Comelec approves conflict of interest declaration for COC filers

The Commission on Elections (Comelec) has approved the inclusion of a sworn declaration on conflict of interest in the Certificate of Candidacy (COC), requiring aspiring candidates to commit to complying with existing anti-graft and ethical standards if elected.

In Memorandum No. 260904 dated Aug. 4, the Office of the Secretary to the Commission informed the Comelec Law Department that the poll body's en banc approved the recommendation during its July 24 referendum and consultation.

The memorandum also directed the Law Department to take the necessary action to implement the approved resolution.

Under the approved declaration, candidates will undertake that, if elected, they will comply with the conflict of interest provisions of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, and Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.

The declaration states that elected officials must not have any direct or indirect financial or pecuniary interest in any business, contract, or transaction that may conflict with or be affected by the faithful performance of their official duties, or in matters where the Constitution or existing laws prohibit them from having such interests.

The proposal stemmed from a memorandum prepared by the Comelec Law Department in response to remarks by Ombudsman Jesus Crispin Remulla suggesting that COCs should include a sworn declaration stating that candidates have no conflict of interest.

In its legal opinion, the Law Department said the proposed declaration would not impose an additional qualification for elective office because it merely requires candidates to affirm that they will comply with existing laws.

The department noted that while the Constitution and statutes prescribe the qualifications for elective positions, the Omnibus Election Code authorizes the Comelec to prescribe election forms, including the contents of COCs, provided these do not impose new qualifications.

It also cited a Supreme Court ruling that struck down the mandatory drug testing of senatorial candidates because it constituted an unconstitutional additional qualification for public office.

The Law Department further said the declaration is intended to promote transparency by placing candidates on record regarding financial interests that could affect the faithful performance of their duties if elected.

It added that previous COC forms already contained sworn declarations and undertakings that were not expressly required under Section 74 of the Omnibus Election Code.

The Comelec en banc formally approved the recommendation and directed the Law Department to implement the new requirement.