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Chapter 1

Introduction

Elections are integral to democratic governance. Through the

mechanism of elections, politicians are held accountable for their actions, and are

compelled to introduce policies that are reflective of and responsive to public

opinion. Ideally, elections serve as a major source of political recruitment, a means

of making government, and of transferring government power, a guarantee of

representation, and a major determinant of government policy. These do not,

however, prevent the distortion of the will of the electorate in a ‘flawed democracy’

In the Philippines, the plurality system has been enshrined in the 1935, 1973,

and 1987 constitutions. Under the 1987 constitution, all elective officials; president,

vice-president, senators, members of the House of Representatives, local chief

executives and local legislators are chosen by a direct vote of the people through

a ‘first-past-the-post system’. The Philippine electoral system has generally been

consistent throughout history. But we can’t also deny the fact that our electoral

system is associated with violence and corruption.

To maintain the order of our electoral process, the “Batas Pambansa

Blg.881” or the OMNIBUS ELECTION CODE was created. This code seeks to

guide, protect, penalize and serves as basis for a better outcome of our system. It

also promotes harmonious relationship between the voter and the candidate. It

serves as the eye for the corrupt practices of some politicians and guides our future

leaders.

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Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code

of the Philippines, is the basic law governing the conduct of an election. Among

others, it widely covers the election of national and local officials; the powers and

functions of the Commission on Elections (COMELEC), which is the government

agency tasked with the implementation of the Code and other election laws; the

qualifications of candidates and the filing of certificates of candidacies; the

registration of political parties; election propaganda and conduct of the campaign;

electoral contributions and expenditures; the registration of voters; precincts and

polling places; the appointment of watchers; official ballots and election returns;

the casting and counting of votes; the canvass of votes and proclamation of

winning candidates; pre-proclamation controversies; election contests; election

offenses; and legal fees.

While the Omnibus Election Code is the basic law governing the conduct of

elections, there are other laws that govern the conduct of elections. These include

Republic Act No. 6646 (The Electoral Reforms Law of 1987); Republic Act No.

6735 (The Initiative and Referendum Act);Republic Act No. 7166 (An Act Providing

For Synchronized National and Local Elections and For Electoral Reforms,

Authorizing Appropriations Therefor, and For Other Purposes), as amended;

Republic Act No. 7941 (Party-List System Act) Republic Act No. 8189 (The Voter’s

Registration Act of 1996);Republic Act No. 8295 (An Act Providing for the

Proclamation of a Lone Candidate for Any Elective Office in a Special Election,

and for Other Purposes);Republic Act No. 8436 (An Act Authorizing the

Commission on Elections to use an Automated Election System in the May 11,

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1998 National or Local Elections and in Subsequent National and Local Exercises

and For Other Purposes); Republic Act No. 9006 (Fair Elections Act); and Republic

Act No. 9189 (The Overseas Absentee Voting Act of 2003). The Omnibus Election

Code must be read together with these other laws.

This paper tackled Omnibus Election Code, and gave emphasized on

Article X entitled campaign and election propaganda. Scrutinizing every section

thus, including related cases, issues and provisions from other laws governing the

election. Another objective of this paper, to clearly explain section on legal and

illicit forms of propaganda provided in this article through graphic representations.

Reporters input illustrations of used election propaganda on 2010 National Election

and 2013 midterm election. The latter pages delineated and provided case digests

of presented cases and copy of republic acts and resolutions included in this paper.

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Definition of Terms

Campaign Period. The period of campaign shall be as follows;

Presidential and Vice Presidential 90 days

Election of Members of the Batasang Pambansa and Local Election 45 days

Barangay Election 15 days

The campaign period shall not include the day before and the day of the

election. However, in case of special election under Article VIII, Section 5,

subsection (2) of the 1987 Philippine Constitution, the campaign period shall be

forty-five days.

***It is unlawful for any person, whether or not a voter or a candidate, or for

any political party, or association of persons to engage in an election campaign or

partisan political activity on Maundy Thursday, Good Friday, eve of Election Day,

and on Election Day.

Candidate. It refers to any person seeking on elective office, who has filed his

certificate of candidacy, and who has not died, withdrawn his certificate of

candidacy denied due course or cancelled, or has been otherwise disqualified

before the start of the campaign for which he filed his certificate of candidacy.

Provided that, unlawful acts or omissions applicable to candidate shall take effect

only upon the start of aforesaid campaign period.

It also refers to any registered, national, regional, or sectoral party,

organization, or coalition thereof that has filed a manifestation of intent to

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participate under party-list system, which has not withdrawn the said manifestation

of intent to participate under party-list system, or has not been disqualified before

the start of the campaign period.

Commission. It refers to the Commission on Elections (COMELEC)

CoC- It shall be refer as certificate of candidacy.

Media Practitioner. It refers to a person who is not employed by the media entity

but performs similar functions or has control over what is printed or broadcasted

such a talent or block timer be inserted. Also, person who create online content for

personal or collective blogs and micro-blogs shall be considered media

practitioner.

Null and Void. This term used in situations such as legal contracts, real estate

deals, investment promises and political proposals or bills. Many argue that the

words mean exactly the same. However, they each have several meanings, with

some overlapping and others similar. The term is stronger than the separate words

and has become a popular phrase in legal, political and contractual situations.

Omnibus Election Code or “OEC”. It refers to Batas Pambansa Bilang 881, as

amended.

Partisan Political Activity or Election Propaganda. It to any designed to

promote the election or defeat of a particular candidate or candidates to a public

office.

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Political Advertisement. It refers to any matter broadcasted, published, printed,

or exhibit, in any medium, which contain the name, image, logo, brand, insignia,

color motif, initials, and other symbol or graphic representation that is capable of

being associated with a candidate or party, and is intended to draw the attention

of the public or a segment thereof to promote or oppose, directly or indirectly, the

election of the said candidate or candidates to a public office.

In broadcast media, it may take the form of spots, appearances on TV

shows and radio programs, live or taped announcements, teasers, and other forms

of advertising messages or announcements used by commercial advertisers.

It includes matters, not falling within the scope of personal opinion, that

appear on any Internet website, including, but not limited to, social networks,

blogging sites, and micro-blogging sites, in return for consideration, or otherwise

capable of pecuniary estimation.

Premature Campaign. It refers an election offense, simply means electioneering

conducted before the official campaign period.

Rally. It is a gathering of several persons open to the public for the purpose of

endorsing candidates for election or promoting their election defeat.

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Chapter 2

DISCUSSION

ARTICLE X: Campaign and Election Propaganda

Section 79. Definitions.-As used in this Code:

(a) The term “candidate” refers to any person aspiring for or seeking an

elective public office, who has filed a certificate of candidacy by

himself or through an accredited political party, aggroupment, or

coalition of parties.

(b) The term “election campaign” or ”partisan political activity” refers to

an act designed to promote the election or defeat of a particular

candidates to a public office which shall include:

(1) Forming organizations, organizations, associations, clubs,

committees or other groups of persons for the purpose of soliciting

votes and/ or undertaking any campaign for or against a candidate;

(2) Holding political caucuses, conferences, meetings, rallies,

parades, or other similar assemblies, for the purpose of soliciting

votes and/ or undertaking any campaign for or against a candidate;

(3) Making speeches, announcements or commentaries, or holding

interviews for or against the election of any candidate for public

office;

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(4) Publishing or distributing campaign literature or materials

designed to support or support or oppose the election of any

candidate; or

(5) Directly or indirectly soliciting votes, pledges or support for or

against a candidate.

The foregoing enumerated acts if performed for the purpose of

enhancing the chances of aspirants for nomination for candidacy to public

office by a political party, aggroupment, or coalition of parties shall not

considered as election campaign or partisan election campaign or partisan

election activity.

Public expressions or opinions or discussions of probable issues in a

forthcoming election or on attributes of or criticisms against probable

candidates proposed to be nominated in the forthcoming political party

convention shall not be construed as part of any election campaign or

partisan political activity contemplated under this article.

To expand this section, involving another premature campaign case in 2004,

Chavez vs. COMELEC (437 SCRA 415) the Supreme Court came up once a

person entered into contracts or agreements to endorse certain products,

appeared in billboards. Subsequently, he filed his certificate of candidacy (CoC)

for senator, he may held liable for indirectly promoting his CoC for senatorial bid

which falls under the activities included in the definition of election campaign or

partisan political activity directly or indirectly soliciting votes, pledges, or support

for or against candidates.

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In corroboration, the Supreme Court held and quoted:

“It is true when petitioner entered into contracts or agreements to endorse

certain products, he acted as a private individual and had the right to lend his name

and image to these products. However, when filed his certificate of candidacy for

Senator, the billboards featuring his name and image assumed partisan political

character because the same indirectly promoted his candidacy.”

Conclusively from Chavez case it can be drawn, when individual signed into

contracts to endorse certain products when he was still a private person with the

right to bear his name and image to these products. Hence, at the moment he filed

his CoC for any public office, billboards and commercial advertisements bore his

name and image regardless of the intention as a mere product endorsement, shall

assumed as political color. This issue encompasses the “directly or indirectly

soliciting votes, pledges or support for or against a candidate’’, lays down definition

of election propaganda or partisan political party.

Moreover, associating Penera vs. COMELEC (599 SCRA 609), a 2009

premature campaigning case, the Supreme Court ruled emphasizes under this

section “(a) a candidate is one who filed a certificate of candidacy” to an elective

public office. This is qualified by Section 15 of R.A. 8436, which provides that the

person who filed CoC “shall only be considered as a candidate at the start of the

campaign period for which he filed his CoC.

In other words, a candidate is liable for an election offense only for acts done

during the campaign period, not before. The law is clear as daylight- any election

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offense that may be committed by candidate under any election law cannot be

committed before the start of the campaign period.

Section 80. Election campaign or partisan political activity outside campaign

period. - It shall be unlawful for any person, whether or not a voter or

candidate, or for any party, or association of persons, engage in an election

in an election campaign or partisan political activity except during the

campaign period: Provided, that political conventions or meetings to

nominate their official candidates within thirty days before the

commencement of the campaign period and forty-five days for Presidential

and Vice Presidential elections.

Under the scope of this section links prohibition of premature campaigning.

In connection, under Section 68 of OEC expressly state and quote:

“Any candidate who, in an action or protest in which he is a party is declared

by final decision of a competent court guilty of, or found by the Commission of

having x x x (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e,

k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate,

or if he has been elected, from holding the office. x x x”

However, in the 2006 premature campaigning case, Lanot vs. COMELEC,

which states that political promotion done outside the campaign period forms part

of the aspirants’ freedom of expression. Correspondingly, in Penera vs.

COMELEC, the high court ruled that elective aspirants can promote themselves

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before the scheduled campaign period since they are not yet considered

candidates at the time.

From Penera vs. COMELEC, Supreme Court determined the essential

elements of violation of Section 80 of OEC are: (1) a person engages in an election

campaign or partisan political activity; (2) the act is designed to promote the

election or defeat of a particular candidate or candidates; (3) the act is done outside

the campaign period.

The second element classified by Supreme Court requires the existence of

candidate which has been explicitly defined in the previous section. Reiterating

that a candidate is liable for an election offense only for acts done during the

campaign period, not before. The said highly controversial case, Supreme Court

by a split vote of 8-7, ruled in affect that the offense of premature campaigning has

already repealed by Republic Act No. 8436 or the new Poll Automation Law, as

amended.

The effect of the Supreme Court decision on Penera case, is that

candidates could be punished only for unlawful acts or omissions committed during

the campaign period. Consequently, if candidates take campaign funds from a

foreign government or bribe voters outside campaign period, they cannot be

prosecuted. A candidate can freely commit election offenses so long as he

commits them before the start of the campaign period. But because premature

campaigning is now an impossible offense, one can “campaign” even before the

start of this period.

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In this case, Penera vs. Comelec has made partisan political activities, in

whatever form, lawful before the start of the official campaign period. Since the

Supreme Court has declared that a candidate is liable for an election offense only

for acts done during the campaign period, premature campaigning is effectively

decriminalized.

Thus, any partisan political activity, provided they are lawful (i.e. not

violated of any other law), done by a person who has already filed his COC before

the official campaign period, is legal. Partisan political activities done before the

campaign period are now lawful, the election campaign or partisan political activity

laid down in the foregoing section 79 are also lawful. The effect is that you have

two periods wherein partisan political activities are legal: (1) from the filing of COCs

to the start of the official campaign period, wherein one is still not a “candidate,”

and therefore cannot be liable for premature campaigning; (2) the official campaign

period where a candidate can now engage in actual campaigning.

This means that airing of infomercials, posting of tarpaulins and streamers,

and even conducting gatherings of all sorts are lawful.

Even saying “vote for me” should be considered lawful. After all, if you are

still not a “candidate,” then directly or indirectly soliciting votes, which does not

promote any particular “candidate,” is perfectly legal.

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Section 81. Intervention of foreigners. - It shall be unlawful for any foreigner,

whether judicial or natural person, to aid any candidate or political party,

directly or indirectly, or take part in or influence in any manner any election,

or take part in or make any expenditure in connection with any election

campaign or partisan political activity.

In coherence under Section 95 of this Code expressly prohibits foreigners

and foreign corporations from making contributions, directly or

indirectly, for purposes of partisan political activity. Hence, under Section 262

made it an election offense for the violation above cited Section 81. Laying down

under Sec. 264 Penalties. - Any person found guilty of any election offense under

this Code shall be punished with imprisonment of not less than one year but not

more than six years and shall not be subject to probation. In addition, the guilty

party shall be sentenced to suffer disqualification to hold public office and

deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to

deportation which shall be enforced after the prison term has been served. Any

political party found guilty shall be sentenced to pay a fine of not less than ten

thousand pesos, which shall be imposed upon such party after criminal action has

been instituted in which their corresponding officials have been found guilty.

One violation of this section is the case of Fidel V. Ramos and the Libyans.

Fidel Ramos, while still a presidential candidate, "received five million pesos (US

$ 200,000) from the Libyans to finance his presidential campaign in 1992." The

report also says that it was former speaker Jose De Venecia, "front man" and

"errand boy" of "his Libyan benefactors" who brought Ramos to Libya. "The

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Libyans thought they could use De Venecia's aid in enlisting President Fidel

Ramos, with his excellent American contacts, as a wedge in helping end Libya's

diplomatic isolation in the West. (Embassy has reported extensively on De

Venecia's efforts on behalf of Col. Qadhafi)," reads the report. This has already

prompted Ramos' rival in the 1992 election, Senator Miriam Defensor-Santiago, to

call for a Senate investigation of Ramos and the alleged Libyan contribution. It will

be recalled that Ramos, then the administration candidate, won over Santiago with

less than a million votes. Since then, Santiago has not ceased protesting the

victory of Ramos, who, she alleges, "stole" the elections. While Santiago had

always questioned Ramos' lead over the number of votes she received, now, if the

leaked cables are to be believed, the winning candidate may have violated an

important provision of the Omnibus Election Code, which could have resulted to

Ramos' disqualification as Presidential candidate and being charged with a

criminal offense.

A naturalization case involves in correlation to this section, Benluy vs.

Republic of the Philippines (G.R. NO. L5522).

Leoncio Ho. Benluy, a Chinese citizen, filed an application for naturalization

in 1951. There was no opposition to the application on the part of the Government.

At the hearing the applicant presented evidence in support of his application,

including two character witnesses, one of them Atty. Marcial M. Anastacio, a

resident of Obando, Bulacan. With one exception Benluy proved that he

possessed all the disqualifications for and the trial court so found. The exception

is that Atty. Anastacio, one of his witnesses, in his endeavor, even enthusiasm to

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prove that the applicant had identified himself with the Filipinos, helped them when

asked and was very congenial and friendly, said that Benluy even took part in two

electoral campaigns in Bulacan, not only persuading some voters connected with

his business but also contributing to the campaign fund of the Liberal party. Said

the trial court on this point and quoted:

“To prove that the applicant is a strong believer in our constitution and in

what is called "free enterprise", this witness emphasized this affirmation by stating

that the applicant even went to the extent of taking active part during the elections,

so much so that he (applicant) gave financial contribution to be spent in the election

campaign to this witness who, during the elections of 1947 and 1949, was the

Campaign Manager of the Liberal Party in the municipality of Obando Bulacan;

that the applicant, aside from giving financial help during the said elections f 1947

and 1949 which amended to P200 and P500 on two occasions, went with the

witness to Obando to talk personally with his sub-agents in said municipality, an

due to this intervention of the applicant said sub-agents supported the party of Mr.

Anastacio.”

This evidence about the part played by the applicants in the past elections

caused to the result of the trial court to deny the application for naturalization.

Considering the circumstances under which the evidence of applicant's

political activities was presented, namely that it did not come from the opposition

or any other party but himself and through his own witness, we were at the

beginning inclined not to attach much importance to that phrase of his residence

in the Philippines and association with the Filipinos. He was never prosecuted for

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that violation of OEC (known before as Revised Election Code, the governing

election law in 1951) and even if the Government were now inclined to prosecute

him, the offense has already prescribed. Furthermore, as already stated, in all

other respects the applicant has established his qualifications and the absence of

any disqualification. However, the law is clear. This is violation under Section 81

(which was before Section 56 under Revised Election Code).

It might well be that as already stated, the evidence about this violation of

the election law was given by his own witness who in all likelihood gave it in good

faith and in all friendship to the applicant to bolster the latter’s application for

naturalization, without realizing that by said declaration he was forever closing the

door to Benluy's ever becoming a Filipino citizen. But the law must be applied and

enforced. It is merely a piece of bad luck for him. From the standpoint of the

Government however, it was fortunate that said evidence was brought up, to a

foreigner who though even in his ignorance of the law and at the instance of his

Filipino friends, violated one of the important provisions of our election law. The

decision appealed from is hereby affirmed, with costs.

Likewise, the naturalization case of Jesus J. Go vs Republic of the

Philippines. Appeal from a judgment rendered by the court of First Instance of

Cebu granting Philippine citizenship to petitioner-appellee Jesus J. Go.

Petitioner-appellee is a Chinese citizen, born in Bogo, Cebu. He has all the

qualifications for the grant of Philippine citizenship and therefore the decision

appealed from should be maintained. But inasmuch as his witness Jesus Varallo

testified that the petitioner-appellee mingled politically friends for the candidate of

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his preference because he could not himself vote during elections, being an alien,

the government appealed contending that under the ruling of this Court in the case

of Benluy vs. Republic of the Philippines, the decision in question reversed.

These provisions on foreigner’s intervention of the OEC may not be taken

lightly, much less ignored. This section is intended to discourage foreigners from

taking active part in or otherwise interfering with our elections.

Section 82. Lawful election propaganda. – Lawful election propaganda shall

include:

(a) Pamphlets, leaflets, cards, decals, stickers or other written or printed

materials of a size not more than eight and one-half inches in width

and fourteen inches in length;

(b) Handwritten or printed letters urging voters to vote for against any

particular candidate;

(c) Cloth, paper, or cardboard posters, whether framed or posted, with an

area exceeding two feet by three feet , except that, at the site and on

the occasion of a public meeting or rally, streamers not exceeding

three feet by eight feet in size, shall be allowed: Provided, that said

streamers may not be displayed except one week before the date of

the meeting or rally and that it shall be removed within seventy-two

hours after said meeting or rally; or

(d) All other forms of election propaganda not prohibited by this Code as

Commission may authorize after due notice to all interested parties

and hearing where all the interested parties were given an equal

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opportunity to be published in two newspapers of general circulation

throughout the nation for at least twice within one week after the

authorization has been granted.

In order to understand clearly subsection (d), cascading down the

procedures for a petition for authority use other election propaganda, -any person

seeking authority to use other forms of election propaganda not covered by those

enumerated and not prohibited by law may file with the Commission, through the

Clerk of the Commission, a verified petition in eight (8) legible copies, describing

the election propaganda sought to be authorized with samples thereof.

Upon receipt of the petition, the Clerk of the Commission shall set it for

hearing and shall send notice thereof to the petitioner. On the day following the

receipt of the notice of hearing, the petitioner shall cause the publication of the

petition, together with the notice of the hearing, in two (2) newspapers general

circulation, notifying the Commission in such action.

If the Commission authorizes the use of within one (1) week after the

authorization has been granted.

Section 6 of Resolution No. 9615 states, election propaganda, whether

on television or cable television, radio, newspaper or any other medium, is

hereby allowed for all parties and for all bona fide candidates seeking national

and local elective positions subject to the limitation on authorized expenses of

candidates and parties, observation of truth in advertising, and to the supervision

and regulation by the Commission.

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Lawful election propaganda shall also include,” (e) Mobile units, vehicles

motorcades of all types, whether engine or manpower driven or animal drawn, with

or without sound systems or loud speakers and with or without lights; (f) Paid

advertisements in print or broadcast media subject to the requirements…and (g)

In headquarters or residences of candidates, lawful election paraphernalia may be

displayed, but banners or streamers… shall not be allowed.”

Moreover, presenting a case covers this section is Adiong vs. COMELEC

(G.R. No. 103956). The COMELEC promulgated Resolution No. 2347 pursuant to

its powers granted by the Constitution, the Omnibus Election Code, Republic Acts

Nos. 6646 and 7166 and other election laws. Delineated the said resolution’s

Section 15(a) provides and quote.

“Lawful Election Propaganda. — The following are lawful election

propaganda:

(a) Pamphlets, leaflets, cards, decals… Provided, that decals and stickers may be

posted only in any of the authorized posting areas provided in paragraph (f) of

Section 21 hereof.”

Section 21 (f) of the same resolution expressly provides:

“(f). Prohibited forms of election propaganda. —It is unlawful:

To draw, paint, inscribe, post, display or publicly exhibit any election

propaganda in any place, whether public or private, mobile or stationary, except

in the COMELEC common posted areas and/or billboards…”

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Petitioner Blo Umpar Adiong assails the COMELEC's Resolution insofar as it

prohibits the posting of decals and stickers in "mobile" places like cars and other

moving vehicles. According to him such prohibition is a violation of Section 82 of

the Omnibus Election Code and Section 11(a) of Republic Act No. 6646.

The petition is hereby GRANTED. The portion of Section 15 (a) of Resolution No.

2347 of the COMELEC providing that "decals and stickers may be posted only in

any of the authorized posting areas provided in paragraph (f) of Section 21 hereof"

is declared null and void.

The COMELEC's prohibition on posting of decals and stickers on "mobile"

places whether public or private except in designated areas provided for by the

COMELEC itself is null and void on constitutional grounds.

The prohibition unduly infringes on the citizen's fundamental right of free

speech enshrined in the Constitution (Sec. 4, Article III). Significantly, the freedom

of expression curtailed by the questioned prohibition is not so much that of the

candidate or the political party. The regulation strikes at the freedom of an

individual to express his preference and, by displaying it on his car, to convince

others to agree with him.

Also, the questioned prohibition premised on the statute (RA 6646) and as

couched in the resolution is void for over breadth. The restriction as to where the

decals and stickers should be posted is so broad that it encompasses even the

citizen's private property, which in this case is a privately-owned vehicle.) In

consequence of this prohibition, another cardinal rule prescribed by the

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Constitution would be violated. Section 1, Article III of the Bill of Rights provides

that no person shall be deprived of his property without due process of law.

Additionally, the constitutional objective to give a rich candidate and a poor

candidate equal opportunity to inform the electorate as regards their candidacies,

mandated by Article II, Section 26 and Article XIII, section 1 in relation to Article IX

(c) Section 4 of the Constitution, is not impaired by posting decals and stickers on

cars and other private vehicles. It is to be reiterated that the posting of decals and

stickers on cars, calesas, tricycles, pedicabs and other moving vehicles needs the

consent of the owner of the vehicle. Hence, the preference of the citizen becomes

crucial in this kind of election propaganda not the financial resources of the

candidate.

Last 2013 midterm election controversial scene, the Diocese of Bacolod,

one of the country’s largest Catholic archdiocese, posted a tarpaulin containing the

list of Team Patay and Team Buhay in the facade of San Sebastian Cathedral.

The contentious tarpaulin bared a list of senatorial candidates that the

diocese is asking Catholics to reject in the said election poll due to their stand in

favor of the reproductive health (RH) law and tagged them as Team Patay. Among

senatorial candidates enumerated were Alan Peter Cayetano, Juan Edgardo

Angara, Francisco Escudero, Loren Legarda, Risa Hontiveros-Baraquel, Teddy

Casiño and party list groups Gabriela, Bayan Muna, Akbayan, and Anak Pawis.

Meanwhile, six senatorial bets which are identified pro-life or as members

of Team Buhay namely JV Ejercito-Estrada, Antonio Trillañes IV, Gregorio

Honasan, Mitos Magsaysay, Aquilino “Koko” Pimentel III, Cynthia Villar and party

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lists Buhay and Ang Pamilya. The diocese was encouraging electorates to vote for

them.

The COMELEC gave an order to diocese to bring down the poster. Bacolod

Election Officer Mavil Majarucon- Sia’s had ordered the removal of the

controversial tarpaulin for being oversized at 6 feet by 10 feet, violating the OEC.

Stressing out that the Code allows campaign materials in private premises, but

only for a maximum size of 2 feet by 3 feet.

Under Resolution No. 9615, this resolution implements the provisions of

Republic Act 9006, more popularly known as Fair Election Act, for purposes of the

2013 national and local mid-term elections, distinguished campaign posters must

measure only 2 feet by 3 feet and displayed in common poster areas identified by

election officers. Propaganda materials in private property provided that it has the

consent of the owners and the posters are within the allowed sized.

However, diocese defied and argued that the material was covered by the

“broader constitutional guarantee of freedom of expression and conscience.”

Michelle Abella, counsel of Diocese of Bacolod, said the main message of the

tarpaulin is not about the midterm election but about the rejection of RH Law.

Abella further stated and quoted, “The stand and the campaign of the diocese

against the RH Law has been undertaken for almost two years now when the law

was just a bill, and is independent of any occasion electoral or otherwise.” Abella

also explained that the sized of the tarpaulin reflects the message that the diocese

wanted to convey to its flock: six feet below the ground as a symbol of death and

ten feet standing tall as the symbol of life.

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A petition was filed to Supreme Court regarding on this issue.

The Supreme Court held unconstitutional the Commission on Elections

order for the removal of Team Patay and Team Buhay tarpaulin. Voting 9-5, the

high court ruled that (1) the COMELEC has no power to regulate the free

expression of private citizens, who are neither candidates nor members of political

parties; (2) the COMELEC’s actions violated the rights of free speech and

expression of petitioners; (3) the COMELEC’s actions, directing petitioners to

remove the tarpaulins on their own property, also violated petitioner’s right to

property; and (4) the content of the tarpaulins is not religious speech , even if it is

written or has been caused to be written by petitioner Bishop (Bacolod Bishop

Vicente Navarra).

Upon this declaration of Supreme Court manifests that there is no election

law is being violated even as the tarpaulin is oversized.

Section 83. Removal, destruction or defacement of lawful election

propaganda prohibited. - It shall be unlawful for any person during the

campaign period to remove, destroy, obliterate, or in any manner deface or

tamper with, or prevent the distribution of lawful election propaganda.

On 2010 general election heated an issue between Makabayan Party and

Bayan Muna and Gabriela Party entailed section 83,

Jayvee Apiag, secretariat of Makabayan Cotabato, an alliance of

progressive political groups, said volunteers of Bayan Muna and Kabataan party

lists, caught two men over the weekend defacing posters of Representatives Liza

Maza and Satur Ocampo in Cotabato City.

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Further he said, the men also posted signs tagging the two candidates and

their organizations as communist groups. Ocampo who belongs to Bayan Muna

and Maza, a member of the GABRIELA party list group, are both political activists.

Apiag said they have photographs of one of the two men who were caught

defacing the campaign posters of Ocampo and Maza. The second man escaped

after volunteers of Bayan Muna and Kabataan party list groups accosted them.

“When being confronted, the civilian avoided questions and rushed on a

green multi-cab vehicle with license plate number LFX 739 where his companion

is waiting for him and hurried their way to Notre Dame Avenue fly-over. Makabayan

has documented the scenario,” he said.

Apiag said the two men were state agents. He said they would file charges

against the two men for violating the Omnibus Election Code. “We will file formal

complaints against agents of state for violating the election laws and for denying

us our right to campaign freely, free from any form of harassments, duress and

threats,” he said.

Only in the Philippines indeed. And this problem is somewhat a "suki" in

almost every election. This perennial act of defacing a candidate's face seems to

add color to Philippine election.

For example, organizers of contending candidates always have in their

campaign schedule "operation pintal" (codename for painting or defacing a rival

candidate's poster), "operation tang-tang" (codename for pulling out rival

candidate's posters or buntings) and "operation sapaw" (codename for inserting a

poster of their candidate over the rival candidate's poster.

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As election is fast approaching, the mainstream drama, candidates’ faces

are festooned along the city streets which are distracting our eyes.

While indeed there’s the glory of seeing your face on the wall for honorable

purpose, there also comes the entailing risks. Obviously, defacing a candidates'

campaign material is a condemnable act but it depends on whose side you're

asking. To the rival candidate, this may come more than a million thanks to the

culprit, but to the candidate concerned, this may raise all fires of hell.

Sec. 84. Requirements for published or printed election propaganda. - Any

newspaper, newsletter, newsweekly, gazette or magazine advertising,

posters, pamphlets, circulars, handbills, bumper stickers, streamers, simple

list of candidates or any published or printed political matter for or against a

candidate or group of candidates to any public office shall bear and be

identified by the words "paid for by" followed by the true and correct name

and address of the payor and by the words "printed by" followed by the true

and correct name and address of the printer.

Furthermore, RA 9006 Section 4 lays down the requirements for published

or printed and broadcast election propaganda which provides the following:

(4.1) Any newspaper, newsletter, newsweekly, gazette or magazine

advertising, posters, pamphlets, circulars, handbills, bumper stickers, streamers,

simple list of candidates or any published or printed political matter and any

broadcast of election propaganda by television or radio for or against a candidate

or group of candidates to any public office shall bear and be identified by the

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reasonably legible or audible words " political advertisement paid for " followed by

the true and correct name and address of the candidate or party for whose benefit

the election propaganda was printed or aired.

(4.2) If the broadcast is given free of charge by the radio or television station,

it shall be identified by the words, “airtime for this broadcast was provided free of

charge by” followed by the true and correct name and address of the broadcast

entity.

(4.3) Print, broadcast or outdoor advertisements donated to the candidate

or political party shall not be printed, published, broadcast or exhibited without the

written acceptance by the said candidate or political party. Such written

acceptance shall be attached to the advertising contract and shall be submitted to

the COMELEC....

Sec. 85. Prohibited forms of election propaganda. - It shall be unlawful:

(a) To print, publish, post or distribute any poster, pamphlet, circular,

handbill, or printed matter urging voters to vote for or against any candidate

unless they bear the names and addresses of the printer and payor as

required in Section 84 hereof;

(b) To erect, put up, make use of, attach, float or display any billboard,

tinplate-poster, balloons and the like, of whatever size, shape, form or kind,

advertising for or against any candidate or political party;

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(c) To purchase, manufacture, request, distribute or accept electoral

propaganda gadgets, such as pens, lighters, fans of whatever nature,

flashlights, athletic goods or materials, wallets, shirts, hats, bandanas,

matches, cigarettes and the like, except that campaign supporters

accompanying a candidate shall be allowed to wear hats and/or shirts or T-

shirts advertising a candidate;

(d) To show or display publicly any advertisement or propaganda for

or against any candidate by means of cinematography, audio-visual units or

other screen projections except telecasts which may be allowed as

hereinafter provided; and

(e) For any radio broadcasting or television station to sell or give free

of charge air time for campaign and other political purposes except as

authorized in this Code under the rules and regulations promulgated by the

Commission pursuant thereto.

Any prohibited election propaganda gadget or advertisement shall be

stopped, confiscated or torn down by the representative of the Commission

upon specific authority of the Commission.

Under Section 11 of RA 6646 underlies:

Prohibited Forms of Election Propaganda- In addition to the forms of election

propaganda prohibited under Section 85 of Batasang Pambansa Blg. 881, it shall

be unlawful:

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a. To draw, paint, inscribe, write, post, display, or publicly exhibit any election

propaganda in any whether private or public, except in the common poster

areas and/or billboards provided in the immediately preceding section, at

the candidate’s own residence, or at the campaign headquarters of the

candidate or political party: Provided, that such posters or election

propaganda shall in no case exceed two (2) feet by three (3) feet in area:

Provided further, that at the site of and on the occasion of a public meeting

or rally, streamers, not more than two (2) and not exceeding three (3) feet

by eight (8) feet each may be displayed five (5) days before the date of the

meeting or rally, and shall be removed within twenty-four (24) hours after

said meeting or rally; and

b. For any newspaper, radio broadcasting or television station, or other mass

media, to sell or to give free of charge print space or air time for campaign

or other political purposes except to the Commission as provided under

Section 90 and 92 of Batas Pambansa Blg. 881. Any mass media columnist,

commentator, announcement or personality who is a candidate for any

elective public office shall take a leave of absence from his work as such

during the campaign period.

Under Section 7 of Resolution No. 9615, enlisted the Prohibited Forms of

Election Propaganda. - During the campaign period, it is unlawful:

a. To print, publish, post or distribute any newspaper, newsletter, newsweekly,

gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper

sticker, poster, comic book, circular, handbill, streamer, sample list of

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candidates or any published or printed political matter and to air or

broadcast any election propaganda or political advertisement by television

or radio or on the internet for or against a candidate or group of candidates

to any public office, unless they bear and be identified by the reasonably

legible, or audible words “political advertisement paid for,” followed by the

true and correct name and address of the candidate or party for whose

benefit the election propaganda was printed or aired. It shall likewise be

unlawful to publish, print or distribute said campaign materials unless they

bear, and are identified by, the reasonably legible, or audible words “political

advertisements paid by,” followed by the true and correct name and address

of the payor.

b. To print, publish, broadcast or exhibit any such election propaganda

donated or given free of charge by any person or publishing firm or

broadcast entity to a candidate or party without the written acceptance by

the said candidate or party and unless they bear and be identified by the

words "printed free of charge,” or “airtime for this broadcast was provided

free of charge by”, respectively, followed by the true and correct name and

address of the said publishing firm or broadcast entity;

c. To show, display or exhibit publicly in a theater, television station, or any

public forum any movie, cinematography or documentary portraying the life

or biography of a candidate, or in which a character is portrayed by an actor

or media personality who is himself a candidate;

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d. For any newspaper or publication, radio, television or cable television

station, or other mass media, or any person making use of the mass media

to sell or to give free of charge print space or air time for campaign or

election propaganda purposes to any candidate or party in excess of the

size, duration or frequency authorized by law or these rules;

e. For any radio, television, cable television station, announcer or broadcaster

to allow the scheduling of any program, or permit any sponsor to manifestly

favor or oppose any candidate or party by unduly or repeatedly referring to,

or unnecessarily mentioning his name, or including therein said candidate

or party; and

f. To post, display or exhibit any election campaign or propaganda material

outside of authorized common poster areas, in public places, or in private

properties without the consent of the owner thereof.

g. Public places referred to in the previous subsection (f) include any of the

following:

1. Electronic announcement boards, such as LED display boards

located along highways and streets, LCD TV displays posted on

walls of public buildings, and other similar devices which are owned

by local government units, government-owned and controlled

corporations, or any agency or instrumentality of the Government;

2. Motor vehicles used as patrol cars, ambulances, and other similar

purposes that are owned by local government units, government-

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owned and controlled corporations, and other agencies and

instrumentalities of the Government, particularly those bearing red

license plates;

3. Waiting sheds, sidewalks, street and lamp posts, electric posts and

wires, traffic signages and other signboards erected on public

property, pedestrian overpasses and underpasses, flyovers and

underpasses, bridges, main thoroughfares, center islands of roads

and highways;

4. Schools, shrines, barangay halls, health centers, public structures

and buildings or any edifice thereof;

5. Public utility vehicles such as buses, jeepneys, trains, taxi cabs,

ferries, pedicabs and tricycles, whether motorized or not;

6. Within the premises of public transport terminals, such as bus

terminals, airports, seaports, docks, piers, train stations, and the like.

The violation of items 4 and 5 under subsection (g) shall be a

cause for the revocation of the public utility franchise and will make

the owner and/or operator of the transportation service and/or

terminal liable for an election offense under Section 9 of Republic Act

No. 9006 as implemented by Section 18 (n) of these Rules (Section

9 of RA 9006 and Section 18 (n) of Resolution No. 9615 will be

presented under Section 91.COMELEC Poster Area, of this paper.)

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The printing press, printer, or publisher who prints, reproduces

or publishes said campaign materials, and the broadcaster, station

manager, owner of the radio or television station, or owner or

administrator of any website who airs or shows the political

advertisements, without the required data or in violation of these

rules shall be criminally liable with the candidate and, if applicable,

further suffer the penalties of suspension or revocation of franchise

or permit in accordance with law.

The Resolution No. 9615 also provided removal, confiscation, or destruction

of prohibited propaganda materials which underlies Section 25. “Any prohibited

form of election propaganda shall be summarily stopped, confiscated, removed,

destroyed, or torn down by the representatives of the Commission, at the expense

of the candidate, parties or person for whose apparent benefit the prohibited

election propaganda materials have been produced, displayed, and disseminated.

Any person, party, association, agency, office, bureau or department of the

government may file with the Commission, through its field office, a petition to

confiscate, remove, destroy and/or stop the distribution of any propaganda

material on the ground that the same is offensive to public morals, libelous, illegal,

prohibited, subversive or irrelevant to the election issues.

The Commission, after summary hearing, shall resolve the petition within

six (6) days from the time it is submitted for decision. Where the parties concerned

cannot be contacted or are unknown or refuse to appear at the hearing, the

Commission may decide the petition ex parte.

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The Commission may, motu proprio, immediately order the removal,

destruction and/or confiscation of any prohibited propaganda material, or those

materials which contain statements or representations that are illegal, prohibited,

patently libelous, offensive to public morals, subversive or which tend to incite

sedition or rebellion.”

One thing more, under Section 24 mandates the creation of task force to

tear down and remove unlawful election materials. “There is hereby created a task

force to tear down and remove all unlawful election materials composed of the

Election Officer as Chairman, the Station Commander of the PNP (Chief of Police)

as Vice Chairman, and a third member belonging to any of the deputized agencies

of the Commission.

The Task Force shall have the following duties and functions:

a. To tear down and remove campaign propaganda materials posted in public

places outside the common poster areas;

b. To tear down and remove all prohibited forms of campaign materials

wherever posted or displayed;

c. To monitor and watch out for persons posting or distributing said unlawful

election paraphernalia and to arrest said persons caught in the act; and

d. To make a report of said activities done by them. “

Furthermore, under the resolution’s Section 25 details removal of prohibited

propaganda materials before the start of the campaign period. “All prohibited forms

of election propaganda as described… shall be immediately removed, or caused

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to be removed, by said candidate or party before the start of the campaign period;

otherwise, the said candidate or party shall be presumed to have committed the

pertinent election offense during said campaign period for national candidates or

for local candidates as the case may be.

The prohibited forms of propaganda contemplated in this Section include any

names, images, logos, brands, insignias, color motifs, initials, and other forms of

identifiable graphical representations placed by incumbent officials on any public

structures or places…”

In 2010 National Election, Commission on Elections has warned 17 candidates

for national office, including six for President, they could be disqualified if they

failed to take down illegally placed and illegally sized campaign materials in Metro

Manila and nearby provinces.

The Comelec's law department sent letters to these candidates formally

requesting them to remove their posters, billboards and streamers within three

days, and telling them that they could be disqualified and fined if they failed to do

so.

The aspiring Presidents found to have campaign materials that were too big

or were placed outside the common poster areas are Benigno Aquino III; Manuel

Villar; Gilbert Teodoro; Richard Gordon; Joseph Estrada; and Eddie Villanueva.

Also found to have disallowed materials were vice-presidential candidates

Bayani Fernando, Jejomar Binay and Perfecto Yasay.

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Senatorial candidates allegedly also in violation of the rules on campaign

materials were Rey Langit; Lito Lapid; Vicente Sotto; Ferdinand Marcos Jr.; Joey

de Venecia; and JV Bautista.

The party lists A-Tambay and Bukid also had illegally placed paraphernalia.

Under the Comelec's rules, posters, banners and streamers should be placed

only in common poster areas, or in private residences, but with the consent of the

owner.

The rules also state that the posters should not exceed two feet by three feet.

The maximum size of streamers, on the other hand, is three feet by eight feet.

However, in totality the number of illegally posted campaign materials in 2010

National Elections has noticeably gone down according to a Commission on

Elections.

Last midterm election, COMELEC notified the administration for slate

campaign materials that violated posting rules, the poll body sent warning to more

individual candidates of Team PNoy and the opposition United Nationalist Coalition

(NPC) for similar violations. Notices were sent to remove illegal posters were also

sent to Team Pnoy candidates (joint ad), Sen. Chiz Escudero, Jamby Madrigal &

Bam Aquino. As well as, Sen. Trillanes, Cong. Jack Enrile, Migz Zubiri, Nancy

Binay , Sen. Koko Pimentel, Risa Hontiveros, Ed Hagedorn, Sonny Angara, and

Teddy Casiño to remove their illegal posters. Even party-list groups, COMELEC

sent notices to remove illegal campaign posters were also served on AnakPawis

& Magdalo. Kabataan Partylist was served its 4th notice to remove. Then,

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Kabataan Partylist has already obtained 3 notices last week. Others who also

received warnings were, Pwersa ng Bayaning Atleta (PBA), Buhay Hayaang

Yumabong (BUHAY) - 3 notices, 1 Joint Alliance of Marginalized Group (1JAM),

Piston Land Transportation Coalition (PISTON), and LPG Marketers Association

(LPGMA) - 3 notices. These candidates and groups are given 3 days upon receipt

of the notice to take down their unlawful campaign materials. Otherwise, the

COMELEC will initiate election offense charges against them, which may lead to

their disqualification.

In the 2013 polls set of notices, the Team PNoy slate has received the most

number of warnings to individual candidates. This is apart from the notice sent to

the whole slate for an illegal poster bearing the group's photo.

On May 2013 polls, COMELEC set guidelines to minimize vote-buying.

According to COMELEC’s definition of vote-buying, “is any giving of money or

anything for purposes of getting a vote. It is done a few days before the

elections, usually on the eve or two days before.”

But COMELEC Chairman Sixto Brillantes said distributing small giveaways

is not considered vote-buying under Republic Act 9006 or the Fair Elections

Act. The law repealed this section (Section 85) of OEC which considered as

“unlawful propaganda to purchase, manufacture, request, distribute or accept

electoral propaganda gadgets, such as pens, lighters, fans of whatever nature,

flashlights, athletic goods, or materials, wallets, shirts, hats, bandanas,

matches, cigarettes, and the like….” The Code stipulated that “campaign

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supporters accompanying a candidate shall be allowed to wear hats and /or

shirts or t-shirts advertising a candidate.”

Brillantes stated, “Before it was not allowed to give light, umbrellas, t-

shirts…Now that’s allowed as long as these freely given as campaign

materials.”

The poll chief further explained if the campaign materials are given close to

Election Day, it might still be considered as vote-buying, although difficult to

prove. According to him, it’s a matter of evidence, that’s why they are urging

the people to present evidence to COMELEC if they know of such.

Moreover, giveaways such pens and fans are OK for COMELEC. But giving

foods such as lechon and pancit to voters on the eve of Election Day could

constitute vote-buying expressed by COMELEC.

Sec. 86. Regulation of election propaganda through mass media. –

(a) The Commission shall promulgate rules and regulations regarding

the sale of air time for partisan political purposes during the campaign

period to insure the equal time as to duration and quality in available to all

candidates for the same office or political parties at the same rates or given

free of charge; that such rates are reasonable and not higher than those

charged other buyers or users of air time for non-political purposes; that the

provisions of this Code regarding the limitation of expenditures by

candidates and political parties and contributions by private persons,

entities and institutions are effectively enforced; and to ensure that said

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radio broadcasting and television stations shall not unduly allow the

scheduling of any program or permit any sponsor to manifestly favor or

oppose any candidate or political party by unduly or repeatedly referring to

or including said candidate and/or political party in such program

respecting, however, in all instances the right of said stations to broadcast

accounts of significant or newsworthy events and views on matters of public

interest.

(b) All contracts for advertising in any newspaper, magazine,

periodical or any form of publication promoting or opposing the candidacy

of any person for public office shall, before its implementation, be registered

by said newspaper, magazine, periodical or publication with the

Commission. In every case, it shall be signed by the candidate concerned or

by the duly authorized representative of the political party.

(c) No franchise or permit to operate a radio or television station shall

be granted or issued, suspended or cancelled during the election period.

Any radio or television stations, including that owned or controlled by

the Government, shall give free of charge equal time and prominence to an

accredited political party or its candidates if it gives free of charge air time

to an accredited political party or its candidates for political purposes.

In all instances, the Commission shall supervise the use and

employment of press, radio and television facilities so as to give candidates

39

equal opportunities under equal circumstances to make known their

qualifications and their stand on public issues within the limits set forth in

this Code on election spending.

Rules and regulations promulgated by the Commission under and by

authority of this section shall take effect on the seventh day after their

publication in at least two daily newspapers of general circulation. Prior to

the effectivity of said rules and regulations, no political advertisement or

propaganda for or against any candidate or political party shall be published

or broadcast through the mass media.

Violation of the rules and regulations of the Commission issued to

implement this section shall be an election offense punishable under Section

264 hereof.

Under Sec. 264 lays down any person found guilty of any election offense

under this Code shall be punished with imprisonment of not less than one year but

not more than six years and shall not be subject to probation. In addition, the guilty

party shall be sentenced to suffer disqualification to hold public office and

deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to

deportation which shall be enforced after the prison term has been served. Any

political party found guilty shall be sentenced to pay a fine of not less than ten

thousand pesos, which shall be imposed upon such party after criminal action has

been instituted in which their corresponding officials have been found guilty.

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Republic Act No. 9006, otherwise known as "Fair Elections Act”, Section 6

guarantees Equal Access to Media Time and Space. - All registered parties and

bona fide candidates shall have equal access to media time and space. The

following guidelines may be amplified on by the COMELEC:

6.1 Print advertisements shall not exceed one-fourth (1/4) page in broadsheet

and one-half (1/2) page in tabloids thrice a week per newspaper, magazine

or other publications, during the campaign period.

6.2

a. Each bona fide candidate or registered political party for a nationally

elective office shall be entitled to not more than one hundred twenty

(120) minutes of television advertisement and one hundred eighty

(180) minutes of radio advertisement whether by purchase or

donation.

b. Each bona fide candidate or registered political party for a locally

elective office shall be entitled to not more than sixty (60) minutes of

television advertisement and ninety (90) minutes of radio

advertisement whether by purchase or donation.

For this purpose, the COMELEC shall require any broadcast station or

entity to submit to the COMELEC a copy of its broadcast logs and

certificates of performance for the review and verification of the frequency,

date, time and duration of advertisements broadcast for any candidate or

political party.

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6.3 All mass media entities shall furnish the COMELEC with a copy of all

contracts for advertising, promoting or opposing any political party or the

candidacy of any person for public office within five (5) days after its signing.

In every case, it shall be signed by the donor, the candidate concerned or

by the duly authorized representative of the political party.

6.4 No franchise or permit to operate a radio or television station shall be

granted or issued, suspended or cancelled during the election period. In all

instances, the COMELEC shall supervise the use and employment of

press, radio and television facilities insofar as the placement of political

advertisements is concerned to ensure that candidates are given equal

opportunities under equal circumstances to make known their qualifications

and their stand on public issues within the limits set forth in the Omnibus

Election Code and Republic Act No. 7l66 on election spending.

The COMELEC shall ensure that radio or television or cable television

broadcasting entities shall not allow the scheduling of any program or

permit any sponsor to manifestly favor or oppose any candidate or political

party by unduly or repeatedly referring to or including said candidate and/or

political party in such program respecting, however, in all instances the right

of said broadcast entities to air accounts of significant news or news worthy

events and views on matters of public interest.

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6.5 All members of media, television, radio or print, shall scrupulously report

and interpret the news, taking care not to suppress essential facts nor to

distort the truth by omission or improper emphasis. They shall recognize

the duty to air the other side and the duty to correct substantive errors

promptly.

6.6 Any mass media columnist, commentator, announcer, reporter, on-air

correspondent or personality who is a candidate for any elective public

office or is a campaign volunteer for or employed or retained in any capacity

by any candidate or political party shall be deemed resigned, if so required

by their employer, or shall take a leave of absence from his/her work as

such during the campaign period: Provided, That any media practitioner

who is an official of a political party or a member of the campaign staff of a

candidate or political party shall not use his/her time or space to favor any

candidate or political party.

6.7 No movie, cinematograph or documentary portraying the life or biography

of a candidate shall be publicly exhibited in a theater, television station or

any public forum during the campaign period.

6.8 No movie, cinematograph or documentary portrayed by an actor or media

personality who is himself a candidate shall likewise be publicly exhibited

in a theater or any public forum during the campaign period.

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Resolution No. 9615 provides under Section 9, the requirements

and/or limitations on the use of election propaganda through mass media.

Stating that, all parties and bona fide candidates shall have equal access

to media time and space for their election propaganda during the campaign

period subject to the following requirements and/or limitations:

a. Broadcast Election Propaganda -The duration of air time that a

candidate, or party may use for their broadcast advertisements or

election propaganda shall be, as follows:

For Candidates / Registered Political parties for a National Elective Position

Not more than an aggregate total of one hundred (120) minutes of television advertising, whether appearing on national, regional, or local, free or cable television, and one hundred eighty (180) minutes of radio advertising, whether airing on national, regional, or local radio, whether by purchase or donation.

For Candidates / Registered Political parties for a Local Elective Position

Not more than an aggregate total of sixty (60) minutes of television advertising, whether appearing on national, regional, or local, free or cable television, and ninety (90) minutes of radio advertising, whether airing on national, regional, or local radio, whether by purchase or donation.

*** Last 2013 midterm election, the COMELEC had seen folly of liberally

interpreting the section on airtime advertisements. When Republic Act 9006

was first implemented in 2001, the COMELEC allowed each national

candidate a maximum aggregate of 120 minutes of TV ads and I80 of radio

ads. In 2004, COMELEC chair Benjamin Abalos re-interpreted the law and

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allowed each candidate 120 minutes per TV station and 180 minutes per

radio station. This observed until 2010 presidential elections.

Instead of promoting fair elections, however, the old rule skewed the

political landscape in favor of the moneyed, frustrating the original intent of

the law. So in the recent midterm election, COMELEC adopted the original

limits which underlies in Section 9 of Resolution No. 9615. This new rule

surprised TV and radio stations. This limits were questioned in separate

petitions to Supreme Court filed by GMA Network Incorporated, ABC

Development Corporations, Manila Broadcasting Company Incorporated,

the Kapisanan ng mga Broadcaster ng Pilipinas, and ABS-CBN.

The Supreme Court has ruled with finality that the maximum

allowable airtime for political ads for national candidates is 120 minutes per

television and 180 minutes per radio station, junking the limits that

COMELEC imposed in 2013 polls. Supreme Court said that the change

from the previous regulation of 120 minutes “per station” to “all stations”

was arbitrary. It also violated the freedom of expression, speech, and of the

press and the people’s right to suffrage. The ruling dated October 22, 2014

further stated and quote,

“The unanimous ruling of the court makes permanent the restraining

order on Section 9 (subsection (a)) of COMELEC Resolution No. 9615, as

amended by Resolution No. 9631. The said section sets the airtime cap.”***

In cases where two or more candidates or parties whose names,

initials, images, brands, logos, insignias, color motifs, symbols, or forms of

45

graphical representations are displayed, exhibited, used, or mentioned

together in the broadcast election propaganda or advertisements, the

length of time during which they appear or are being mentioned or

promoted will be counted against the airtime limits allotted for the said

candidates or parties and the cost of the said advertisement will likewise be

considered as their expenditures, regardless of whoever paid for the

advertisements or to whom the said advertisements were donated.

Appearance or guesting by a candidate on any bona fide newscast,

bona fide news interview, bona fide news documentary, if the appearance

of the candidate is incidental to the presentation of the subject or subjects

covered by the news documentary, or on-the-spot coverage of bona fide

news events, including but not limited to events sanctioned by the

Commission on Elections, political conventions, and similar activities, shall

not be deemed to be broadcast election propaganda within the meaning of

this provision. To determine whether the appearance or guesting in a

program is bona fide, the broadcast stations or entities must show that: (1)

prior approval of the Commission was secured; and (2) candidates and

parties were afforded equal opportunities to promote their

candidacy. Nothing in the foregoing sentence shall be construed as

relieving broadcasters, in connection with the presentation of newscasts,

news interviews, news documentaries, and on-the-spot coverage of news

events, from the obligation imposed upon them under Sections 10 and 14

of these Rules.

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“SECTION 10. Fair and Accurate Reporting. - All members of the news

media, television, radio, print, or online, shall scrupulously report and

interpret the news, taking care not to suppress essential facts or distort the

truth by omission or improper emphasis. They shall recognize the duty to

air the other side and the duty to correct substantive errors promptly without

prejudice to the right of said broadcast entities to air accounts of significant

news or newsworthy events and views on matters of public interest.”

“SECTION 14. Right to Reply - All parties and bona fide candidates shall

have the right to reply to charges published or aired against them. The

reply shall be given publicity by the newspaper, television, and/or radio

station which first printed or aired the charges with the same prominence

or in the same page or section, or in the same time slot as the first

statement.”

Provided, further, that a copy of the broadcast advertisement

contract be furnished to the Commission, thru the Education and

Information Department, within five (5) days from contract signing.

b. Printed or Published Election Propaganda -The maximum size of

print advertisements for each candidate, whether for a national or

local elective positions, or party shall be, as follows:

In broadsheets One fourth (1/4) page

In tabloids One half (1/2) page

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Said print advertisement, whether procured by purchase, or given free

of charge, shall not be published more than three times a week per

newspaper, magazine, or other publication during the campaign period.

c. Online Election Propaganda - The maximum size of online

propaganda for each candidate, whether for a national or local

elective position, or party shall be as follows:

Name Width/pixels Height/pixels Aspect Ratio

Rectangles and Pop-ups Medium 300 250 1.2

Square Pop-up 250 250 1 Vertical Rectangle 240 400 1.67 Large Rectangle 336 280 1.2 Rectangle 180 150 1.2 3:1 Rectangle 300 100 3 Pop-Under 7.20 300 2.4

Banners and Buttons Full Banner 468 60 7.8 Half Banner 234 60 3.9 Micro-Bar 88 31 2.84 Button 1 120 90 1.33 Button 2 120 60 2 Vertical Banner 120 240 2 Square Button 125 125 1

Leaderboard 728 90 8.09 Skyscrapers

Wide skyscraper 160 600 3.75 Skyscraper 120 600 5 Half-Page ad 300 600 2

Said online advertisement, whether procured by purchase, or

given free of charge, shall not be published more than three times a

week per website during the campaign period. For this purpose, the

exhibition or display of the online advertisement for any length of

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time, regardless of frequency, within a 24 hour period, shall be

construed as one instance of publication.

d. Common requirements/limitations:

1. Any printed or published, and broadcast election propaganda for or

against a candidate or group of candidates to any public office shall

bear and be identified by the reasonably legible or audible words

“political advertisement paid for,” followed by the true and correct

name and address of the candidate or party whose benefit the

election propaganda was printed or aired. It must also bear, and be

identified by, the reasonably legible, or audible words “political

advertisement paid by,” followed by the true and correct name and

address of the payor. This rule shall apply to online advertisements.

2. If the printed or published election propaganda is donated by the

publishing firm, or the broadcast election propaganda is given free

of charge by the radio, or television station or cable television, it shall

bear and be identified by the reasonably legible or audible words

“printed free of charge,” or “airtime for this broadcast was provided

free of charge by,” respectively, followed by the true and correct

name and address of the said publishing firm or broadcast entity.

This rule shall apply to online advertisements.

3. For the above purpose, each broadcast entity and website owner or

administrator shall submit to the Commission a certified true copy of

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its broadcast logs, certificates of performance, or other analogous

record, including certificates of acceptance as required in Section

7(b) of these Guidelines (laid down under Section 84 of this paper) ,

for the review and verification of the frequency, date, time and

duration of advertisements aired for any candidate or party through:

For Broadcast Entities in the NCR - The Education and Information

Department (EID) which in turn shall furnish copies thereof to the

Campaign Finance Unit (CFU) of the Commission within five days

from receipt thereof.

For Broadcast Entities outside of the NCR - The City/Municipal

Election Officer (EO) concerned, who in turn, shall furnish copies

thereof to the Education and Information Department (EID) of the

Commission which in turn shall furnish copies thereof to the

Campaign Finance Unit (CFU) of the Commission within five (5)

days from the receipt thereof.

For website owners or administrators – The City/Municipal Election

Officer (EO) concerned, who in turn, shall furnish copies thereof to

the Education and Information Department (EID) of the Commission

which in turn shall furnish copies thereof to the Campaign Finance

Unit (CFU) of the Commission within five (5) days from the receipt

thereof.

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All broadcast entities shall preserve their broadcast logs for a

period of five (5) years from the date of broadcast for submission to

the Commission whenever required.

Certified true copies of broadcast logs, certificates of performance,

and certificates of acceptance, or other analogous record shall be

submitted, as follows:

Candidates for National Positions

1st Report

3 weeks after start of campaign period

March 4 - 11

2nd Report

3 weeks after 1st filing week

April 3 - 10

3rd Report

1 week before election day

May 2 - 9

Last Report

Election week May 14 - 17

Candidates for Local Positions

1st Report

1 week after start of campaign period

April 15 - 22

2nd Report

1 week after 1st filing week

April 30 - May 8

3rd Report

Election week May 9 - 15

Last Report

1 week after election day

May 16 - 22

For subsequent elections, the schedule for the submission of reports

shall be prescribed by the Commission.

There was a time when political advertising was not allowed in the

Philippines. The ban was only lifted in the 2001 senatorial elections.

Election propaganda through mass media, particularly TV political Ads, is

an indispensable tool to influence voters.

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Sec. 87. Rallies, meetings and other political activities. - Subject to the

requirements of local ordinances on the issuance of permits, any political

party supporting official candidates or any candidate individually or jointly

with other aspirants may hold peaceful political rallies, meetings, and other

similar activities during the campaign period: Provided, That all applications

for permits to hold meetings, rallies and other similar political activities,

receipt of which must be acknowledged in writing and which application

shall be immediately posted in a conspicuous place in the city or municipal

building, shall be acted upon in writing by local authorities concerned within

three days after the filing thereof and any application not acted upon within

said period shall be deemed approved: and Provided, further, That denial of

any application for said permit shall be appealable to the provincial election

supervisor or to the Commission whose decision shall be made within forty-

eight hours and which shall be final and executory: Provided, finally, That

one only justifiable ground for denial is a prior written application by any

candidate or political party for the same purpose has been approved.

Public Forum- The Commission shall encourage non-political, non-partisan

private or civic organizations to initiate and hold in every city and

municipality, public fora at which all registered candidates for the same

office may simultaneously and personally participate to present, explain,

and/or debate on their campaign platforms and programs and other like

issues. The Commission shall promulgate the rules and regulations for the

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holding of such fora assure its non-partisan character and the equality of

access thereto by all candidates.

In addition, public rally, meetings and other political activities must have a

permit (written) from the local authorities to conduct those activities. The

application of the permit may be approved or be denied by local authorities but the

denial of the application may be appealable by the provincial election supervisor

or to the Commission whose decision shall be made within forty-eight hours and

which shall be final and executory: Provided, finally, That one only justifiable

ground for denial is a prior written application by any candidate or political party for

the same purpose has been approved.

Under Resolution No. 9615 under Section 28 indicates rallies, meetings and

other political activities. “Any party or candidate shall notify the election officer

concerned of any public rally said party or candidate intends to organize and hold

in the city or municipality. The notice must be submitted three (3) working days

prior to the date thereof, and must include the venue and its address, as well as a

commitment to submit a Statement of Expenses, and within seven (7) working

days thereafter submit to the election officer a Statement of Expenses incurred in

connection therewith. The prescribed forms for Notice of Public Rally and

Statement of Expenses.”

In addition in the same resolution under Section 29 provides application

for permit to hold public meetings, rallies or other political activities. “All

applications for permits to hold public meetings, rallies and other similar political

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activities shall be filed with the authorized city or municipal official who shall

acknowledge receipt thereof in writing. Immediately after its filing, the application

shall be posted in a conspicuous place in the city hall or municipal building.”

The official before whom the application is filed shall submit to the Election

Officer (EO) concerned on the first working day of each week the list of

applications, if any, filed during the previous week and the action taken thereon.

Comprise under Section 30 of this resolution the action on application for

permit. “Within three (3) days after the filing of an application for permit to hold

public meetings, rallies or other political activities, the local authority concerned

shall act in writing on said application. Any application not acted upon within three

(3) days from the date of its filing shall be deemed approved.

In acting on the application, the approving official shall give all candidates

and parties equal and fair opportunity as to date, time and place, to hold public

political meetings or rallies. In the last week of the campaign period, all

independent candidates and parties shall be entitled to hold at least one public

meeting or rally, at the time to be chosen by the applicant, in the public plaza or

place where public political meetings or rallies are usually held.

An application for permit shall be denied only on the ground that a prior

written application by another candidate or party for the same purpose has been

approved. Denial or any application may be appealed to the Provincial Election

Supervisor and in the National Capital Region, to the Regional Election Director

who shall decide the same within forty-eight (48) hours after the filing of the appeal,

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and shall give notice of the decision to the parties. The decision shall be final and

executory.”

Laying down under Section 31 of the said resolution is prohibited acts during

public meetings. ”It is unlawful for any candidate, party or any person to give or

accept, free of charge, directly or indirectly, transportation, food and drinks, or

anything of value during and within the five (5) hours before and after a public

meeting, or to give or contribute, directly or indirectly, money or things of value for

such purpose.”

In barangay election 2013, The Metropolitan Manila Development

Authority (MMDA) has received the go signal from the Commission on Elections

(COMELEC) to regulate the use of major roads for motorcades, rallies and other

activities related to the Oct. 28 barangay elections.

Candidates or political parties who wish to stage such activities which can

cause heavy traffic must notify the MMDA at least three days before the event,

according to its chair, Francis Tolentino.

Tolentino stated the COMELEC had approved his agency’s proposal to

regulate the use of at least 23 major roads for campaign activities, citing Section

87 of the Omnibus Election Code which grants such authority to the MMDA.

Any violation of this provision—or failure to notify the MMDA in advance—is

considered an election offense.

Tolentino clarified that their proposal is not intended to prohibit any election

campaign activity but merely to regulate the use of major roads.

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And, last midterm elections in May, the COMELEC also issued a resolution

for the same purpose. This was after motorists and commuters aired complaints

over the traffic jams caused by the campaign rallies of local and national

candidates in Metro Manila.

Sec. 88. Public rally. - Any political party or candidate shall notify the election

registrar concerned of any public rally said political party or candidate

intends to organize and hold in the city or municipality, and within seven

working days thereafter submit to the election registrar a statement of

expenses incurred in connection therewith.

Sec. 89. Transportation, food and drinks. - It shall be unlawful for any

candidate, political party, organization, or any person to give or accept, free

of charge, directly or indirectly, transportation, food or drinks or things of

value during the five hours before and after a public meeting, on the day

preceding the election, and on the day of the election; or to give or

contribute, directly or indirectly, money or things of value for such purpose.

Relating under this section a disqualification case Nolasco vs. COMELEC,

the said disqualification was filed against Meycauayan, Bulacan Mayor-elect

Florentino Blanco for alleged performing acts which are grounds for disqualification

under the Omnibus Election Code – giving money to influence, induce or corrupt

the voters or public officials performing election functions: for committing acts of

terrorism to enhance his candidacy, and for spending an amount for his campaign

in excess of what is allowed by the law. The COMELEC First Division required

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both parties to submit their position papers. The case was decided against Blanco.

A reconsideration was moved by Blanco in the COMELEC En Banc.

Nolasco, the vice-mayor-elect took part as intervener, urging that should Blanco

be finally disqualified, the mayoralty position be turned over to him. The parties

were allowed to file their memoranda.

The Supreme Court held Blanco was not denied due process and equal

protection of the laws. He was given all the opportunity to prove that the evidence

on his disqualification was not strong. Blanco’s contention that the minimum

quantum of evidence was not met is untenable. What RA 6646 and the COMELEC

Rules of Procedure require is a mere evidence of guilt that should be strong to

justify the COMELEC in suspending a winning candidate’s proclamation.

The Regional Trial Court (RTC) 9th Judicial Region Branch 14, issued a

warrant of arrest order against Talisayan Barangay chairwoman Josephine “Pin-

Pin” Pareja, and two other barangay kagawads for violation of paragraph (a) of

Section 261 in reference to Section 89 of Batas Pambansa Blg. 881, otherwise

known as the Omnibus Election Code. This was revealed by Joaquin “Sonny”

Diaz, Jr., as a private complainant of the case, in connection to his protest

concerning the alleged hiring of public transportation vehicles to ferry voters during

the barangay election in 2010 elections.

The Order dated September 4, 2012, issued by Presiding Judge Reynerio

Estacio, states that “It appearing from the supporting affidavits and other

documents attached to the record of this case that the accused are probably guilty

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of the offense charged in the information. Let warrant be issued for the arrest of

the accused.”

But a source who requested anonymity said the accused has already bailed

out.

Definitely, this is a lesson to everyone concerned, especially to any persons

seeking elective position. Candidates should be trustworthy, play fair and square.

Sec. 90. Comelec space. - The Commission shall procure space in at least

one newspaper of general circulation in every province or city: Provided,

however, that in the absence of said newspaper, publication shall be done in

any other magazine or periodical in said province or city, which shall be

known as "Comelec Space" wherein candidates can announce their

candidacy. Said space shall be allocated, free of charge, equally and

impartially by the Commission among all candidates within the area in which

the newspaper is circulated.

The case of Philippine Press Institute (PPI) vs. COMELEC, PPI asked the

Supreme Court to declare COMELEC’s Resolution No. 2772 unconstitutional and

void on the ground that it violated the prohibition imposed by the Constitution upon

the government against the taking of private property of public use without just

compensation.

The berated Resolution No. 2772 provided under Section 2, “The

Commission shall procure free of not less than one half (1/2) page in at least one

newspaper of general circulation in every province or city for use as ‘COMELEC

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Space’ from March 6, 1995 until May 12, 1995. In the absence of said newspaper,

‘COMELEC Space’ shall be obtained from any magazine or periodical of said

province or city. ‘COMELEC Space’ shall be allocated by the Commission, free of

charge, among all candidates within the area in which the newspaper, magazine,

or periodical is circulated to enable the candidates to make known their

qualifications, their stand on public issues and their platforms and programs of

government, outlined under Section 3 of the abovementioned Resolution.

The Supreme Court hereby declared the Resolution unconstitutional. It held

that to compel print media companies to donate ‘COMELEC Space’ amounts

taking of private personal property without payment of the just compensation

required in expropriation cases. Moreover, the element of necessity for taking has

not been established by respondent COMELEC, considering that the newspapers

were not unwilling to sell advertising space. The taking of private property for public

use is authorized by the constitution, but not without payment of just compensation.

Also, Resolution No. 2772 does not constitute a valid exercise of the police power

of the state. In the case at bench, there is no showing of existence of a national

emergency to take private property of newspaper or magazine publishers.

In collaboration with this Section 90, Resolution No. 9615 outlines Section 12,

the Commission shall procure print space…as follows:

a. Print Space

The Commission shall, through the Education and Information Department,

upon payment of just compensation, procure print space in at least three (3)

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national newspapers of general circulation wherein candidates for national

office can announce their candidacies. Such space shall be allocated free

of charge equally and impartially to all candidates for national office on three

different calendar days, as follows:

1st day – within the first week of the campaign period;

2nd day – within the fifth week of the campaign period;

3rd day - within the tenth week of the campaign period

The Commission shall, through the Regional Election Director (RED), or in

the case of the National Capital Region (NCR), the Education and Information

Department, upon payment of just compensation, procure print space in at least

one (1) newspaper of general circulation in the province or city which shall be

known as COMELEC Space to be utilized exclusively for public information

dissemination on election-related concerns. In the absence of said newspaper of

general circulation, publication shall be done in any other magazine or periodical

in the province or city….

Sec. 91. Comelec poster area. - Whenever practicable, the Commission shall

also designate and provide for a common poster are in strategic places in

each town wherein candidates can announce and further their candidacy

through posters, said space to be likewise allocated free of charge, equally

and impartially by the Commission among all the candidates concerned.

Under Section 9 of Republic Act 9006 elaborates posting of campaign

materials. “The COMELEC may authorize political parties and party-list groups to

erect common poster areas for their candidates in not more than ten (10) public

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places such as plazas, markets, barangay centers and the like, wherein candidates

can post. Display or exhibit election propaganda: Provided, that the size of the

poster areas shall not exceed twelve (12) by sixteen (16) feet or its equivalent.

Independent candidates with no political parties may likewise be authorized to

erect common poster areas in not more than ten (10) public places, the size of

which shall not exceed four (4) by six (6) feet or its equivalent.

Candidates may post any lawful propaganda material in private places with

the consent of the owner thereof, and in public places or property which shall be

allocated equitably and impartially among the candidates.”

Delineating further under Section 18 of Resolution No.9615 enumerates parties

and independent candidates may, upon authority of the Commission, through the

City or Municipal Election Officer (EO) concerned, erect, at their expense, common

poster areas wherein they can post, display, or exhibit their election propaganda

to announce or further their candidacy subject to the following requirements and/or

limitations:

a. A common poster area does not refer to a post, a tree, the wall of a building

or an existing public structure that is in active use, but a structure, the

location and number of which are herein below determined, that is

temporarily set up by the candidates or political parties for the exclusive

purpose of displaying their campaign posters;

b. In no instance shall an Election Officer designate any trees, flowering plants,

shrubs located along public roads, in plazas, parks, school premises or in

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any other public grounds as common poster areas. In cases where parties

and candidates still persist in displaying, posting, or exhibiting of their

campaign or election propaganda on trees and plants, they shall be

prosecuted for violation of these Rules, without prejudice to the institution of

a criminal complaint for the violation of Republic Act No. 3571.

c. Each party and independent candidate, with prior consent from the

Commission, may put up common poster areas in every barangay, subject

to the following conditions:

5,000 registered voters or less 1 common poster area

For every increment of 5,000 registered voters, or a fraction thereof, thereafter

1 additional common poster area

d. Such common poster areas shall be allowed by the Election Officer only in

selected public places such as plazas, markets, barangay centers and the

like where posters may be readily seen or read, with the heaviest pedestrian

and/or vehicular traffic in the city or municipality;

e. The Election Officer shall make, and post in his office, a list of the common

poster areas in each city or legislative district in said city or municipality,

indicating therein their exact locations, and furnish each political party or

candidate copies of said list at the latter’s expense, and also the Provincial

Election Supervisor and the Director IV of the Education and Information

Department;

f. The Election Officer shall comply with his obligations in the immediately

preceding paragraph not later than five (5) days before the start of the

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campaign period for national elections and failure to do so shall make him

liable for gross neglect of duty;

g. The size of each common poster area shall not exceed the following

dimensions:

a. For political parties and party-list groups. – twelve (12) by sixteen

(16) feet, or its equivalent but not exceeding a total area of 192

square feet; and

b. For independent candidates – four (4) by six (6) feet or its equivalent

but not exceeding a total area of twenty four (24) square feet.

h. The individual posters that may be posted in each common poster areas

shall not exceed two (2) by three (3) feet. However, in case of space

limitations, posters of candidates of political parties may be reduced to a

uniform size to accommodate all candidates. This regulation is also violated

by making single letters of names having the maximum size or lesser and

then putting them together to form a size exceeding two (2) by three (3) feet;

i. The common poster areas allocated to parties and independent candidates

shall not be used by other parties and independent candidates even with

the consent of the former;

j. The common poster areas put up for party-list groups, organizations and/or

coalitions thereof shall be allocated at the rate of one (1) common poster

area for every thirty-two (32) party-list groups, organizations and/or

coalitions thereof;

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k. In case there are less than thirty-two (32) party-list groups, organizations

and/or coalitions thereof, applying to put up the common poster areas, the

Election Officer (EO) concerned shall reduce the size of the common poster

area depending on the total number of applicants thereof, provided that

each group is entitled to post one two (2) feet by three (3) feet poster;

l. In case there are more than thirty-two (32) party-list groups, organizations

and/or coalitions applying to put up common poster areas, the Election

Officer (EO) concerned shall determine the appropriate number and size of

common poster areas to equitably accommodate the total number of

applicants, subject to the provisions of the immediately two (2) preceding

paragraphs;

m. Parties and independent candidates shall file their applications to erect

common poster areas with the Officer of the City/Municipal Election Officer

(EO) concerned within five (5) days from the effectivity of this Resolution;

otherwise they must accept the listing prepared by the Election Officer.

n. Within five (5) days after the elections and without need of notice, the parties

and candidates which applied for the putting up of common poster areas

shall tear down the same at their own expense and restore the site into its

original condition. Non-performance of this obligation shall be deemed a

violation of the law and regulation on the observance of common poster

areas for which the candidate and party concerned shall be liable.

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o. No lawful election propaganda materials shall be allowed outside the

common poster areas except in private properties with the consent of the

owner or in such other places mentioned in these Rules. Any violation

hereof shall be punishable as an election offense.

p. In all cases, the parties shall agree among themselves how their individual

posters in the common poster areas shall be placed. In case no agreement

is reached, the Election Officer (EO) concerned shall determine said

placement by drawing of lots.

q. The Election Officer shall act on all applications for common areas within

three (3) days from receipt thereof. For this purpose, he shall determine

whether the proposed common poster area sites are public places with

heavy pedestrian or vehicular traffic, or business or commercial centers, or

densely populated areas, and equitably and impartially allocate the sites to

ensure maximum exposure of the lawful propaganda materials of all parties

and independent candidates.

r. Any party or independent candidate aggrieved by the action of the Election

Officer may appeal the same within two (2) days from receipt of the order

of said Election Officer to:

1. The Provincial Election Supervisors (PES); or

2. The Regional Election Director (RED), in the case of the National

Capital Region (NCR).

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s. The Provincial Election Supervisor (PES) or Regional Election Director

(RED) concerned shall decide the appeal within two (2) days from receipt

thereof, furnishing copies of the decision to the parties concerned and to

the Law Department of the Commission. The decision shall be final and

executory.

Sec. 92. Comelec time. - The Commission shall procure radio and television

time to be known as "Comelec Time" which shall be allocated equally and

impartially among the candidates within the area of coverage of all radio and

television stations. For this purpose, the franchise of all radio broadcasting

and television station are hereby amended so as to provide radio television

time, free of charge, during the period of the campaign.

The Commission shall, through the Education and Information Department,

also procure free air time from at least three (3) national television networks and

three (3) national radio networks wherein candidates for national office can

announce their candidacies.

Air time shall be allocated free of charge equally and impartially to all

candidates for national office on three (3) different calendar days, as

follows:

1st day – within the first week of the campaign period;

2nd day – within the fifth week of the campaign period;

3rd day - within the tenth week of the campaign period.

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Each advertisement shall be in the form of a maximum of thirty (30) seconds

spot, or in the form of interviews or campaign speeches at time limits to be set by

the Commission in consultation with the said candidates or the parties;

Costs of production of political advertisement shall be at the expense of the

candidate or political party, but the speeches or interviews shall be free of charge

and the moderator shall be a COMELEC Official or one designated by the

COMELEC for the purpose. , expressed under Section 12 of Resolution No. 9615.

As well as Resolution No. 9615 adds the Commission shall furthermore

procure ….air time as follows:

“The Commission shall, through the Regional Election Director (RED), or in

the case of National Capital Region (NCR), the Education and Information

Department, also procure air time free of charge in at least one (1) major

broadcasting station or entity in every province or city which shall be known as

COMELEC Time to be utilized exclusively for public information dissemination on

election-related concerns. In the absence of a major station or entity, broadcasting

shall be done in any radio or television station in the province or city.

Each radio, television or broadcasting station chosen by the Regional

Election Director or the Director of the Education and Information Department, as

the case may be, shall provide airtime including primetime at least sixty (60)

minutes daily.”

In a case filed to Supreme Court in 1998, Telecommunications and

Broadcast Attorneys of the Philippines, Inc. and GMA Network, Inc. vs. COMELEC

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(G.R. No. 132922). The petitioners Telecommunications and Broadcast Attorneys

of the Philippines, Inc. (TELEBAP) and GMA Network, Inc. challenged the

constitutionality of Section 92 of OEC requiring radio and television broadcast

companies to provide free air time to COMELEC for the use of candidates for

campaign and other political purposes. The following grounds were (1) that it takes

property without due process of law and without just compensation; (2) that it

denies radio and television broadcast companies’ equal protection of the laws; and

(3) that it is in excess of the power given to COMELEC to supervise or regulate the

operation of media of communication or information during the period of election.

The Supreme Court ruled that the petitioners’ argument is without merit. All,

broadcasting, whether radio or by television stations, is licensed by the

government. Airwave frequencies have to be allocated as there are more

individuals who want to broadcast that there are frequencies to assign. Radio and

television broadcasting companies, which are given franchise, do not own the

airwaves and frequencies through which they transmit broadcast signals and

images. They are merely given the temporary privilege to use them. Thus, such

exercise of the privilege may reasonably be burdened with the performance by the

grantee of some form of public service. In granting the privilege to operate

broadcast stations and supervising radio and television stations, the state spends

considerable public funds in licensing and supervising them.

The argument that the subject law singles out radio and television stations

to provide free air time as against newspapers and magazines which require

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payment of just compensation for the print space they may provide is likewise

without merit. Regulation of the broadcast industry requires spending of public

funds which it does not do in the case of print media. To require the broadcast

industry to provide free air time for COMELEC is a fair exchange for what the

industry gets.

As a radio and television broadcast stations do not own the airwaves, no

private property is taken by the requirement that they provide air time to the

COMELEC. The use of property bears a social function and is subject to the state’s

duty to intervene for the common good. Broadcast media can find their just and

highest reward in the fact that whatever altruistic service they may render in

connection with the holding elections is for that common good. For the foregoing

reason, Supreme Court held that the petition is dismissed.

Sec. 93. Comelec information bulletin. - The Commission shall cause the

printing, and supervise the dissemination of bulletins to be known as

"Comelec Bulletin" which shall be of such size as to adequately contain the

picture, bio-data and program of government of every candidate. Said

bulletin shall be disseminated to the voters or displayed in such places as

to give due prominence thereto. Any candidate may reprint at his expense,

any "Comelec Bulletin" upon prior authority of the Commission: Provided,

that the printing of the names of the different candidates with their bio-data

must be in alphabetical order irrespective of party affiliation.

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Chapter 3

LAWFUL AND PROHIBITED FORMS OF ELECTION PROPAGANDA IN 2010

AND 2010 PHILIPPINE ELECTION

Infographics

Lawful Election Propaganda (Section 82)

70

Requirements for published or printed election propaganda (Section 84)

71

Prohibited forms of election propaganda (Section 85)

72

Common Poster Areas (Section 91)

73

2010 National Election so called War of Colors

Lawful Election Propaganda

Pamphlets for Presidential

bid

74

Stickers for Presidential

candidates

PUBs: Vehicles for political

propaganda

75

Colors association strengthening their

political identities: Aquino-yellow, Villar-

orange, Teodoro-green. Erap opted not

to join the trend perhaps to avoid being

confused with Villar.

Baller IDs were popularized in 2010 election. Bearing

the presidential candidate official colors. Except,

Estrada retained previous strategy of his orange

wristbands.

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Veering away from traditional propaganda, the

2010 election become a showdown of the

candidates and of their supporters’ innate

creativity. It showed Filipino ingenuity.

Candies

Bottled mineral water

77

3-in-1 coffee

7 Eleven with its 7-Elections campaign:

touting Candidates with their Political

Affiliation

78

Political rallies, meetings, and

other political activities

79

80

Prohibited Election Propaganda

Violation under Section 91

Comelec Poster Areas

81

82

2013 Midterm Election known as Team PNoy vs. Team UNA

Lawful Propaganda

83

Following the Requirements for

published or printed election propaganda

Controversial Team Patay and Team Buhay

Tarp (discussion under Section 82)

84

Prohibited Election Propaganda

Violation under Section 84 requirements for

published or printed election propaganda

Violation under Section 91

Comelec Poster Areas

85

Violation under Section 91 Comelec

Poster Areas and oversized tarps

86

Chapter 4

PRESENTED CASES AND COPY OF REPUBLIC ACTS and RESOLUTIONS

INCLUDED

ADIONG vs. COMELEC G.R. No. 103956 March 31, 1992 FACTS:

On January 13, 1992, the COMELEC promulgated Resolution No. 2347 pursuant to its powers granted by the Constitution, the Omnibus Election Code, Republic Acts Nos. 6646 and 7166 and other election laws. Section 15(a) of the resolution provides:

Sec. 15. Lawful Election Propaganda. — The following are lawful election propaganda: (a) Pamphlets, leaflets, cards, decals… Provided, that decals and stickers may be posted only in any of the authorized posting areas provided in paragraph (f) of Section 21 hereof.

Section 21 (f) of the same resolution provides: Prohibited forms of election propaganda. —It is unlawful… (f) To draw, paint, inscribe, post, display or publicly exhibit any election propaganda in any place, whether public or private, mobile or stationary, except in the COMELEC common posted areas and/or billboards…

Petitioner Blo Umpar Adiong, a senatorial candidate in the May 11, 1992 elections assails the COMELEC's Resolution insofar as it prohibits the posting of decals and stickers in "mobile" places like cars and other moving vehicles. According to him such prohibition is violative of Section 82 of the Omnibus Election Code and Section 11(a) of Republic Act No. 6646. ISSUE:

Whether or not the COMELEC may prohibit the posting of decals and stickers on "mobile" places, public or private, and limit their location or publication to the authorized posting areas that it fixes. HELD:

The petition is hereby GRANTED. The portion of Section 15 (a) of Resolution No. 2347 of the COMELEC providing that "decals and stickers may be posted only in any of the authorized posting areas provided in paragraph (f) of Section 21 hereof" is DECLARED NULL and VOID.

The COMELEC's prohibition on posting of decals and stickers on "mobile" places whether public or private except in designated areas provided for by the COMELEC itself is null and void on constitutional grounds.

The prohibition unduly infringes on the citizen's fundamental right of free speech enshrined in the Constitution (Sec. 4, Article III). Significantly, the freedom of expression curtailed by the questioned prohibition is not so much that of the candidate or the political party. The regulation strikes at the freedom of an

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individual to express his preference and, by displaying it on his car, to convince others to agree with him.

Also, the questioned prohibition premised on the statute (RA 6646) and as couched in the resolution is void for over breadth. The restriction as to where the decals and stickers should be posted is so broad that it encompasses even the citizen's private property, which in this case is a privately-owned vehicle (The provisions allowing regulation are so loosely worded that they include the posting of decals or stickers in the privacy of one's living room or bedroom.) In consequence of this prohibition, another cardinal rule prescribed by the Constitution would be violated. Section 1, Article III of the Bill of Rights provides that no person shall be deprived of his property without due process of law. (The right to property may be subject to a greater degree of regulation but when this right is joined by a "liberty" interest, the burden of justification on the part of the Government must be exceptionally convincing and irrefutable. The burden is not met in this case.)

Additionally, the constitutional objective to give a rich candidate and a poor candidate equal opportunity to inform the electorate as regards their candidacies, mandated by Article II, Section 26 and Article XIII, section 1 in relation to Article IX (c) Section 4 of the Constitution, is not impaired by posting decals and stickers on cars and other private vehicles. It is to be reiterated that the posting of decals and stickers on cars, calesas, tricycles, pedicabs and other moving vehicles needs the consent of the owner of the vehicle. Hence, the preference of the citizen becomes crucial in this kind of election propaganda not the financial resources of the candidate.

In sum, the prohibition on posting of decals and stickers on "mobile" places whether public or private except in the authorized areas designated by the COMELEC becomes censorship which cannot be justified by the Constitution: NOTES:

A statute is considered void for over breadth when "it offends the constitutional principle that a governmental purpose to control or prevent activities constitutionally subject to state regulations may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms

Property is more than the mere thing which a person owns, it includes the right to acquire, use, and dispose of it; and the Constitution

The posting of decals and stickers in mobile places like like cars and other moving vehicles does not endanger any substantial government interest. There is no clear public interest threatened by such activity so as to justify the curtailment of the cherished citizen's right of free speech and expression. Under the clear and present danger rule not only must the danger be patently clear and pressingly present but the evil sought to be avoided must be so substantive as to justify a clamp over one's mouth or a writing instrument to be stilled.

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BENLUY vs. REPUBLIC OF THE PHILIPPINES G.R. No. L-5522 December 21, 1933

The appellant Leoncio Ho. Benluy, a Chinese citizen, filed an application for naturalization in 1951. There was no opposition to the application on the part of the Government. At the hearing the applicant presented evidence in support of his application, including two character witnesses, one of them Atty. Marcial M. Anastacio, a resident of Obando, Bulacan. With one exception Benluy proved that he possessed all the disqualifications for and the trial court so found. The exception is that Atty. Anastacio, one of his witnesses, in his endeavor, even enthusiasm to prove that the applicant had identified himself with the Filipinos, helped them when asked and was very congenial and friendly, said that Benluy even took part in two electoral campaigns in Bulacan, not only persuading some voters connected with his business but also contributing to the campaign fund of the Liberal party. Said the trial court on this point:

To prove that the applicant is a strong believer in our constitution and in what is called "free enterprise", this witness emphasized this affirmation by stating that the applicant even went to the extent of taking active part during the elections, so much so that he (applicant) gave financial contribution to be spent in the election campaign to this witness who, during the elections f 1947 and 1949, was the Campaign Manager of the Liberal Party in the municipality of Obando Bulacan; that the applicant, aside from giving financial help during the said elections f 1947 and 1949 which amended to P200 and P500 on two occasions, went with the witness to Obando to talk personally with his sub-agents in said municipality, an due to this intervention of the applicant said sub-agents supported the party of Mr. Anastacio.

This evidence about the part played by the applicants in the past elections alerted the representatives of the Solicitor General and after the trial he filed a strong written opposition to the granting of the application, resulting in the trial court denying the application, resulting in the trial court denying the application for naturalization.

Considering the circumstances under which the evidence of applicant's political activities was presented, namely that it did not come from the opposition or any other party but himself and through his own witness, we were at the beginning inclined not to attach much importance to that phrase of his residence in the Philippines and association with the Filipinos. He was never prosecuted for that violation of Election Code and even if the Government were now inclined to prosecute him, the offense has already prescribed. Furthermore, as already stated, in all other respects the applicant has established his qualifications and the absence of any disqualification. However, the law is clear. Section 56 of the Revised Election Code reads -

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SEC. 56. Active intervention of foreigners. - No foreigner shall aid any candidate, directly or indirectly, or take part in or to influence in any manner any election.

Under section 183 of the same Code, the violation is considered a serious election offense and under section 185 it is penalized with imprisonment of not less than on a year and one day but not more than five years and in case of a foreigner, shall in addition be sentenced to deportation for not less than five years but not more than ten years, to be enforced after the prison term has been served. These provisions of the Revised Election Code may not be taken lightly, much less ignored. They were intended to discourage foreigners from taking active part in or otherwise interfering with our elections, under penalty not only of imprisonment but also deportation. It might well be that as already stated, the evidence about this violation of the election law was given by his own witness who in all likelihood gave it in good faith and in all friendship to the applicant to bolster the latters application for naturalization, without realizing that by said declaration he was forever closing the door to Benluy's ever becoming a Filipino citizen. But the law must be applied and enforced. It is merely a piece of bad luck for him. From the standpoint of the Government however, it was fortunate that said evidence was brought up, to a foreigner who tho even in his ignorance of the law and at the instance of his Filipino friends, violated one of the important provisions of our election law. The decision appealed from is hereby affirmed, with costs

Nolasco v COMELEC FACTS A disqualification case was filed against Meycauayan, Bulacan Mayor-elect Florentino Blanco for alleged performing acts which are grounds for disqualification under the Omnibus Election Code – giving money to influence, induce or corrupt the voters or public officials performing election functions: for committing acts of terrorism to enhance his candidacy, and for spending an amount for his campaign in excess of what is allowed by the law. The COMELEC First Division required both parties to submit their position papers. The case was decided against Blanco. A reconsideration was moved by Blanco in the COMELEC En Banc. Nolasco, the vice-mayor-elect took part as intervenor, urging that should Blanco be finally disqualified, the mayoralty position be turned over to him. The parties were allowed to file their memoranda. En Banc denied Blanco and Nolasco’s motions thus this petition for certiorari. ISSUES 1. WON Blanco was denied due process and equal protection of laws 2. WON the COMELEC committed grave abuse of discretion in proclaiming Alarilla as the duly elected mayor

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HELD Blanco was not denied due process and equal protection of the laws. He was given all the opportunity to prove that the evidence on his disqualification was not strong. Blanco’s contention that the minimum quantum of evidence was not met is untenable. What RA 6646 and the COMELEC Rules of Procedure require is a mere evidence of guilt that should be strong to justify the COMELEC in suspending a winning candidate’s proclamation. Nolasco, not Alarilla, is adjudged as the Mayor of Meycauayan. It is already a settled principle in the case of Reyes v COMELEC that the candidate with the second highest number of votes cannot be proclaimed winner in case the winning candidate be disqualified. There cannot be an assumption that the second placer would have received the other votes otherwise it is a judgment substituting the mind of a voter. It cannot be assumed that the second placer would have won the elections because in the situation where the disqualified candidate is excluded, the condition would have substantially changed. PENERA vs. COMELEC, et al, G.R. No. 181613 November 25, 2009

FACTS: On 11 September 2009, the Supreme Court affirmed the COMELEC’s decision to disqualify petitioner Rosalinda Penera (Penera) as mayoralty candidate in Sta. Monica, Surigao del Norte, for engaging in election campaign outside the campaign period, in violation of Section 80 of Batas Pambansa Blg. 881 (OEC). Penera moved for reconsideration, arguing that she was not yet a candidate at the time of the supposed premature campaigning, since under Section 15 of Republic Act No. 8436 (the law authorizing the COMELEC to use an automated election system for the process of voting, counting of votes, and canvassing/consolidating the results of the national and local elections), as amended by Republic Act No. 9369, one is not officially a candidate until the start of the campaign period.

ISSUE: Whether or not Penera’s disqualification for engaging in premature campaigning should be reconsidered.

HELD: Granting Penera’s motion for reconsideration, the Supreme Court En Banc held that Penera did not engage in premature campaigning and should, thus, not be disqualified as a mayoralty candidate. The Court said– (A) The Court’s 11 September 2009 Decision (or “the assailed Decision”) considered a person who files a certificate of candidacy already a “candidate” even before the start of the campaign period. This is contrary to the clear intent and letter of Section 15 of Republic Act 8436, as amended, which states that a person

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who files his certificate of candidacy will only be considered a candidate at the start of the campaign period, and unlawful acts or omissions applicable to a candidate shall take effect only upon the start of such campaign period. Thus, applying said law: (1) the effective date when partisan political acts become unlawful as to a candidate is when the campaign period starts. Before the start of the campaign period, the same partisan political acts are lawful. (2) Accordingly, a candidate is liable for an election offense only for acts done during the campaign period, not before. In other words, election offenses can be committed by a candidate only upon the start of the campaign period. Before the start of the campaign period, such election offenses cannot be so committed. Since the law is clear, the Court has no recourse but to apply it. The forum for examining the wisdom of the law, and enacting remedial measures, is not the Court but the Legislature. (B) Contrary to the assailed Decision, Section 15 of R.A. 8436, as amended, does not provide that partisan political acts done by a candidate before the campaign period are unlawful, but may be prosecuted only upon the start of the campaign period. Neither does the law state that partisan political acts done by a candidate before the campaign period are temporarily lawful, but becomes unlawful upon the start of the campaign period. Besides, such a law as envisioned in the Decision, which defines a criminal act and curtails freedom of expression and speech, would be void for vagueness. (C) That Section 15 of R.A. 8436 does not expressly state that campaigning before the start of the campaign period is lawful, as the assailed Decision asserted, is of no moment. It is a basic principle of law that any act is lawful unless expressly declared unlawful by law. The mere fact that the law does not declare an act unlawful ipso facto means that the act is lawful. Thus, there is no need for Congress to declare in Section 15 of R.A. 8436 that partisan political activities before the start of the campaign period are lawful. It is sufficient for Congress to state that “any unlawful act or omission applicable to a candidate shall take effect only upon the start of the campaign period.” The only inescapable and logical result is that the same acts, if done before the start of the campaign period, are lawful. (D) The Court’s 11 September 2009 Decision also reversed Lanot vs. COMELEC (G.R. No. 164858; 16 November 2006). Lanot was decided on the ground that one who files a certificate of candidacy is not a candidate until the start of the campaign period. This ground was based on the deliberations of the legislators who explained that the early deadline for filing certificates of candidacy under R.A. 8436 was set only to afford time to prepare the machine-readable ballots, and they intended to preserve the existing election periods, such that one who files his certificate of candidacy to meet the early deadline will still not be considered as a candidate. When Congress amended R.A. 8436, Congress decided to expressly incorporate the Lanot doctrine into law, thus, the provision in Section 15 of R.A. 8436 that a person who files his certificate of candidacy shall be considered a candidate only at the start of the campaign period. Congress wanted to insure that

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no person filing a certificate of candidacy under the early deadline required by the automated election system would be disqualified or penalized for any partisan political act done before the start of the campaign period. This provision cannot be annulled by the Court except on the sole ground of its unconstitutionality. The assailed Decision, however, did not claim that this provision is unconstitutional. In fact, the assailed Decision considered the entire Section 15 good law. Thus, the Decision was self-contradictory — reversing Lanot but maintaining the constitutionality of the said provision.

PPI vs COMELEC GR L-119694 May 22, 1995

FACTS:

COMELEC issued resolution 2772 directing newspapers to provide provide free print space of not less than one half (1/2) page for use as “Comelec Space” which shall be allocated by the Commission, free of charge, among all candidates within the area in which the newspaper, magazine or periodical is circulated to enable the candidates to make known their qualifications, their stand on public issues and their platforms and programs of government. Philippine Press Institute, a non-stock, non-profit organization of newspaper and magazine publishers asks the Court to declare said resolution unconstitutional and void on the ground that it violates the prohibition imposed by the Constitution upon the government, and any of its agencies, against the taking of private property for public use without just compensation.

The Office of the Solicitor General, on behalf of Comelec alleged that the resolution does not impose upon the publishers any obligation to provide free print space in the newspapers. It merely established guidelines to be followed in connection with the procurement of “Comelec space”. And if it is viewed as mandatory, the same would nevertheless be valid as an exercise of the police power of the State- a permissible exercise of the power of supervision or regulation of the Comelec over the communication and information operations of print media enterprises during the election period to safeguard and ensure a fair, impartial and credible election.

ISSUE: Whether the resolution was a valid exercise of the power of eminent domain?

HELD:

No. The court held that the resolution does not constitute a valid exercise of the power of eminent domain. To compel print media companies to donate “Comelec-space” amounts to “taking” of private personal property for public use or purposes without the requisite just compensation. The extent of the taking or deprivation is not insubstantial; this is not a case of a de minimis temporary

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limitation or restraint upon the use of private property. The monetary value of the compulsory “donation,” measured by the advertising rates ordinarily charged by newspaper publishers whether in cities or in non-urban areas, may be very substantial indeed.

The threshold requisites for a lawful taking of private property for public use are the necessity for the taking and the legal authority to effect the taking. The element of necessity for the taking has not been shown by respondent Comelec. It has not been suggested that the members of PPI are unwilling to sell print space at their normal rates to Comelec for election purposes. Indeed, the unwillingness or reluctance of Comelec to buy print space lies at the heart of the problem. Similarly, it has not been suggested, let alone demonstrated, that Comelec has been granted the power of eminent domain either by the Constitution or by the legislative authority. A reasonable relationship between that power and the enforcement and administration of election laws by Comelec must be shown; it is not casually to be assumed.

The taking of private property for public use is, of course, authorized by the Constitution, but not without payment of “just compensation” (Article III, Section 9). And apparently the necessity of paying compensation for “Comelec space” is precisely what is sought to be avoided by respondent Commission.

Telecommunications and Broadcast Attorneys Of The Phils. Vs. COMELEC 289 SCRA 337 G.R. No. 132922 April 21, 1998

FACTS:

Petitioner Telecommunications and Broadcast Attorneys of the Philippines, Inc. (TELEBAP) is an organization of lawyers of radio and television broadcasting companies. It was declared to be without legal standing to sue in this case as, among other reasons, it was not able to show that it was to suffer from actual or threatened injury as a result of the subject law. Petitioner GMA Network, on the other hand, had the requisite standing to bring the constitutional challenge. Petitioner operates radio and television broadcast stations in the Philippines affected by the enforcement of Section 92, B.P. No. 881.

Petitioners challenge the validity of Section 92, B.P. No. 881 which provides: “Comelec Time- The Commission shall procure radio and television time to be known as the “Comelec Time” which shall be allocated equally and impartially among the candidates within the area of coverage of all radio and television stations. For this purpose, the franchise of all radio broadcasting and television stations are hereby amended so as to provide radio or television time, free of charge, during the period of campaign.”

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Petitioner contends that while Section 90 of the same law requires COMELEC to procure print space in newspapers and magazines with payment, Section 92 provides that air time shall be procured by COMELEC free of charge. Thus it contends that Section 92 singles out radio and television stations to provide free air time.

Petitioner claims that it suffered losses running to several million pesos in providing COMELEC Time in connection with the 1992 presidential election and 1995 senatorial election and that it stands to suffer even more should it be required to do so again this year. Petitioners claim that the primary source of revenue of the radio and television stations is the sale of air time to advertisers and to require these stations to provide free air time is to authorize unjust taking of private property. According to petitioners, in 1992 it lost P22,498,560.00 in providing free air time for one hour each day and, in this year’s elections, it stands to lost P58,980,850.00 in view of COMELEC’s requirement that it provide at least 30 minutes of prime time daily for such. ISSUE: Whether of not Section 92 of B.P. No. 881 denies radio and television broadcast companies the equal protection of the laws. Whether or not Section 92 of B.P. No. 881 constitutes taking of property without due process of law and without just compensation. HELD:

Petitioner’s argument is without merit. All broadcasting, whether radio or by television stations, is licensed by the government. Airwave frequencies have to be allocated as there are more individuals who want to broadcast that there are frequencies to assign. Radio and television broadcasting companies, which are given franchises, do not own the airwaves and frequencies through which they transmit broadcast signals and images. They are merely given the temporary privilege to use them. Thus, such exercise of the privilege may reasonably be burdened with the performance by the grantee of some form of public service. In granting the privilege to operate broadcast stations and supervising radio and television stations, the state spends considerable public funds in licensing and supervising them. The argument that the subject law singles out radio and television stations to provide free air time as against newspapers and magazines which require payment of just compensation for the print space they may provide is likewise without merit. Regulation of the broadcast industry requires spending of public funds which it does not do in the case of print media. To require the broadcast industry to provide free air time for COMELEC is a fair exchange for what the industry gets.

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As radio and television broadcast stations do not own the airwaves, no private property is taken by the requirement that they provide air time to the COMELEC.

Republic Act No. 9006

AN ACT TO ENHANCE THE HOLDING OF FREE, ORDERLY, HONEST,

PEACEFUL AND CREDIBLE ELECTIONS THROUGH FAIR ELECTION

PRACTICES

Date: 12 February 2001

Section 1. Short Title. - This Act shall be known as the "Fair Elections Act". Sec. 2. Declaration of Principles. - The State shall, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of media of communication or information to guarantee or ensure equal opportunity for public service, including access to media time and space, and the equitable right to reply, for public information campaigns and fora among candidates and assure free, orderly, honest. peaceful and credible elections.

The State shall ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination.

Sec. 3. Lawful Election Propaganda. - Election propaganda whether on television, cable television, radio, newspapers or any other medium is hereby allowed for all registered political parties, national, regional, sectoral parties or organizations participating under the party-list elections and for all bona fide candidates seeking national and local elective positions subject to the limitation on authorized expenses of candidates and political parties, observance of truth in advertising and to the supervision and regulation by the Commission on Elections (COMELEC).

For the purpose of this Act, lawful election propaganda shall include:

3.1 Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one-half inches in width and fourteen inches in length;

3.2 Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office;

3.3 Cloth, paper or cardboard posters whether framed, or posted, with an area not exceeding two (2) feet by three (3) feet, except that, at the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding three (3) feet by eight (8) feet in size, shall be allowed: Provided, That said streamers may be displayed five (5) days before the date of the meeting or rally and shall be removed within twenty-four (24) hours after said meeting or rally;

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3.4 Paid advertisements in print or broadcast media: Provided, That the advertisements shall follow the requirements set forth in Section 4 of this Act; and

3.5 All other forms of election propaganda not prohibited by the Omnibus Election Code or this Act.

Sec. 4. Requirements for Published or Printed and Broadcast Election Propaganda. -

4.1 Any newspaper, newsletter, newsweekly, gazette or magazine advertising, posters, pamphlets, comic books, circulars, handbills, bumper stickers, streamers, simple list of candidates or any published or printed political matter and any broadcast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words "political advertisement paid for," followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired.

4.2 If the broadcast is given free of charge by the radio or television station, it shall be identified by the words "airtime for this broadcast was provided free of charge by" followed by the true and correct name and address of the broadcast entity.

4.3 Print, broadcast or outdoor advertisements donated to the candidate or political party shall not be printed, published, broadcast or exhibited without the written acceptance by the said candidate or political party. Such written acceptance shall be attached to the advertising contract and shall be submitted to the COMELEC as provided in Subsection 6.3 hereof.

Sec. 5. Election Surveys. -

5.1 Election surveys refer to the measurement of opinions and perceptions of the voters as regards a candidate's popularity, qualifications, platforms or a matter of public discussion in relation to the election, including voters' preference for candidates or publicly discussed issues during the campaign period (hereafter referred to as "Survey").

5.2 During the election period, any person, natural as well as juridical, candidate or organization who publishes a survey must likewise publish the following information:

a. The name of the person, candidate, party or organization who

commissioned or paid for the survey;

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b. The name of the person, polling firm or survey organization who

conducted the survey;

c. The period during which the survey was conducted, the methodology

used, including the number of individual respondents and the areas

from which they were selected, and the specific questions asked;

d. The margin of error of the survey;

e. For each question for which the margin of error is greater than that

reported under paragraph (d), the margin of error for that question;

and

f. A mailing address and telephone number, indicating it as an address

or telephone number at which the sponsor can be contacted to obtain

a written report regarding the survey in accordance with Subsection

5.3.

5.3 The survey together with raw data gathered to support its conclusions shall be available for inspection, copying and verification by the COMELEC or by a registered political party or a bona fide candidate, or by any COMELEC-accredited citizen's arm. A reasonable fee sufficient to cover the costs of inspection, copying and verification may be charged.

5.4 Surveys affecting national candidates shall not be published fifteen (15) days before an election and surveys affecting local candidates shall not be published seven (7) days before an election. (This provision has been ruled unconstitutional by the Supreme Court in SOCIAL WEATHER STATIONS, INCORPORATED and KAMAHALAN PUBLISHING CORPORATION vs. COMMISSION ON ELECTIONS, GR No. 147571, 5 May 2001)

5.5 Exit polls may only be taken subject to the following requirements:

a. Pollsters shall not conduct their surveys within fifty (50) meters from

the poling place, whether said survey is taken in a home, dwelling

place and other places;

b. Pollsters shall wear distinctive clothing;

c. Pollsters shall inform the voters that they may refuse to answer; and

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d. The result of the exit polls may be announced after the closing of the

polls on election day, and must dearly identify the total number of

respondents, and the places where they were taken. Said

announcement shall state that the same is unofficial and does not

represent a trend.

Sec. 6. Equal Access to Media Time and Space. - All registered parties and bona fide candidates shall have equal access to media time and space. The following guidelines may be amplified on by the COMELEC:

6.1 Print advertisements shall not exceed one-fourth (1/4) page in broadsheet and one-half (1/2) page in tabloids thrice a week per newspaper, magazine or other publications, during the campaign period.

6.2

a. Each bona fide candidate or registered political party for a nationally

elective office shall be entitled to not more than one hundred twenty

(120) minutes of television advertisement and one hundred eighty

(180) minutes of radio advertisement whether by purchase or

donation.

b. Each bona fide candidate or registered political party for a locally

elective office shall be entitled to not more than sixty (60) minutes of

television advertisement and ninety (90) minutes of radio

advertisement whether by purchase or donation.

For this purpose, the COMELEC shall require any broadcast station or entity to submit to the COMELEC a copy of its broadcast logs and certificates of performance for the review and verification of the frequency, date, time and duration of advertisements broadcast for any candidate or political party.

6.3 All mass media entities shall furnish the COMELEC with a copy of all contracts for advertising, promoting or opposing any political party or the candidacy of any person for public office within five (5) days after its signing. In every case, it shall be signed by the donor, the candidate concerned or by the duly authorized representative of the political party.

6.4 No franchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled during the election period. In all instances, the COMELEC shall supervise the use and employment of press, radio and television facilities insofar as the placement of political advertisements is concerned to ensure that candidates are given equal opportunities under equal circumstances to make known their qualifications

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and their stand on public issues within the limits set forth in the Omnibus Election Code and Republic Act No. 7l66 on election spending.

The COMELEC shall ensure that radio or television or cable television broadcasting entities shall not allow the scheduling of any program or permit any sponsor to manifestly favor or oppose any candidate or political party by unduly or repeatedly referring to or including said candidate and/or political party in such program respecting, however, in all instances the right of said broadcast entities to air accounts of significant news or news worthy events and views on matters of public interest.

6.5 All members of media, television, radio or print, shall scrupulously report and interpret the news, taking care not to suppress essential facts nor to distort the truth by omission or improper emphasis. They shall recognize the duty to air the other side and the duty to correct substantive errors promptly.

6.6 Any mass media columnist, commentator, announcer, reporter, on-air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employer, or shall take a leave of absence from his/her work as such during the campaign period: Provided, That any media practitioner who is an official of a political party or a member of the campaign staff of a candidate or political party shall not use his/her time or space to favor any candidate or political party.

6.7 No movie, cinematograph or documentary portraying the life or biography of a candidate shall be publicly exhibited in a theater, television station or any public forum during the campaign period.

6.8 No movie, cinematograph or documentary portrayed by an actor or media personality who is himself a candidate shall likewise be publicly exhibited in a theater or any public forum during the campaign period.

Sec. 7. Affirmative Action by the COMELEC. -

7.1 Pursuant to Sections 90 and 92 of the Omnibus Election Code (Batas Pambansa Blg. 881), the COMELEC shall procure the print space upon payment of just compensation from at least three (3) national newspapers of general circulation wherein candidates for national office can announce their candidacies. Such space shall be allocated free of charge equally and impartially among all the candidates for national office on three (3) different calendar days: the first day within the first week of the campaign period; the second day within the fifth week of the campaign period; and the third day within the tenth week of the campaign period.

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7.2 The COMELEC shall also procure free airtime from at least three (3) national television networks and three (3) national radio networks, which shall also be allocated free of charge equally and impartially among all candidates for national office. Such free time shall be allocated on three (3) different calendar days: the first day within the first week of the campaign period; the second day within the fifth week of the campaign period; and the third day within the tenth week of the campaign period.

7.3 The COMELEC may require national television and radio networks to sponsor at least three (3) national debates among presidential candidates and at least one (1) national debate among vice presidential candidates. The debates among presidential candidates shall be scheduled on three (3) different calendar days: the first debate shall be scheduled within the first and second week of the campaign period; the second debate within the fifth and six week of the campaign period; and the third debate shall be scheduled within the tenth and eleventh week of the campaign period.

The sponsoring television or radio network may sell airtime for commercials and advertisements to interested advertisers and sponsors. The COMELEC shall promulgate rules and regulations for the holding of such debates.

Sec. 8. COMELEC Space and Time. - The COMELEC shall procure space in at least one (1) newspaper of general circulation and air time in at least one (1) major broadcasting station or entity in every province or city: Provided, however, That in the absence of said newspaper, publication shall be done in any other magazine or periodical in said province or city, which shall be known as "COMELEC Space": Provided, further, That in the absence of said broadcasting station or entity, broadcasting shall be done in any radio or television station in said province or city, which shall be known as "COMELEC Time". Said time shall be allocated to the COMELEC free of charge, while said space shall be allocated to the COMELEC upon payment of just compensation. The COMELEC time and space shall be utilized exclusively by the COMELEC for public information dissemination on election-related concerns. Sec. 9. Posting of Campaign Materials. - The COMELEC may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than ten (10) public places such as plazas, markets, barangay centers and the like, wherein candidates can post. display or exhibit election propaganda: Provided, That the size of the poster areas shall not exceed twelve (12) by sixteen (16) feet or its equivalent.

Independent candidates with no political parties may likewise be authorized to erect common poster areas in not more than ten (10) public places, the size of which shall not exceed four (4) by six (6) feet or its equivalent.

Candidates may post any lawful propaganda material in private places with the consent of the owner thereof, and in public places or property which shall be allocated equitably and impartially among the candidates.

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Sec. 10. Right to Reply. - All registered parties and bona fide candidates shall have the right to reply to charges published against them. The reply shall be given publicity by the newspaper, television and/or radio station which first printed or aired the charges with the same prominence or in the same page or section or in the same time slot as the first statement. Sec. 11. Rates for Political Propaganda. - During the election period, media outlets shall charge registered political parties and bona fide candidates a discounted rate of thirty percent (30%) for television, twenty percent (20%) for radio and ten percent (10%) for print over the average rates charged during the first three quarters of the calendar year preceding the elections. Section 12. Substitution of Candidates. - In case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. For this purpose, the official ballots shall provide spaces where the voters may write the name of the substitute candidates if they are voting for the latter: Provided, however, That if the substitute candidate of the same family name, this provision shall not apply. Section 13. Authority of the COMELEC to Promulgate Rules; Election Offenses. - The COMELEC shall promulgate and furnish all political parties and candidates and the mass media entities the rules and regulations for the implementation of this Act, consistent with the criteria established in Article IX-C, Section 4 of the Constitution and Section 86 of the Omnibus Election Code (Batas Pambansa Bldg. 881).

Rules and regulations promulgated by the COMELEC under and by authority of this Section shall take effect on the seventh day after their publication in at least two (2) daily newspapers of general circulation. Prior to effectivity of said rules and regulations, no political advertisement or propaganda for or against any candidate or political party shall be published or broadcast through mass media.

Violation of this Act and the rules and regulations of the COMELEC issued to implement this Act shall be an election offense punishable under the first and second paragraphs of Section 264 of the Omnibus Election Code (Batas Pambansa Bldg. 881).

Section 14. Repealing Clause. - Section 67 and 85 of the Omnibus Election Code (Batas Pambansa Bldg. 881) and Sections 10 and 11 of Republic Act No. 6646 are hereby repealed. As a consequence, the first proviso in the third paragraph of Section 11 of Republic Act No. 8436 is rendered ineffective. All laws, presidential decrees, executive orders, rules and regulations, or any part thereof inconsistent with the provisions of this Act are hereby repealed or modified or amended accordingly. Section 15. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remainder of this Act not otherwise affected shall remain in full force and effect. Section 16. Effectivity. - This Act shall take effect immediately upon its approval. Approved, 12 February 2001.

Resolution No. 9615

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RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9006, OTHERWISE KNOWN AS THE “FAIR ELECTION ACT”, IN CONNECTION TO THE 13 MAY 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT

ELECTIONS

Promulgation: 15 January 2013

WHEREAS, Republic Act No. 9006 provides for the holding of free, orderly, honest, peaceful and credible elections through fair election practices;

WHEREAS, the said Act allows the publication or broadcast, through mass media, of political advertisements or propaganda for or against any candidate or political party;

WHEREAS, Section 3 of the said Act provides that election propaganda, whether on television, cable television, radio newspapers or any other medium shall be subject to the supervision and regulation of the Commission on Elections;

WHEREAS, Section 6.4 of the said Act directs the Commission to supervise the use and employment of press, radio and television facilities insofar as the placement of political advertisements is concerned so as to give candidates equal opportunities under equal circumstances to make known their qualifications and stand on public issues;

WHEREAS, Section 13 of the same Act requires the Commission to promulgate the necessary rules and regulations for the implementation thereof;

NOW, THEREFORE, the Commission, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act Nos. 6646, 7166, 9006 and other related laws has RESOLVED, as it hereby RESOLVES, to promulgate the following rules and regulations implementing the Fair Election Act.

SECTION 1. Definitions - As used in this Resolution: 1. The term “election campaign” or “partisan political activity” refers to an act

designed to promote the election or defeat of a particular candidate or candidates to a public office, and shall include any of the following:

a. Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate;

b. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;

c. Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office;

d. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or

e. Directly or indirectly soliciting votes, pledges or support for or against any candidate.

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Personal opinions, views, and preferences for candidates, contained in blogs shall not be considered acts of election campaigning or partisan political activity unless expressed by government officials in the Executive Department, the Legislative Department, the Judiciary, the Constitutional Commissions, and members of the Civil Service.

2. The term “candidate” refers to any person seeking an elective public office, who has filed his certificate of candidacy, and who has not died, withdrawn his certificate of candidacy, had his certificate of candidacy denied due course or cancelled, or has been otherwise disqualified before the start of the campaign period for which he filed his certificate of candidacy. Provided, that, unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period.

It also refers to any registered national, regional, or sectoral party, organization or coalition thereof that has filed a manifestation of intent to participate under the party-list system, which has not withdrawn the said manifestation, or which has not been disqualified before the start of the campaign period.

3. The term “party” refers to either a political party, sectoral party or a coalition of parties, and party-list organizations duly registered/accredited with the Commission.

4. The term “political advertisement” or “election propaganda” refers to any matter broadcasted, published, printed, displayed or exhibited, in any medium, which contain the name, image, logo, brand, insignia, color motif, initials, and other symbol or graphic representation that is capable of being associated with a candidate or party, and is intended to draw the attention of the public or a segment thereof to promote or oppose, directly or indirectly, the election of the said candidate or candidates to a public office. In broadcast media, political advertisements may take the form of spots, appearances on TV shows and radio programs, live or taped announcements, teasers, and other forms of advertising messages or announcements used by commercial advertisers.

Political advertising includes matters, not falling within the scope of personal opinion, that appear on any Internet website, including, but not limited to, social networks, blogging sites, and micro-blogging sites, in return for consideration, or otherwise capable of pecuniary estimation.

5. The terms “blog” and “collective blog” refer to websites on which an individual or group of users, respectively, record news, opinions, and information, in varying degrees of regularity. A “micro-blog” refers to a blogging format which allows users to exchange small elements of content – referred to variously as posts or status updates – such as short sentences, individual images, or links to video material uploaded to the Internet.

6. The term “media practitioner” refers to a person who is not employed by a media entity but performs similar functions or has control over what is

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printed or broadcast such as a talent or a block timer. Persons who create online content for personal or collective blogs and micro-blogs shall be considered media practitioners for purposes of these Rules.

7. The term “election survey” refers to the measurement of opinions and perceptions of the voters as regards a candidate’s popularity, qualifications, platforms or matters of public discussion in relation to the election, including voters’ preference for candidates or publicly discussed issues during the campaign period.

8. The term “exit polls” refers to a species of election survey conducted by a qualified individual or a group of individuals for the purpose of determining the probable result of an election by confidentially asking randomly selected voters for the names of candidates they have voted for, immediately after they have officially cast their ballots.

SECTION 2. Campaign Periods. - For purposes of the 13 May 2013 National and Local Elections, the campaign periods shall be:

Elective Office Start End

Candidates for Senator & Party-List groups participating in the party-list system of representation

12 February 2013 (Tuesday)

11 May 2013 (Saturday)

Candidates for Members of the House of Representatives, regional, provincial, city and municipal officials

29 March 2013 (Friday)

11 May 2013 (Saturday)

For subsequent elections, the campaign period shall be that prescribed by the Commission

SECTION 3. Prohibited Campaigning. - It is unlawful for any person, whether or not a voter or a candidate, or for any political party, or association of persons to engage in an election campaign or partisan political activity on Maundy Thursday, Good Friday, eve of Election Day, and on Election Day.

For purposes of the 13 May 2013 National and Local Elections, campaigning is prohibited on 28 March 2013 (Maundy Thursday), 29 March 2013 (Good Friday), 12 May 2013 (eve of election day), and 13 May 2013 (election day).

SECTION 4. Prohibition against Foreign Intervention. - It is unlawful for any foreigner, whether juridical or natural person, to aid any candidate, or political party, organization or coalition, directly or indirectly, or to take part in, or influence in any manner, any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity.

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SECTION 5. Authorized Expenses of Candidates and Parties. - The aggregate amount that a candidate or party may spend for election campaign shall be as follows:

a. For candidates - Three pesos (P3.00) for every voter currently registered in the constituency where the candidate filed his certificate of candidacy;

b. For other candidates without any political party and without support from any political party – Five pesos (P5.00) for every voter currently registered in the constituency where the candidate filed his certificate of candidacy.

c. For Political Parties and party-list groups – Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has official candidates.

SECTION 6. Lawful Election Propaganda. - Election propaganda, whether on television or cable television, radio, newspaper or any other medium, is hereby allowed for all parties and for all bona fide candidates seeking national and local elective positions subject to the limitation on authorized expenses of candidates and parties, observation of truth in advertising, and to the supervision and regulation by the Commission.

Lawful election propaganda shall include:

a. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one-half inches (8 ½”) in width and fourteen inches (14”) in length;

b. Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office;

c. Posters made of cloth, paper, cardboard or any other material, whether framed or posted, with an area not exceeding two feet (2') by three feet (3');

d. Streamers not exceeding three feet (3’) by eight feet (8’) in size displayed at the site and on the occasion of a public meeting or rally. Said streamers may be displayed five (5) days before the date of the meeting or rally and shall be removed within twenty-four (24) hours after said meeting or rally;

e. Mobile units, vehicles motorcades of all types, whether engine or manpower driven or animal drawn, with or without sound systems or loud speakers and with or without lights;

f. Paid advertisements in print or broadcast media subject to the requirements set forth in Section 9 hereof and Republic Act No. 9006;

g. In headquarters or residences of candidates, lawful election paraphernalia may be displayed, but banners or streamers referred to in paragraph (d) above shall not be allowed;

h. All other forms of election propaganda not prohibited by the Omnibus Election Code or these rules.

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Parties and candidates are hereby encouraged to use recyclable and environment-friendly materials and avoid those that contain hazardous chemicals and substances in the production of their campaign and election propaganda. In local government units where local legislation governing the use of plastic and other similar materials exist, parties and candidates shall comply with the same.

SECTION 7. Prohibited Forms of Election Propaganda. - During the campaign period, it is unlawful:

a. To print, publish, post or distribute any newspaper, newsletter, newsweekly, gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper sticker, poster, comic book, circular, handbill, streamer, sample list of candidates or any published or printed political matter and to air or broadcast any election propaganda or political advertisement by television or radio or on the internet for or against a candidate or group of candidates to any public office, unless they bear and be identified by the reasonably legible, or audible words “political advertisement paid for,” followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. It shall likewise be unlawful to publish, print or distribute said campaign materials unless they bear, and are identified by, the reasonably legible, or audible words “political advertisements paid by,” followed by the true and correct name and address of the payor.

b. To print, publish, broadcast or exhibit any such election propaganda donated or given free of charge by any person or publishing firm or broadcast entity to a candidate or party without the written acceptance by the said candidate or party and unless they bear and be identified by the words "printed free of charge,” or “airtime for this broadcast was provided free of charge by”, respectively, followed by the true and correct name and address of the said publishing firm or broadcast entity;

c. To show, display or exhibit publicly in a theater, television station, or any public forum any movie, cinematography or documentary portraying the life or biography of a candidate, or in which a character is portrayed by an actor or media personality who is himself a candidate;

d. For any newspaper or publication, radio, television or cable television station, or other mass media, or any person making use of the mass media to sell or to give free of charge print space or air time for campaign or election propaganda purposes to any candidate or party in excess of the size, duration or frequency authorized by law or these rules;

e. For any radio, television, cable television station, announcer or broadcaster to allow the scheduling of any program, or permit any sponsor to manifestly favor or oppose any candidate or party by unduly or repeatedly referring to, or unnecessarily mentioning his name, or including therein said candidate or party; and

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f. To post, display or exhibit any election campaign or propaganda material outside of authorized common poster areas, in public places, or in private properties without the consent of the owner thereof.

g. Public places referred to in the previous subsection (f) include any of the following:

1. Electronic announcement boards, such as LED display boards located along highways and streets, LCD TV displays posted on walls of public buildings, and other similar devices which are owned by local government units, government-owned and controlled corporations, or any agency or instrumentality of the Government;

2. Motor vehicles used as patrol cars, ambulances, and other similar purposes that are owned by local government units, government-owned and controlled corporations, and other agencies and instrumentalities of the Government, particularly those bearing red license plates;

3. Waiting sheds, sidewalks, street and lamp posts, electric posts and wires, traffic signages and other signboards erected on public property, pedestrian overpasses and underpasses, flyovers and underpasses, bridges, main thoroughfares, center islands of roads and highways;

4. Schools, shrines, barangay halls, health centers, public structures and buildings or any edifice thereof;

5. Public utility vehicles such as buses, jeepneys, trains, taxi cabs, ferries, pedicabs and tricycles, whether motorized or not;

6. Within the premises of public transport terminals, such as bus terminals, airports, seaports, docks, piers, train stations, and the like. The violation of items 4 and 5 under subsection (g) shall be a cause for the revocation of the public utility franchise and will make the owner and/or operator of the transportation service and/or terminal liable for an election offense under Section 9 of Republic Act No. 9006 as implemented by Section 18 (n) of these Rules. The printing press, printer, or publisher who prints, reproduces or publishes said campaign materials, and the broadcaster, station manager, owner of the radio or television station, or owner or administrator of any website who airs or shows the political advertisements, without the required data or in violation of these rules shall be criminally liable with the candidate and, if applicable, further suffer the penalties of suspension or revocation of franchise or permit in accordance with law.

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SECTION 8. Petition for Authority to Use other Election Propaganda. - Any person seeking authority to use other forms of election propaganda not covered by those enumerated in Sec. 6 hereof and not prohibited by law may file with the Commission, through the Clerk of the Commission, a verified petition in eight (8) legible copies, describing the election propaganda sought to be authorized with samples thereof.

Upon receipt of the petition, the Clerk of the Commission shall set it for hearing and shall send notice thereof to the petitioner. On the day following the receipt of the notice of hearing, the petitioner shall cause the publication of the petition, together with the notice of hearing, in two (2) newspapers of general circulation, notifying the Commission of such action.

If the Commission authorizes the use of the requested election propaganda, the authorization shall be published in two (2) newspapers of general circulation within one (1) week after the authorization has been granted.

SECTION 9. Requirements and/or Limitations on the Use of Election Propaganda through Mass Media. - All parties and bona fide candidates shall have equal access to media time and space for their election propaganda during the campaign period subject to the following requirements and/or limitations:

a. Broadcast Election Propaganda The duration of air time that a candidate, or party may use for their broadcast advertisements or election propaganda shall be, as follows:

For Candidates/Registered Political parties for a National Elective Position

Not more than an aggregate total of one hundred (120) minutes of television advertising, whether appearing on national, regional, or local, free or cable television, and one hundred eighty (180) minutes of radio advertising, whether airing on national, regional, or local radio, whether by purchase or donation.

For Candidates/Registered Political parties for a Local Elective Position

Not more than an aggregate total of sixty (60) minutes of television advertising, whether appearing on national, regional, or local, free or cable television, and ninety (90) minutes of radio advertising, whether airing on national, regional, or local radio, whether by purchase or donation.

In cases where two or more candidates or parties whose names, initials, images, brands, logos, insignias, color motifs, symbols, or forms of graphical representations are displayed, exhibited, used, or mentioned together in the broadcast election propaganda or advertisements, the length of time during which they appear or are being mentioned or promoted will be counted against the airtime limits allotted for the said candidates or parties and the cost of the said

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advertisement will likewise be considered as their expenditures, regardless of whoever paid for the advertisements or to whom the said advertisements were donated.

Appearance or guesting by a candidate on any bona fide newscast, bona fide news interview, bona fide news documentary, if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary, or on-the-spot coverage of bona fide news events, including but not limited to events sanctioned by the Commission on Elections, political conventions, and similar activities, shall not be deemed to be broadcast election propaganda within the meaning of this provision. To determine whether the appearance or guesting in a program is bona fide, the broadcast stations or entities must show that: (1) prior approval of the Commission was secured; and (2) candidates and parties were afforded equal opportunities to promote their candidacy. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from the obligation imposed upon them under Sections 10 and 14 of these Rules.

Provided, further, that a copy of the broadcast advertisement contract be furnished to the Commission, thru the Education and Information Department, within five (5) days from contract signing.

b. Printed or Published Election Propaganda

The maximum size of print advertisements for each candidate, whether for a national or local elective positions, or party shall be, as follows:

In broadsheets One fourth (1/4) page

In tabloids One half (1/2) page

Said print advertisement, whether procured by purchase, or given free of charge, shall not be published more than three times a week per newspaper, magazine, or other publication during the campaign period.

c. Online Election Propaganda

The maximum size of online propaganda for each candidate, whether for a national or local elective position, or party shall be as follows:

Name Width/pixels Height/pixels Aspect Ratio

Rectangles and Pop-ups

Medium 300 250 1.2

Square Pop-up 250 250 1

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Vertical Rectangle 240 400 1.67

Large Rectangle 336 280 1.2

Rectangle 180 150 1.2

3:1 Rectangle 300 100 3

Pop-Under 7.20 300 2.4

Banners and Buttons

Full Banner 468 60 7.8

Half Banner 234 60 3.9

Micro-Bar 88 31 2.84

Button 1 120 90 1.33

Button 2 120 60 2

Vertical Banner 120 240 2

Square Button 125 125 1

Leaderboard 728 90 8.09

Skyscrapers

Wide skyscraper 160 600 3.75

Skyscraper 120 600 5

Half-Page ad 300 600 2

Said online advertisement, whether procured by purchase, or given free of charge, shall not be published more than three times a week per website during the campaign period. For this purpose, the exhibition or display of the online advertisement for any length of time, regardless of frequency, within a 24 hour period, shall be construed as one instance of publication.

d. Common requirements/limitations:

1. Any printed or published, and broadcast election propaganda for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words “political advertisement

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paid for,” followed by the true and correct name and address of the candidate or party whose benefit the election propaganda was printed or aired. It must also bear, and be identified by, the reasonably legible, or audible words “political advertisement paid by,” followed by the true and correct name and address of the payor. This rule shall apply to online advertisements.

2. If the printed or published election propaganda is donated by the publishing firm, or the broadcast election propaganda is given free of charge by the radio, or television station or cable television, it shall bear and be identified by the reasonably legible or audible words “printed free of charge,” or “airtime for this broadcast was provided free of charge by,” respectively, followed by the true and correct name and address of the said publishing firm or broadcast entity. This rule shall apply to online advertisements.

3. For the above purpose, each broadcast entity and website owner or administrator shall submit to the Commission a certified true copy of its broadcast logs, certificates of performance, or other analogous record, including certificates of acceptance as required in Section 7(b) of these Guidelines, for the review and verification of the frequency, date, time and duration of advertisements aired for any candidate or party through:

For Broadcast Entities in the NCR - The Education and Information Department (EID) which in turn shall furnish copies thereof to the Campaign Finance Unit (CFU) of the Commission within five days from receipt thereof.

For Broadcast Entities outside of the NCR - The City/Municipal Election Officer (EO) concerned, who in turn, shall furnish copies thereof to the Education and Information Department (EID) of the Commission which in turn shall furnish copies thereof to the Campaign Finance Unit (CFU) of the Commission within five (5) days from the receipt thereof.

For website owners or administrators – The City/Municipal Election Officer (EO) concerned, who in turn, shall furnish copies thereof to the Education and Information Department (EID) of the Commission which in turn shall furnish copies thereof to the Campaign Finance Unit (CFU) of the Commission within five (5) days from the receipt thereof.

All broadcast entities shall preserve their broadcast logs for a period of five (5) years from the date of broadcast for submission to the Commission whenever required.

Certified true copies of broadcast logs, certificates of performance, and certificates of acceptance, or other analogous record shall be submitted, as follows:

Candidates for National Positions

1st Report

3 weeks after start of campaign period

March 4 - 11

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2nd Report

3 weeks after 1st filing week

April 3 - 10

3rd Report

1 week before election day

May 2 - 9

Last Report

Election week May 14 - 17

Candidates for Local Positions

1st Report

1 week after start of campaign period

April 15 - 22

2nd Report

1 week after 1st filing week

April 30 - May 8

3rd Report

Election week May 9 - 15

Last Report

1 week after election day May 16 - 22

For subsequent elections, the schedule for the submission of reports shall be prescribed by the Commission.

SECTION 10. Fair and Accurate Reporting. - All members of the news media, television, radio, print, or online, shall scrupulously report and interpret the news, taking care not to suppress essential facts or distort the truth by omission or improper emphasis. They shall recognize the duty to air the other side and the duty to correct substantive errors promptly without prejudice to the right of said broadcast entities to air accounts of significant news or newsworthy events and views on matters of public interest. SECTION 11. No Suspension of Franchise. - No franchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled during the election period. SECTION 12. COMELEC Space and Time for Announcement of Candidates. - The Commission shall procure print space and air time as follows:

a. Print Space

The Commission shall, through the Education and Information Department, upon payment of just compensation, procure print space in at least three (3) national newspapers of general circulation wherein candidates for national office can announce their candidacies. Such space shall be allocated free of charge equally and impartially to all candidates for national office on three different calendar days, as follows:

1st day – within the first week of the campaign period;

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2nd day – within the fifth week of the campaign period;

3rd day - within the tenth week of the campaign period.

b. Air Time

The Commission shall, through the Education and Information Department, also procure free air time from at least three (3) national television networks and three (3) national radio networks wherein candidates for national office can announce their candidacies.

Air time shall be allocated free of charge equally and impartially to all candidates for national office on three (3) different calendar days, as follows:

1st day – within the first week of the campaign period;

2nd day – within the fifth week of the campaign period;

3rd day - within the tenth week of the campaign period.

Each advertisement shall be in the form of a maximum of thirty (30) seconds spot, or in the form of interviews or campaign speeches at time limits to be set by the Commission in consultation with the said candidates or the parties;

Costs of production of political advertisement shall be at the expense of the candidate or political party, but the speeches or interviews shall be free of charge and the moderator shall be a COMELEC Official or one designated by the COMELEC for the purpose.

Section 13. COMELEC Space and Time for COMELEC Information Dissemination. - The Commission shall furthermore procure print space and air time as follows:

a. Print Space

The Commission shall, through the Regional Election Director (RED), or in the case of the National Capital Region (NCR), the Education and Information Department, upon payment of just compensation, procure print space in at least one (1) newspaper of general circulation in the province or city which shall be known as COMELEC Space to be utilized exclusively for public information dissemination on election-related concerns. In the absence of said newspaper of general circulation, publication shall be done in any other magazine or periodical in the province or city.

b. Airtime

The Commission shall, through the Regional Election Director (RED), or in the case of National Capital Region (NCR), the Education and Information Department, also procure air time free of charge in at least one (1) major broadcasting station or entity in every province or city which shall be known as COMELEC Time to be utilized exclusively for public information dissemination on election-related concerns. In the absence of a major station or entity, broadcasting shall be done in any radio or television station in the province or city.

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Each radio, television or broadcasting station chosen by the Regional Election Director or the Director of the Education and Information Department, as the case may be, shall provide airtime including primetime at least sixty (60) minutes daily.

SECTION 14. Right to Reply - All parties and bona fide candidates shall have the right to reply to charges published or aired against them. The reply shall be given publicity by the newspaper, television, and/or radio station which first printed or aired the charges with the same prominence or in the same page or section, or in the same time slot as the first statement.

Candidates may invoke the right to reply by submitting a formal, verified, claim against the media outlet to the COMELEC, through the appropriate Regional Election Director, or in the case of the NCR, the EID. The claim shall include a detailed enumeration of the circumstances and occurrences which warrant the invocation of the right to reply.

The COMELEC shall, within 24 hours of receipt of the claim, endorse the same to the media outlet involved, which shall, within 24 hours, submit a report to the COMELEC, through the appropriate Regional Election Director, or in the case of the NCR, the EID, on the action it has taken to address the claim.

SECTION 15. Rates for Political Propaganda. - During the election period, media outlets shall charge parties and bona fide candidates a discounted rate for their election propaganda over the average rates charged during the first three (3) quarters of the calendar year preceding the elections, as follows:

a. For television - Thirty percent (30%);

b. For radio – Twenty percent (20%);

c. For print - Ten percent (10%)

SECTION 16. Regulation of Election Propaganda through Mass Media. - In all instances, the Commission shall supervise the use and employment of press, radio and television facilities insofar as the placement of political advertisements is concerned to ensure that candidates are given equal opportunities under equal circumstances to make known their qualifications and their stand on public issues within the limits set forth in the Omnibus Election Code, Republic Act No. 9006, and these rules. SECTION 17. Posting of Campaign Materials. - Parties and candidates may post any lawful campaign material in:

a. Authorized common poster areas in public places subject to the requirements and/or limitations set forth in the next following section; and

b. Private places provided it has the consent of the owner thereof.

The posting of campaign materials in public places outside of the designated common poster areas and those enumerated under Section 7 (g) of these Rules and the like is prohibited. Persons posting the same shall be liable together with the candidates and other persons who caused the posting. It will be presumed that the candidates and parties caused the posting of campaign materials outside the common poster areas if they do

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not remove the same within three (3) days from notice which shall be issued by the Election Officer of the city or municipality where the unlawful election propaganda are posted or displayed.

Members of the PNP and other law enforcement agencies called upon by the Election Officer or other officials of the COMELEC shall apprehend the violators caught in the act, and file the appropriate charges against them.

SECTION 18. Common Poster Areas. - Parties and independent candidates may, upon authority of the Commission, through the City or Municipal Election Officer (EO) concerned, erect, at their expense, common poster areas wherein they can post, display, or exhibit their election propaganda to announce or further their candidacy subject to the following requirements and/or limitations:

a. A common poster area does not refer to a post, a tree, the wall of a building or an existing public structure that is in active use, but a structure, the location and number of which are herein below determined, that is temporarily set up by the candidates or political parties for the exclusive purpose of displaying their campaign posters;

b. In no instance shall an Election Officer designate any trees, flowering plants, shrubs located along public roads, in plazas, parks, school premises or in any other public grounds as common poster areas. In cases where parties and candidates still persist in displaying, posting, or exhibiting of their campaign or election propaganda on trees and plants, they shall be prosecuted for violation of these Rules, without prejudice to the institution of a criminal complaint for the violation of Republic Act No. 3571.

c. Each party and independent candidate, with prior consent from the Commission, may put up common poster areas in every barangay, subject to the following conditions:

5,000 registered voters or less 1 common poster area

For every increment of 5,000 registered voters, or a fraction thereof, thereafter

1 additional common poster area

d. Such common poster areas shall be allowed by the Election Officer only in selected public places such as plazas, markets, barangay centers and the like where posters may be readily seen or read, with the heaviest pedestrian and/or vehicular traffic in the city or municipality;

e. The Election Officer shall make, and post in his office, a list of the common poster areas in each city or legislative district in said city or municipality, indicating therein their exact locations, and furnish each political party or candidate copies of said list at the latter’s expense, and also the Provincial Election Supervisor and the Director IV of the Education and Information Department;

f. The Election Officer shall comply with his obligations in the immediately preceding paragraph not later than five (5) days before the start of the

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campaign period for national elections and failure to do so shall make him liable for gross neglect of duty;

g. The size of each common poster area shall not exceed the following dimensions:

a. For political parties and party-list groups. – twelve (12) by sixteen (16) feet, or its equivalent but not exceeding a total area of 192 square feet; and

b. For independent candidates – four (4) by six (6) feet or its equivalent but not exceeding a total area of twenty four (24) square feet.

h. The individual posters that may be posted in each common poster areas shall not exceed two (2) by three (3) feet. However, in case of space limitations, posters of candidates of political parties may be reduced to a uniform size to accommodate all candidates. This regulation is also violated by making single letters of names having the maximum size or lesser and then putting them together to form a size exceeding two (2) by three (3) feet;

i. The common poster areas allocated to parties and independent candidates shall not be used by other parties and independent candidates even with the consent of the former;

j. The common poster areas put up for party-list groups, organizations and/or coalitions thereof shall be allocated at the rate of one (1) common poster area for every thirty-two (32) party-list groups, organizations and/or coalitions thereof;

k. In case there are less than thirty-two (32) party-list groups, organizations and/or coalitions thereof, applying to put up the common poster areas, the Election Officer (EO) concerned shall reduce the size of the common poster area depending on the total number of applicants thereof, provided that each group is entitled to post one two (2) feet by three (3) feet poster;

l. In case there are more than thirty-two (32) party-list groups, organizations and/or coalitions applying to put up common poster areas, the Election Officer (EO) concerned shall determine the appropriate number and size of common poster areas to equitably accommodate the total number of applicants, subject to the provisions of the immediately two (2) preceding paragraphs;

m. Parties and independent candidates shall file their applications to erect common poster areas with the Officer of the City/Municipal Election Officer (EO) concerned within five (5) days from the effectivity of this Resolution; otherwise they must accept the listing prepared by the Election Officer.

n. Within five (5) days after the elections and without need of notice, the parties and candidates which applied for the putting up of common poster areas shall tear down the same at their own expense and restore the site into its original condition. Non-performance of this obligation shall be deemed a

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violation of the law and regulation on the observance of common poster areas for which the candidate and party concerned shall be liable.

o. No lawful election propaganda materials shall be allowed outside the common poster areas except in private properties with the consent of the owner or in such other places mentioned in these Rules. Any violation hereof shall be punishable as an election offense.

p. In all cases, the parties shall agree among themselves how their individual posters in the common poster areas shall be placed. In case no agreement is reached, the Election Officer (EO) concerned shall determine said placement by drawing of lots.

q. The Election Officer shall act on all applications for common areas within three (3) days from receipt thereof. For this purpose, he shall determine whether the proposed common poster area sites are public places with heavy pedestrian or vehicular traffic, or business or commercial centers, or densely populated areas, and equitably and impartially allocate the sites to ensure maximum exposure of the lawful propaganda materials of all parties and independent candidates.

r. Any party or independent candidate aggrieved by the action of the Election Officer may appeal the same within two (2) days from receipt of the order of said Election Officer to:

1. The Provincial Election Supervisors (PES); or

2. The Regional Election Director (RED), in the case of the National Capital Region (NCR).

s. The Provincial Election Supervisor (PES) or Regional Election Director (RED) concerned shall decide the appeal within two (2) days from receipt thereof, furnishing copies of the decision to the parties concerned and to the Law Department of the Commission. The decision shall be final and executory.

SECTION 19. Establishment of Headquarters. - Every registered political party or sectoral organization or coalition participating in the party list system or candidate may be allowed to establish a limited number of headquarters subject to the following conditions:

a. A registered party with national constituency and a national candidate may establish one headquarters in each province or highly urbanized city;

b. A registered political party with regional constituency may establish one headquarters in each province or highly urbanized city in the region;

c. A registered political party with provincial constituency and a provincial candidate may be allowed to establish one headquarters in each municipality;

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d. Congressional candidates may be allowed to establish one headquarters in the legislative district they seek to represent. Should their legislative district be composed of several municipalities, they may be allowed to establish one headquarters per municipality;

e. City candidates may be allowed to establish one headquarters per councilor district;

f. Municipal candidates may be allowed to establish one headquarters in the entire municipality.

g. Lawful election propaganda may be displayed at headquarters subject to the limitations provided for in SEC. 6 (g) hereof.

SECTION 20. Submission of List of Location of Headquarters. - All parties and candidates shall submit within five (5) days from their establishment, the list showing the specific locations and addresses of all their headquarters, to the following offices:

a. National parties and candidates - Law Department

b. Provincial parties and candidates - PES

c. City and Municipal parties and candidates - EO

d. Parties and Candidates in the NCR - RED

The Official of the COMELEC to whom the list of headquarters is submitted shall furnish copies thereof to the Law Department and the Education and Information Department, within five (5) days from receipt of the list.

SECTION 21. Headquarters Signboard. - Before the start of the campaign period, only one (1) signboard, not exceeding three (3) feet by eight (8) feet in size, identifying the place as the headquarters of the party or candidates is allowed to be displayed. Parties may put up the signboard announcing their headquarters not earlier than five (5) days before the start of the campaign period. Individual candidates may put up the signboard announcing their headquarters not earlier than the start of the campaign period. Only lawful election propaganda material may be displayed or posted therein and only during the campaign period. SECTION 22. Prohibition on the Removal, Destruction or Defacement of Lawful Election Propaganda. - During the campaign period, it is unlawful for any person to remove, destroy, obliterate or, in any manner, deface or tamper with, or prevent the distribution of any lawful election propaganda enumerated in Section 6 hereof. SECTIOn 23. Removal, Confiscation, or Destruction of Prohibited Propaganda Materials. - Any prohibited form of election propaganda shall be summarily stopped, confiscated, removed, destroyed, or torn down by the representatives of the Commission, at the expense of the candidate, parties or person for whose apparent benefit the prohibited election propaganda materials have been produced, displayed, and disseminated.

Any person, party, association, agency, office, bureau or department of the government may file with the Commission, through its field office, a petition to

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confiscate, remove, destroy and/or stop the distribution of any propaganda material on the ground that the same is offensive to public morals, libelous, illegal, prohibited, subversive or irrelevant to the election issues.

The Commission, after summary hearing, shall resolve the petition within six (6) days from the time it is submitted for decision. Where the parties concerned cannot be contacted or are unknown or refuse to appear at the hearing, the Commission may decide the petition ex parte.

The Commission may, motu proprio, immediately order the removal, destruction and/or confiscation of any prohibited propaganda material, or those materials which contain statements or representations that are illegal, prohibited, patently libelous, offensive to public morals, subversive or which tend to incite sedition or rebellion.

SECTION 24. Creation of Task Force to Tear Down and Remove Unlawful Election Materials. - There is hereby created a task force to tear down and remove all unlawful election materials composed of the Election Officer as Chairman, the Station Commander of the PNP (Chief of Police) as Vice Chairman, and a third member belonging to any of the deputized agencies of the Commission.

The Task Force shall have the following duties and functions:

a. To tear down and remove campaign propaganda materials posted in public places outside the common poster areas;

b. To tear down and remove all prohibited forms of campaign materials wherever posted or displayed;

c. To monitor and watch out for persons posting or distributing said unlawful election paraphernalia and to arrest said persons caught in the act; and

d. To make a report of said activities done by them.

SECTION 25. Removal of Prohibited Propaganda Materials Before the Start of the Campaign Period. - All prohibited forms of election propaganda as described in Section 7 of these Rules shall be immediately removed, or caused to be removed, by said candidate or party before the start of the campaign period; otherwise, the said candidate or party shall be presumed to have committed the pertinent election offense during said campaign period for national candidates or for local candidates as the case may be.

The prohibited forms of propaganda contemplated in this Section include any names, images, logos, brands, insignias, color motifs, initials, and other forms of identifiable graphical representations placed by incumbent officials on any public structures or places as enumerated in Section 7 (g) of these Rules.

SECTION 26. Election Surveys. - During the election period, any person, whether natural or juridical, candidate or organization may conduct an election survey. The survey shall be published and shall include the following information:

a. The name of the person, candidate, party, or organization that commissioned or paid for the survey;

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b. The name of the person, polling firm or survey organization who conducted the survey;

c. The period during which the survey was conducted, the methodology used, including the number of individual respondents and the areas from which they were selected, and the specific questions asked;

d. The margin of error of the survey;

e. For each question for which the margin of error is greater than that reported under paragraph (4), the margin of error for that question; and

f. A mailing address and telephone number, indicating it as an address or telephone number at which the sponsor can be contacted to obtain a written report regarding the survey in accordance with the next succeeding paragraph.

g. The survey together with raw data gathered to support its conclusions shall be available for inspection, copying and verification by the Commission. Any violation of this SECTION shall constitute an election offense.

SECTION 27. Exit Polls. - Exit polls may only be taken subject to the following requirements:

a. Pollster shall not conduct their surveys within fifty (50) meters from the polling place, whether said survey is taken in a home, dwelling place and other places;

b. Pollsters shall wear distinctive clothing and prominently wear their identification cards issued by the organization they represent;

c. Pollsters shall inform the voters that they may refuse to answer; and

d. The results of the exit polls may be announced after the closing of the polls on election day, and must identify the total number of respondents, and the places where they were taken. Said announcement shall state that the same is unofficial and does not represent a trend.

SECTION 28. Rallies, Meetings and Other Political Activities. - Subject to the requirements of local ordinances on the issuance of permits, any political party supporting official candidates and parties or any candidate, individually or jointly with other aspirants, may hold peaceful political meetings, rallies or other similar activities during the campaign period.

Any party or candidate shall notify the election officer concerned of any public rally said party or candidate intends to organize and hold in the city or municipality. The notice must be submitted three (3) working days prior to the date thereof, and must include the venue and its address, as well as a commitment to submit a Statement of Expenses, and within seven (7) working days thereafter submit to the election officer a Statement of Expenses incurred in connection therewith. The prescribed forms for Notice of Public Rally and Statement of Expenses are provided in Comelec Resolution No. 9476.

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SECTION 29. Application for Permit to Hold Public Meetings, Rallies or Other Political Activities. - All applications for permits to hold public meetings, rallies and other similar political activities shall be filed with the authorized city or municipal official who shall acknowledge receipt thereof in writing. Immediately after its filing, the application shall be posted in a conspicuous place in the city hall or municipal building.

The official before whom the application is filed shall submit to the Election Officer (EO) concerned on the first working day of each week the list of applications, if any, filed during the previous week and the action taken thereon.

SECTION 30. Action on Application for Permit. - Within three (3) days after the filing of an application for permit to hold public meetings, rallies or other political activities, the local authority concerned shall act in writing on said application. Any application not acted upon within three (3) days from the date of its filing shall be deemed approved.

In acting on the application, the approving official shall give all candidates and parties equal and fair opportunity as to date, time and place, to hold public political meetings or rallies. In the last week of the campaign period, all independent candidates and parties shall be entitled to hold at least one public meeting or rally, at the time to be chosen by the applicant, in the public plaza or place where public political meetings or rallies are usually held.

An application for permit shall be denied only on the ground that a prior written application by another candidate or party for the same purpose has been approved. Denial or any application may be appealed to the Provincial Election Supervisor and in the National Capital Region, to the Regional Election Director who shall decide the same within forty-eight (48) hours after the filing of the appeal, and shall give notice of the decision to the parties. The decision shall be final and executory.

SECTION 31. Prohibited Acts During Public Meetings. - It is unlawful for any candidate, party or any person to give or accept, free of charge, directly or indirectly, transportation, food and drinks, or anything of value during and within the five (5) hours before and after a public meeting, or to give or contribute, directly or indirectly, money or things of value for such purpose. SECTION 32. Mass Media Columnist, Announcer or Personality Running for Public Office or is a Campaign Volunteer. - Any mass media columnist, commentator, announcer, reporter, on-air correspondent, or personality who is a candidate for any elective public office, a party-list nominee, or is a campaign volunteer for or employed or retained in any capacity by any candidate or party shall be deemed resigned, if so required by their employer, or shall take a leave of absence from his/her work as such during the campaign period; Provided, that after he has filed his certificate of candidacy but before the campaign period, it shall be his obligation not to use his media work for premature election campaign or partisan political activity: Provided, finally, that any media practitioner who, while not himself a candidate, is an official of a political party or a member of the campaign staff of a candidate or party shall not use his/her time or space to favor any candidate or party;

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SECTION 33. Deputation - The Commission hereby deputizes the Philippine Information Agency (PIA), Kapisanan ng mga Brodkasters ng Pilipinas (KBP), Philippine Association of Private Telephone Companies (PAPTELCO), and the Telecommunication Operators of the Philippine (TOP) to conduct, in coordination with the Education and Information Department, regular information campaign on the proper use of any medium of communication.

The Commission hereby deputizes local government units to prevent, remove, destroy, confiscate or tear down any prohibited propaganda materials without any partiality.

SECTION 34. Applicability to Overseas Absentee Voting. - This Resolution shall apply in a suppletory character wherever applicable to all resolutions on campaigning abroad under Republic Act No. 9189. SECTION 35. Election Offense. - Any violation of RA 9006 and these Rules shall constitute an election offense punishable under the first and second paragraph of Section 264 of the Omnibus Election Code in addition to administrative liability, whenever applicable. Any aggrieved party may file a verified complaint for violation of these Rules with the Law Department of the Commission. SECTION 36. Effectivity. - This Resolution shall take effect on the (7th) seventh day after its publication in two (2) daily newspapers of general circulation. This Resolution supersedes all previous resolutions inconsistent herewith. SECTION 37. Publication and Dissemination. - The Education and Information Department shall cause the publication of this Resolution in at least two (2) newspapers of general circulation, and furnish copies thereof to all field offices of the Commission, and to the presidents or secretary-generals of all parties, candidates, mass media entities, and deputized offices.

SO ORDERED.

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REFERENCES

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Bayoran, Gilbert. (2013).Diocese defies comelec on Team Patay poster. Retrieved from http://www.rappler.com/nation/plolitics/elections-2013/22631-diocese-defies-comelec-on-team-patay-poster.

Cayabyab, Marc Jayson. (2013). Comelec: Premature campaigning not an offense, excluded from expense limits|News|GMA News Online. Retrieved from http://www.gmanetwork.com/news/story/290757/news/nation/comelec-pemature-campaigning-not-an-offense-excluded-from-expense-limits

COMELEC. (2013) Resolution No. 9615 RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9006, OTHERWISE KNOWN AS THE “FAIR ELECTION ACT”, IN CONNECTION TO THE 13 MAY 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS. Retrieved from http://Resolution No_ 9615 Commission on Elections.mht

COMELEC. (2013). Republic Act No. 9006AN ACT TO ENHANCE THE HOLDING OF FREE, ORDERLY, HONEST, PEACEFUL AND CREDIBLE ELECTIONS THROUGH FAIR ELECTION PRACTICES. Retrieved from http://Republic Act No_ 9006 Commission on Elections.mht

Crisostomo, Sheila.(2013). Comelec to intensify campaign vs poster violation|Headlines, News, The Philippines Star|philstar.com. Retrieved from http://www.philstar.com/headlines/2013/04/10/928916/comelec-intensify-campaign-vs-poster-violations

Fonbuena ,Carmela. (2014). Final: 120 minutes pol ads per TV station-SC. Retrieved from http://www.rappler.com/nation/74117-final -ruling-political-ads?utm_expid=52036214-3.ZdNJcIwRGKh5FrBYz8elQ.

RAPPLER.COM. (2013). INFOGRAPHIC: Allowed election propaganda. Retrieved from http:// www.rappler.com/nation/politics/elections-2013/25718-infograpjic-allowed-election -propaganda.

Rufo, Aries. (2013). Why revert to old airtime cap for pol ads?. Retrieved from http://www.rappler.com/nation/politics/elections-2013/201502/-why –revert-to-the-old-airtime-cap-for-political-ads

Santos Jr , Reynaldo. (2013).More PNoy, UNA bets warned on propaganda. Retrieved from http:// rappler.com./more PNoy, UNA bets warned on propaganda.mht

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Comelec warns candidates against illegal posters. (http://newsinfo.inquirer.net/breakingnews/nation/view/20100325260800/Comelec-warns-candidates-against-illegal-posters)

Omnibus Election Code of the Philippines-Chan robles virtual Law Library. Retrieved from http://www.chanrobles.com/electioncodeofthephilippines.html//VK050NzLdom

Benluy vs Republic of the Philippines. Retrieved from http://www.chanrobles.com/G_R_ No_ L-5522 - LEONCIO HO BENLUY vs_ REPUBLIC OF THE PHIL_.html

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PPIvsCOMELEC(2013). Retrieved from

https://allthingslegalandfun.wordpress.com/2013/02/13/ppi-vs-comelec/

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