Law Summary
Prohibition of Corrupt Means to Influence Legislation
- Illegal to offer or receive money/property for influencing legislative measures conditioned on their passage or defeat.
- Lobbyists must disclose their real interest in the measure when attempting influence.
- Violations punishable by imprisonment up to 2 years, fines up to PHP 5,000, or both.
Prohibition of Corrupt or Secret Means to Influence Confirmation of Appointments
- Illegal to give or receive money/property for influencing confirmations or rejections of appointments based on contingency.
- Secret or clandestine attempts to influence Commission on Appointments members are penalized.
- Penalties include imprisonment up to 2 years, fines up to PHP 5,000, or both.
Definitions
- "Measure": Any proposed legislation or amendment.
- "Lobbying": Efforts to promote or oppose legislation or appointment confirmations.
- "Lobbyist": Person engaged in lobbying for hire, including salaried officers/agents.
- "Unprofessional Conduct": Violations of Act provisions, soliciting employment improperly, or unethical practices.
- "Principal": Person or entity employing lobbyists related to legislation or appointments affecting their pecuniary interests.
- "Docket": Public register of licensed lobbyists maintained by relevant secretaries.
- "Report": Expense statements filed by lobbyists.
- "Pecuniary Interest": Includes impacts on taxes, fees, privileges, powers, duties, or governmental agency actions.
Licensing of Lobbyists and Grounds for Suspension or Revocation
- Lobbyists must be citizens of good moral character, apply for a license, and pay a fee of PHP 75.
- Licenses last until December 31 of issuance year.
- Application approval requires unanimous vote by Secretaries of both Houses.
- Suspension or revocation allowed upon verified complaint for unprofessional conduct or fraud.
- Solicitor General may file civil action for revocation; Courts rule accordingly.
- Suspension/revocation bars lobbying activities until reinstated.
Lobby Registry Requirements
- Principals must register employed lobbyists within one week of engagement.
- Lobbyists must also enter their names in the docket.
- Termination of employment must be recorded.
Maintenance and Access to the Lobbyist Docket
- Secretaries maintain docket with names, addresses, principals, and subjects of lobbying.
- Docket is a public record available during business hours.
- Principals update docket entries with new subjects or appointments.
- Lobbyists file written authorization from principals within 10 days of registration.
Restrictions on Lobbying Practice
- Lobbyists must be licensed and registered for each matter.
- No compensation based on legislative or appointment outcome.
- Written or printed lobbying materials distributed to all members must be filed in triplicate with Secretaries.
Mandatory Reporting by Lobbyists
- Lobbyists file monthly sworn expense statements during Congress sessions, excluding personal expenses.
- Secretaries report lobbyist info to Congress weekly during sessions.
- Reports include expenditures made to entertain government officials related to lobbying.
Expense Statement Filing by Principals
- Principals file detailed verified statements within 30 days after Congress adjournment.
- Reports cover expenses related to employing lobbyists and promoting/opposing legislation or appointments.
- Reports are open to public.
Penalties
- Principals violating sections on registration and reporting fined PHP 1,000 to PHP 20,000.
- Unlicensed lobbyists or those not complying fined PHP 500 to PHP 10,000 and disbarred for 3 years.
- Failure to file statements may result in fines up to PHP 1,000 or imprisonment up to 6 months.
- Filing false statements penalized by fines PHP 1,000-5,000 and imprisonment 6 months to 2 years.
Restrictions on Personal Lobbying and Exceptions
- Only licensed lobbyists may directly attempt to influence members on pending measures or appointments, except via:
- Committee appearances
- Newspaper publications
- Public addresses (not to members)
- Written or printed statements delivered to members
- Govt. officers/employees prohibited from lobbying to protect pecuniary interests except as authorized.
- Citizens may communicate rights exercised.
- Unlicensed personal lobbying punishable by imprisonment up to 6 months, fines up to PHP 1,000, or both.
- Persons lobbying only through committee appearances and registering need not be licensed or report expenses.
Reporting Compensation for Published Articles Related to Congressional Matters
- Payments to media owners or employees to publish favored or opposed congressional articles must be reported within 10 days.
- Exception for paid advertisements showing authorization and amounts.
- Violations fined PHP 500 to PHP 10,000.
Effectivity
- Law takes effect immediately upon approval.