COMELEC acted ultra-vires

when it extended the period of

filing SOCE.

Section 14 of R.A. 7166 provides that every candidate and treasurer of

the political party shall, within thirty (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 offices shall enter upon
the duties of his office until he has filed the statement of contributions and
expenditures herein required. The same prohibition shall apply if the
political party which nominated the winning candidate fails to file the
statement required herein within the period prescribed by this Act.
(emphasis supplied) COMELEC in allowing extension of the period of
filing SOCE does so in its exercise of its delegated quasi-legislative power.
As enunciated in the case of Conte, et al. vs. Commission on Audit, the rules
and regulations that administrative agencies promulgate, which are the
product of a delegated legislative power to create new and additional legal
provisions that have the effect of law, should be within the scope of the
statutory authority granted by the legislature to the administrative agency.
It is required that the regulation be germane to the objects and purposes
of the law, and be not in contradiction to, but in conformity with, the
standards prescribed by law. They must conform to and be consistent
with the provisions of the enabling statute in order for such rule or
regulation to be valid. Constitutional and statutory provisions control with
respect to what rules and regulations may be promulgated by an
administrative body, as well as with respect to what fields are subject to
regulation by it. It may not make rules and regulations which are
inconsistent with the provisions of the Constitution or a statute,
particularly the statute it is administering or which created it, or which are
in derogation of, or defeat, the purpose of a statute. In case of conflict
between a statute and an administrative order, the former must prevail.

The period set in the afore-cited law clearly proscribed filing of SOCE
outside the period of 30 days. Although COMELEC is clothed with rule-
making powers, the extension given is nonetheless not in conformity to the
standards that the law prescribed. An administrative agency cannot amend
the act of Congress. In U.S. vs. Tupasi Molina, administrative regulations
adopted under legislative authority by a particular department must be
in harmony with the provisions of the law, and should be for the sole
purpose of carrying into effect its general provisions. By such
regulations, of course, the law itself cannot be extended. The rule-making
power must be confined to details for regulating the mode or proceeding to
carry into effect the law as it has been enacted. The power cannot be
extended to amending or expanding the statutory requirements or to
embrace matters not covered by the statute.

In Lakin, Jr. vs. Commission on Elections, the Court pronounced that

The COMELEC, despite its role as the implementing arm of the
Government in the enforcement and administration of all laws and
regulations relative to the conduct of an election, has neither the authority
nor the license to expand, extend, or add anything to the law it seeks to
implement thereby. The IRRs the COMELEC issued for that purpose
should always be in accord with the law to be implemented, and should
not override, supplant, or modify the law. It is basic that the IRRs should
remain consistent with the law they intend to carry out.

While it is true that the COMELEC is an independent office and not a

mere administrative agency under the Executive Department, rules which
apply to the latter must also be deemed to similarly apply to the former,
not as a matter of administrative convenience but as a dictate of due
process. And this assumes greater significance considering the important
and pivotal role that the COMELEC plays in the life of the nation.

Since COMELEC has no

authority to extend the period
prescribed by R.A. 7166,
Literal Party (LP) winners
can be sanctioned
accordingly.

The same law provides sanction for its non-compliance on time,

failure to file the statements or reports in connection with electoral
contributions and expenditures are required herein shall constitute an
administrative offense for which the offenders shall be liable to pay an
administrative fine ranging from One thousand pesos (P1,000.00) to Thirty
thousand pesos (P30,000.00), in the discretion of the Commission.

Clearly, the penalty is not to be equated to ousting the LP winners but

merely being charged administratively and be fined. The COMELEC has no
authority to immediately oust from office the erring winners, due process
shall be accorded to them and this is effectively carried out by trial or any
proper proceedings.

Prepared by:

Monica S. Gerero
BC LLB 2