campaign and election propaganda

7/28/2019 Campaign and Election Propaganda

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ELECTION AND CAMPAIGN PERIODS

0 ELECTION PERIOD- shall commence ninety (90) daysbefore the day of the election and shall end thirty (30) daysthereafter, UNLESS otherwise fixed in special cases by theCommission on Elections

0

CAMPAIGN PERIOD:0 Presidential and Vice-Presidential Election- 90 days0 Members of House of Representatives and Local

Election- 45 days0 Barangay Election- 15 days

0

Campaign periods shall not include the day before and theday of the election.0 SPECIAL ELECTIONS (under Article VIII, Section 5,

Subsection 2 of the Constitution)- 45 days


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ELECTION PROPAGANDA0 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 orgraphic representation that is capable of being associated with acandidate or party, and is intended to draw the attention of thepublic or a segment thereof to promote or oppose, directly orindirectly, the election of the said candidate or candidates to a publicoffice.

0 in broadcast media, political advertisements may take the form

of spots, appearances on TV shows and radio programs, live or tapedannouncements, teasers, and other forms of advertising messagesor announcements used by commercial advertisers.

0 Political advertising includes matters, not falling within the scopeof personal opinion, that appear on any Internet website,including, but not limited to, social networks, blogging sites, andmicro-blogging sites, in return for consideration, or otherwisecapable of pecuniary estimation.

[COMELEC RESOLUTION NO. 9615, JAN.15, 2013 (RULES ANDREGULATIONS IMPLEMENTING THE FAIR ELECTION ACT INCONNECTION TO THE 13 MAY 2013 ELECTIONS)]


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CAMAIGN

FINANCERULE$


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AUTHORIZED EXPENSES OF

CANDIDATES AND PARTIES0 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 hiscertificate of candidacy;

b. For other candidates without any political party andwithout support from any political party - Five pesos (P5.00) forevery voter currently registered in the constituency where thecandidate 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.


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LAWFUL EXPENDITURES

0 For traveling expenses of the candidates and campaign personnel inthe course of the campaign and for personal expenses incidentthereto;

0 For compensation of campaigners, clerks, stenographers,

messengers, and other persons actually employed in the campaign;0 For telegraph and telephone tolls, internet access, postages, freight

and express delivery charges;0 For stationery, printing and distribution of printed materials relative

to the candidacy;0 For employment of watchers at the polls;

0 For rent, maintenance and furnishing of campaign headquarters,office or place of meetings;0 For political meetings and rallies and the use of sound systems,

lights and decorations during said meetings and rallies;


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0 For newspaper, radio, television and other advertisements forpurposes of promoting the candidacy, including website orinternet ad placements, subject to existing rules and regulationson the broadcast advertising.

0 For employment of counsel;0 For copying and classifying lists of voters, investigating and

challenging the right to vote of persons registered in the lists;and

0 For printing sample ballots in such color, size and maximumnumber as may be authorized by the Commission.

The expenditures for items (i), (j), and (k), shall not be taken intoaccount in determining whether the expenditure limit has beenbreached by the candidate or party in the conduct of campaignactivities. [OEC, Sec. 102]
http://www.comelec.gov.ph/?r=laws/OmnibusElectionCode/TOChttp://www.comelec.gov.ph/?r=laws/OmnibusElectionCode/TOChttp://www.comelec.gov.ph/?r=laws/OmnibusElectionCode/TOC


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UNLAWFUL ACTS, OMISSIONS AND ACTIVITIESRELATED TO CAMPAIGN FINANCE AND

THE FAIR ELECTION ACT(SEC. 7, COMELEC RESOLUTION NO. 9616, JAN.16, 2013)


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General Instructions for the

Implementation of Campaign Finance Laws as embodied in

Resolution No. 9476, as amended (Campaign Finance Rules)

[RESOLUTION NO. 9616, JAN.16, 2013]

Designation ofthe CampaignFinance Unit

MonitoringActivities

During theCampaign

Period

Deputation ofCOA, BIR, LawEnforcementAgencies andAnti-MoneyLaundering

Council

Initiation ofComplaint

Investigationand

Prosecution


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NATIONAL PRESS CLUB VS. COMELECGR NO. 102653, MARCH 5, 1992

FACTS:

0 Petitioners in these consolidated cases consist ofrepresentatives of the mass media which are prevented

from selling or donating space and time for politicaladvertisements

0 They argued that Section 11 (b) of RA 6646 known as theElectoral Reforms Law of 1987 invades and violates theirfreedom of expression; that the prohibition is in derogationof media's role, function and duty to provide adequate

channels of public information and public opinion relevantto election issues; that abridges the freedom of speech ofcandidates, and that it curtails and limits the right of votersto information and opinion


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0 Section 11 (b) of Republic Act No. 6646, known as theElectoral Reforms Law of 1987:

Sec. 11 Prohibited Forms of Election Propaganda.Inaddition to the forms of election propaganda prohibitedunder Section 85 of Batas Pambansa Blg. 881, it shall beunlawful;

xxx xxx xxxb) for any newspapers, radio broadcasting or televisionstation, other mass media, or any person making use of the

mass media to sell or to give free of charge print space or airtime for campaign or other political purposes except to theCommission as provided under Sections 90 and 92 of BatasPambansa Blg. 881


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0 ISSUE: Whether or not Section 11 (b) of RA 6646known as the Electoral Reforms Law of 1987constitute a permissible exercise of the power of

supervision or regulation of the operations ofcommunication and information enterprises duringan election period


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RULING:

0 The Court considers that Section 11 (b) has not goneoutside the permissible bounds of supervision orregulation of media operations during election periods.

0 Rights of free speech and free press are not unlimitedrights

0 Right to equal access to opportunities for public service0 Article IX(C) (4) of the 1987 Constitution- COMELECs

authority to supervise or regulate the enjoyment or

utilization of the franchises or permits for the operation ofmedia of communication and information.

0 Legitimate objective: equalizing, as far as practicable, thesituations of rich and poor candidates


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0 Section 11 (b) is circumscribed by certain importantlimitations:

0 limited in its applicability in time to election periods.

0 applies only to the purchase and sale, including purchase andsale disguised as a donation of print space and air time for"campaign or other political purposes. It covers only paidpolitical advertisements of candidates.

0 Nature and characteristics of modern mass media,especially electronic media- Frequently, such repetitivepolitical commercials when fed into the electronic mediathemselves constitute invasions of the privacy of thegeneral electorate.


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ELECTION CAMPAIGN


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ELECTION CAMPAIGN

0 Election campaign" or "partisan political activity"refers to an act designed to promote the election ordefeat of a particular candidate or candidates to a

public office

(Section 79 (b), BP 881 Omnibus Election Code of the Philippines)


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ELECTION CAMPAIGN

(1) Forming organizations, associations, clubs, committees or othergroups of persons for the purpose of soliciting votes and/orundertaking 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/orundertaking any campaign or propaganda for or against a candidate;(3) Making speeches, announcements or commentaries, or holdinginterviews for or against the election of any candidate for public office;(4) Publishing or distributing campaign literature or materialsdesigned to support or oppose the election of any candidate; or(5) Directly or indirectly soliciting votes, pledges or support for oragainst a candidate.

(Section 79 (b), BP 881 Omnibus Election Code of the Philippines)


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0 Personal opinions, views, and preferences forcandidates, contained in blogs shall not be consideredacts of election campaigning or partisan political

activity unless expressed by government officials in theExecutive Department, the Legislative Department, the

Judiciary, the Constitutional Commissions, and members of

the Civil Service.

[SEC.1 (1) COMELEC RESOLUTION NO. 9615, JAN.15, 2013 (RULES ANDREGULATIONS IMPLEMENTING THE FAIR ELECTION ACT IN

CONNECTION TO THE 13 MAY 2013 ELECTIONS)]


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Use of ElectionPropaganda

through MassMedia

COMELEC PrintSpace and Air

Time

Posting ofCampaignMaterials

Establishment ofHeadquarters

Rallies, Meetingsand Other

PoliticalActivities

Deputation


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Candidate, defined

0 refers to any person aspiring for or seeking an electivepublic office, who has filed a certificate of candidacy byhimself or through an accredited political party,aggroupment, or coalition of parties (Sec. 79, BP 881)

0 and one who has not died, withdrawn his certificate ofcandidacy, had his certificate of candidacy denied duecourse or cancelled, or has been otherwise disqualifiedbefore the start of the campaign period for which he filed

his certificate of candidacy. Provided, that, unlawful acts oromissions applicable to a candidate shall take effect onlyupon the start of the aforesaid campaign period.(COMELEC Resolution No. 9615, Jan.15, 2013)


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FILING OF COC FOR THE PURPOSE

OF PRINTING BALLOTS0 "For this purpose, the Commission shall set the deadline for the filing of

certificate of candidacy/petition of registration/manifestation toparticipate in the election.Any person who files his certificate ofcandidacy within this period shall only be considered as acandidate at the start of the campaign period for which he filed his

certificate of candidacy: Provided, That, unlawful acts or omissionsapplicable to a candidate shall effect only upon that start of theaforesaid campaign period: Provided, finally, That any person holdinga public appointive office or position, including active members of thearmed forces, and officers, and employees in government-owned or-controlled corporations, shall be considered ipso factorresigned fromhis/her office and must vacate the same at the start of the day of the

filing of his/her certification of candidacy.

(Section 13, RA 9369AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED "AN ACT AUTHORIZING THECOMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM)


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LANOT VS. COMELEC AND EUSEBIOGR NO. 164858, NOVEMBER 16, 2006

FACTS:0 Petitioners filed a petition for disqualification under Sections 68

and 80 of the Omnibus Election Code against Eusebio before theCOMELEC.

0 They alleged that Eusebio who filed his Certificate of Candidacyon December 29, 2003 engaged in an election campaign in

various forms on various occasions outside of the designatedcampaign period (starts on March 24, 2004), such as(1) addressing a large group of people during a medical missionsponsored by the Pasig City government;(2) uttering defamatory statements against Lanot;(3) causing the publication of a press release predicting his victory;

(4) installing billboards, streamers, posters, and stickers printedwith his surname across Pasig City; and(5) distributing shoes to schoolchildren in Pasig public schools toinduce their parents to vote for him.


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0 SECTION 80. Election campaign or partisan politicalactivity outside campaign period. It shall be unlawfulfor any person, whether or not a voter or candidate, or

for any party, or association of persons, to engage in anelection campaign or partisan political activity except

during the campaign period: Provided, That politicalparties may hold political conventions or meetings tonominate their official candidates within thirty

days before the commencement of the campaign periodand forty-five days for Presidential and Vice-Presidentialelection. (Emphasis supplied)


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0 ISSUE: Whether or not Eusebio should be disqualifiedfor engaging in an election campaign or partisanpolitical activity outside the campaign period.


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RULING:

0 Courts review of the factual findings of the COMELEC,as well as the law applicable to this case, shows that

there is no basis to disqualify Eusebio.0 The essential elements for violation of Section 80 of

the Omnibus Election Code are:

0 (1) a person engages in an election campaign orpartisan political activity;

0 (2) the act is designed to promote the election or defeatof a particular candidate or candidates;

0 (3) the act is done outside the campaign period.


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0 The clear intention of Congress was to preserve theelection periods as x x x fixed by existing law priorto RA 8436 and that one who files to meet the earlydeadline will still not be considered as a candidate.

0 Eusebios acts of election campaigning or partisan politicalactivities were committed outside of the campaign period.However, he was not yet a candidate for purposes otherthan the printing of ballots when he filed his certificate ofcandidacy on 29 December 2003

0

Acts committed by Eusebio priorto his being a candidateon 23 March 2004, even if constituting electioncampaigning or partisan political activities, are notpunishable under Section 80 of the Omnibus ElectionCode. Such acts are protected as part of freedom ofexpression of a citizen before he becomes a candidate for

elective public office. Acts committed by Eusebio on orafter 24 March 2004, or during the campaign period, arenot covered by Section 80 which punishes onlyacts outside the campaign period.


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PENERA VS. COMELEC AND ANDANARGR NO. 181613, SEPTEMBER 11, 2009

FACTS:

0 Penera and private respondent Andanar weremayoralty candidates in Sta. Monica.

0 Andanar filed a Petition for Disqualification againstPenera, as well as the candidates who belonged to herpolitical party for unlawfully engaging in electioncampaigning and partisan political activity prior to

the commencement of the campaign period (March30, 2007) by conducting a motorcade on the day shefiled her Certificate of Candidacy (March 29, 2007).


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0 Penera admitted that a motorcade did take place, but sheexplained that it was simply in accordance with the usualpractice in nearby cities and provinces, where the filing ofcertificates of candidacy was preceded by a motorcade,which dispersed soon after the completion of such filing.

0 While the case was pending, elections took place and, as aresult thereof, Penera was proclaimed the duly electedMayor of Sta. Monica.

0

However, COMELEC Second Division later on issued itsResolution which disqualified Penera for engaging inpremature campaigning, in violation of Sections 80 and 68of the Omnibus Election Code.


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0 ISSUE: Whether or not Penera should be disqualifiedfor engaging in an election campaign or partisanpolitical activity outside the campaign period.


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RULING:

0 Section 80 of the Omnibus Election Code remains relevantand applicable despite Section 15 of Republic Act No. 8436,

as amended.0 the conduct of a motorcade is a form of election campaign

or partisan political activity, falling squarely within theambit of Section 79(b)(2) of the Omnibus Election Code

0 premature campaigning may be committed even by a

person who is not a candidate, based on Section 80 of theOmnibus Election Code; Itshall be unlawful for anyperson, whether or not a voter or candidate.


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0 Pursuant to Section 15 of Republic Act No. 8436, asamended, even after the filing of the COC but before thestart of the campaign period, a person is not yet officiallyconsidered a candidate.

0 Nevertheless, a person, upon the filing of his/herCOC, already explicitly declares his/her intention to runas a candidate in the coming elections. The commission bysuch a person of any of the acts enumerated under Section79(b) of the Omnibus Election Code (i.e., holding rallies orparades, making speeches, etc.) can, thus, be logically andreasonably construed as for the purpose of promotinghis/her intended candidacy.


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0 With respect to Section 15 of Republic Act No. 8436, asamended, which provides thatany unlawful act oromission applicable to a candidate shall take effectonly

upon the start of the campaign period, it means that onlyafter said person officially becomes a candidate, at thebeginning of the campaign period, can said actsbe giveneffectas premature campaigning under Section80 of the Omnibus Election Code. Only after said person

officially becomes a candidate, at the start of the campaignperiod, can his/her disqualification be sought for actsconstituting premature campaigning.


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PENERA VS. COMELEC AND ANDANARGR NO. 181613, NOV. 25, 2009 (MR)

0 Congress has laid down the law a candidate isliable for election offenses only upon the start of thecampaign period. This Court has no power to ignore

the clear and express mandate of the law that anyperson who files his certificate of candidacy

within [the filing] period shall only be considered

a candidate at the start of the campaign period for

which he filed his certificate of candidacy.


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0 On 29 March 2007, the law still did not consider

Penera a candidate for purposes other than the

printing of ballots. Acts committed by Penera prior to 30

March 2007, the date when she became a candidate, evenif constituting election campaigning or partisan politicalactivities, are not punishable under Section 80 of theOmnibus Election Code. Such acts are within the realm of acitizens protected freedom of expression. Acts committed

by Penera within the campaign period are not covered bySection 80 as Section 80 punishes only acts outside thecampaign period.


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0 Neither can this Court turn a blind eye to the expressand clear language of the law that any unlawful actor omission applicable to a candidate shall take

effect only upon the start of the campaign period.0 The plain meaning of this provision is that the

effective date when partisan political acts becomeunlawful as to a candidate is when the campaignperiod starts. Before the start of the campaign

period, the same partisan political acts are lawful.0 It is a basic principle of law that any act is lawful

unless expressly declared unlawful by law.


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0 The assailed Decision, however, in reversing Lanotdoesnot claim that this second sentence or any portion ofSection 15 of RA 8436, as amended by RA 9369, is

unconstitutional. In fact, the Decision considers the entireSection 15 good law. Thus, the Decision is self-contradictory reversing Lanotbut maintaining theconstitutionality of the second sentence, which embodiestheLanotdoctrine. In so doing, the Decision

is irreconcilably in conflict with the clear intent and letterof the second sentence, third paragraph, Section 15 of RA8436, as amended by RA 9369.


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PROHIBITED FORMS OFELECTION PROPAGANDA

(a) To print, publish, post or distribute any poster, pamphlet,circular, handbill, or printed matter urging voters to vote for oragainst any candidate unless they bear the names and addresses ofthe printer and payor as required in Section 84 hereof;

(b) To erect, put up, make use of, attach, float or display anybillboard, tinplate-poster, balloons and the like, of whatever size,shape, form or kind, advertising for or against any candidate orpolitical party;(c) To purchase, manufacture, request, distribute or acceptelectoral propaganda gadgets, such as pens, lighters, fans ofwhatever nature, flashlights, athletic goods or materials, wallets,shirts, hats, bandanas, matches, cigarettes and the like, except thatcampaign supporters accompanying a candidate shall be allowed towear hats and/or shirts or T-shirts advertising a candidate;


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(d) To show or display publicly any advertisement or propagandafor or against any candidate by means of cinematography, audio-visual units or other screen projections except telecasts which maybe allowed as hereinafter provided; and

(e) For any radio broadcasting or television station to sell or givefree of charge air time for campaign and other political purposesexcept as authorized in this Code under the rules and regulationspromulgated by the Commission pursuant thereto.

Any prohibited election propaganda gadget or advertisement shall

be stopped, confiscated or torn down by the representative of theCommission upon specific authority of the Commission.(Section 85, BP 881 Omnibus Election Code of the Philippines)

Prohibited Forms of Election


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Propaganda:Sec 7, COMELEC RESOLUTION 9615

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 orany published or printed political matter and to air or broadcast any electionpropaganda or political advertisement by television or radio or on the internetfor or against a candidate or group of candidates to any public office, unlessthey bear and be identified by the reasonably legible, or audiblewords political advertisement paid for, followed by the true and correctname and address of the candidate or party for whose benefit the electionpropaganda was printed or aired. It shall likewise be unlawful to publish,print or distribute said campaign materials unless they bear, and are identifiedby, 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 donatedor given free of charge by any person or publishing firm or broadcast entity toa candidate or party without the written acceptance by the said candidate orparty and unless they bear and be identified by the words "printed free ofcharge, or airtime for this broadcast was provided free of charge by,respectively, followed by the true and correct name and address of the saidpublishing firm or broadcast entity;

c. To show, display or exhibit publicly in a theater, television station, or anybl f h d


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public forum any movie, cinematography or documentary portrayingthe life or biography of a candidate, or in which a character is portrayedby an actor or media personality who is himself a candidate;

d. For any newspaper or publication, radio, television or cable televisionstation, or other mass media, or any person making use of the massmedia to sell or to give free of charge print space or air time forcampaign or election propaganda purposes to any candidate or party inexcess 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 anysponsor to manifestly favor or oppose any candidate or party by undulyor repeatedly referring to, or unnecessarily mentioning his name, orincluding therein said candidate or party; and

f. To post, display or exhibit any election campaign or propaganda materialoutside of authorized common poster areas, in public places, or inprivate properties without the consent of the owner thereof.

g Public places referred to in the previous subsection (f) include any of the following:0 Electronic announcement boards, such as LED display boards located along highways and streets,
http://www.comelec.gov.ph/?r=Elections/2013natloc/res/res9615http://www.comelec.gov.ph/?r=Elections/2013natloc/res/res9615


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p y g g yLCD TV displays posted on walls of public buildings, and other similar devices which are ownedby local government units, government-owned and controlled corporations, or any agency orinstrumentality of the Government;

0 Motor vehicles used as patrol cars, ambulances, and other similar purposes that are owned bylocal government units, government-owned and controlled corporations, and other agencies andinstrumentalities of the Government, particularly those bearing red license plates;

0 Waiting sheds, sidewalks, street and lamp posts, electric posts and wires, traffic signages andother signboards erected on public property, pedestrian overpasses and underpasses, flyoversand underpasses, bridges, main thoroughfares, center islands of roads and highways;

0 Schools, shrines, barangay halls, health centers, public structures and buildings or any edificethereof;

0 Public utility vehicles such as buses, jeepneys, trains, taxi cabs, ferries, pedicabs and tricycles,whether motorized or not;

0 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 thepublic utility franchise and will make the owner and/or operator of the transportation serviceand/or terminal liable for an election offense under Section 9 ofRepublic Act No. 9006 asimplemented by Section 18 (n) of these Rules.

The printing press, printer, or publisher who prints, reproduces or publishes said campaignmaterials, and the broadcaster, station manager, owner of the radio or television station, orowner or administrator of any website who airs or shows the political advertisements, withoutthe required data or in violation of these rules shall be criminally liable with the candidate and, ifapplicable, further suffer the penalties of suspension or revocation of franchise or permit inaccordance with law.
http://www.comelec.gov.ph/?r=Elections/2013natloc/res/res9615http://www.comelec.gov.ph/?r=laws/RepublicActs/RA9006http://www.comelec.gov.ph/?r=laws/RepublicActs/RA9006http://www.comelec.gov.ph/?r=Elections/2013natloc/res/res9615http://www.comelec.gov.ph/?r=laws/RepublicActs/RA9006http://www.comelec.gov.ph/?r=laws/RepublicActs/RA9006http://www.comelec.gov.ph/?r=Elections/2013natloc/res/res9615http://www.comelec.gov.ph/?r=Elections/2013natloc/res/res9615http://www.comelec.gov.ph/?r=laws/RepublicActs/RA9006http://www.comelec.gov.ph/?r=laws/RepublicActs/RA9006http://www.comelec.gov.ph/?r=Elections/2013natloc/res/res9615

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