Comelec releases resolution on campaign donations of domestic corporations
By Dhel Nazario
The Commission on Elections (Comelec) released on Wednesday, March 23 a resolution consisting of the guidelines for campaign donations of domestic corporations.

Resolution No. 10772, promulgated last March 16 contains the rules and regulations governing contributions by domestic corporations for partisan political activities in connection with the upcoming May 2022 polls.
The resolution states that a corporation incorporated under the Philippine laws has the power and capacity to make reasonable donations to any political party, party-list, candidate, or for purposes of partisan political activity.
It defines "reasonable donation" a contribution or donation given by domestic corporation to any political party, party-list, or candidate not exceeding five percent (5%) of the corporation's taxable income on a taxable year immediately preceding elections from trade, business or profession in accordance to Section 34(H) of Republic Act No. 84245.
Section 2 of the resolution also listed prohibited contributions from the following:
- Public or private financial institutions;
- Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation
- Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works;
- Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including government-owned or controlled corporations;
- Natural and juridical persons who, within one year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000 by the government or any of its divisions, subdivisions or instrumentalities including government-owned or controlled corporations;
- Educational institutions which have received grants of public funds amounting to no less than P100,000.00;
- Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; and
- Foreigners and foreign corporations
"It shall be unlawful for any person to solicit or receive any contribution from any of the persons or entities enumerated herein," the resolution stated.
The resolution also mentioned that a Report of Contributions shall be under oath and in accordance with the prescribed form and filed before the Commission. it also must be signed by the person authorized by the domestic corporation by virtue of a Board Resolution and executed under oath.
Violation of Sections 2, 3 and 4 of the Resolution shall, consistent with Sections 95, 98 and 99, in relation to Sections 262 and 264 of the Omnibus Election Code, constitutes an election offense and shall be punishable by imprisonment of not less than one year but not more than six years and shall not be subject to probation.
"The president or head, the officials and employees of the corporation, performing duties connected with the offense committed and its members who may be principals, accomplices, or accessories shall be also liable for the offense," the resolution further stated.