Comelec junks ex-senator Osmeña’s appeal vs. perpetual disqualification for non-filing of SOCEs

Metro Manila, Philippines - Former Senator Sergio “Serge” de la Rama Osmeña III remains disqualified from public office after the Commission on Elections (Comelec) denied his appeal regarding his failure to file Statements of Contributions and Expenditures (SOCEs) in two elections.

In a resolution promulgated on Thursday, April 3, the seven-member commission unanimously rejected Osmeña’s motion for reconsideration for lack of merit. The poll body also upheld its January 24, 2020 ruling, which imposed a perpetual disqualification and a P60,000 fine on Osmeña for failing to submit SOCEs in the 2010 and 2016 senatorial elections.

Osmeña had argued in his appeal that he filed his SOCE for the 2010 elections, albeit belatedly, and that his failure to file in 2016 was due to the commission’s lack of response to his request for an extension.

However, the Comelec ruled that his appeal “failed to raise new matters or issues that warrant the reversal of the assailed Resolution.”

It emphasized that a SOCE submitted beyond the legally mandated 30-day period after an election is considered non-filing, thus warranting penalties.

The commission further stated that Osmeña cannot evade administrative liability by arguing that his failure to comply was justified, calling his arguments “flawed and bereft of merit.”

“The purpose of the law in requiring the filing of the SOCE is to protect the sanctity of the electoral process and ultimately the will of the electorate,” the Comelec stressed.

Republic Act No. 7166 states, “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.”