For information dissemination purposes, this Resolution is reproduced below and for more information on election campaign, it is best to refer to the Comelec website.
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
Promulgated on 15 January 2013
Source: COMELEC
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.
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 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.
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.
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.
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.
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
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.
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.
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.
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:
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 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
|
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 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
|
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;
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.
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 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 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 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;
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 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;
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.
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;
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.
(Sgd.) SIXTO
S. BRILLANTES, JR.
Chairman |
|
(Sgd.) RENE V. SARMIENTO Commissioner |
(Sgd.) LUCENITO N. TAGLE Commissioner |
(Sgd.)ARMANDO C. VELASCO Commissioner |
(Sgd.) ELIAS R. YUSOPH Commissioner |
(Sgd.)CHRISTIAN ROBERT S. LIM Commissioner |
(Sgd.) MARIA GRACIA CIELO M. PADACA Commissioner |
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