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All Jurisprudence based

0 tracked cards Political and Public International Law

Under the Fair Elections Act (Republic Act No. 9006) and its implementing rules, identify who may be held liable and whether the described expenditures are campaign expenditures. Scenario: A municipal mayoral candidate appoints a campaign treasurer who disburses 520,000 pesos for printing campaign materials, paid rallies, and online advertising during the official campaign period, using a mix of personal funds and campaign funds. A separate civic group, led by a private individual and not registered as part of the candidate’s campaign, spends 95,000 pesos on social media endorsements praising the candidate; the group claims it is independent and not coordinated with the candidate. The group does not report its expenditures. (a) Is the 520,000-peso disbursement a campaign expenditure under the law? Who is responsible for reporting and accountability? (b) Is the 95,000-peso expenditure by the civic group a campaign expenditure? If not, explain why; if yes, explain how attribution would work. (c) What penalties or consequences might apply if reporting is incomplete or false, and who may be liable?

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The 520,000-peso disbursement is a campaign expenditure; the candidate and the campaign treasurer are responsible for reporting and accountability; the 95,000-peso civic group expenditure is not a campaign expenditure because it is independent and uncoordinated; the civic group has no reporting obligation; penalties apply to the candidate/treasurer for incomplete or false reporting (and to any person who aided in misreporting). The 520,000-peso disbursement is a campaign expenditure; the 95,000-peso civic group expenditure would also be a campaign expenditure because any election-related spending by non-campaign actors, even if independent in form, is treated as campaign spending; The civic group is liable for reporting and the candidate as well. The 520,000-peso disbursement is not a campaign expenditure because it used personal funds; there is no reporting requirement; The 95,000-peso expenditure by the civic group is a campaign expenditure because it directly promotes the candidate; both the civic group and the candidate are liable. Both disbursements are not campaign expenditures; There is no reporting requirement; Penalties do not apply.

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