Comments: Limits are set on spending for elections specifically. The limits are on spending of the candidate (PHP 1.50 per voter) and on spending of the party (also PHP 1.50 per voter). There are no limits on political party spending for other purposes besides elections. There are no limits on donations, whether by an individual or a corporation, to a political party.
References: Batas Pambansa 881- OMNIBUS ELECTION CODE OF THE PHILIPPINES, 1985, Sec. 100-101. www.lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
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20e:
In law, there are requirements for disclosure of donations to political candidates and parties.
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| Score: |
YES |
NO |
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Comments:
References: Batas Pambansa 881- OMNIBUS ELECTION CODE OF THE PHILIPPINES, 1985 . www.lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
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20f:
In law, there are requirements for the independent auditing of the finances of political parties and candidates.
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| Score: |
YES |
NO |
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Comments:
References: Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University, Sept. 14, 2007.
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20g:
In law, there is an agency or entity that monitors the political financing process.
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| Score: |
YES |
NO |
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Comments:
References: The Commission on Elections, created by the Constitution, Art. IX, Part C. One of its functions is to oversee election financing, as described in the Omnibus Election Code, BP881, 1985. (www.comelec.gov.ph/laws/oec.html)
www.lawphil.net
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| 21 |
Are the regulations governing political financing effective? |
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21a:
In practice, the limits on individual donations to candidates and political parties are effective in regulating an individual's ability to financially support a candidate or political party.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There are no such limits.
References: Interview with Calixto Chikiamco, member of the campaign team of a 2004 presidential candidate, Sept. 15, 2007, Makati City.
Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University, Sept. 14, 2007.
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21b:
In practice, the limits on corporate donations to candidates and political parties are effective in regulating a company's ability to financially support a candidate or political party.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There are no such limits.
References: Interview with Calixto Chikiamco, member of the campaign team of a 2004 presidential candidate, Sept. 15, 2007, Makati City.
Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University, Sept. 14, 2007.
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21c:
In practice, the limits on total party expenditures are effective in regulating a political party's ability to fund campaigns or politically-related activities.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Chikiamco: "No one has ever been prosecuted for a violation."
References: Interview with Calixto Chikiamco, member of the campaign team of a 2004 presidential candidate, Sept. 15, 2007, Makati City.
Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University, Sept. 14, 2007.
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21d:
In practice, when necessary, an agency or entity monitoring political financing independently initiates investigations.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: This would be the role of the Commission of Elections, but it has never done it.
References: Interview with Calixto Chikiamco, member of the campaign team of a 2004 presidential candidate, Sept. 15, 2007, Makati City.
Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University, Sept. 14, 2007.
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21e:
In practice, when necessary, an agency or entity monitoring political financing imposes penalties on offenders.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: This would be the role of the Commission of Elections but it has never done it.
References: Interview with Calixto Chikiamco, member of the campaign team of a 2004 presidential candidate, Sept. 15, 2007, Makati City.
Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University, Sept. 14, 2007.
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21f:
In practice, contributions to political parties and candidates are audited.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: This would be the role of the Commission of Elections, but it has never done it.
References: Interview with Calixto Chikiamco, member of the campaign team of a 2004 presidential candidate, Sept. 15, 2007, Makati City.
Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University, Sept. 14, 2007.
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| 22 |
Can citizens access records related to political financing? |
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22a:
In practice, political parties and candidates disclose data relating to financial support and expenditures within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Calixto Chikiamco, member of the campaign team of a 2004 presidential candidate, Sept. 15, 2007, Makati City.
Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University, Sept. 14, 2007.
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22b:
In practice, citizens can access the financial records of political parties and candidates within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is no access at all.
References: Interview with Calixto Chikiamco, member of the campaign team of a 2004 presidential candidate, Sept. 15, 2007, Makati City.
Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University, Sept. 14, 2007.
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22c:
In practice, citizens can access the financial records of political parties and candidates at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is no access, at any price.
References: Interview with Calixto Chikiamco, member of the campaign team of a 2004 presidential candidate, Sept. 15, 2007, Makati City.
Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University, Sept. 14, 2007.
Peer Review Comments: Yes. I could not find the parties' websites.
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