Election Rules Regulations
Election Rules Regulations
Election Rules Regulations
Forming
organizations,
associations,
clubs,
committees or other groups of persons for the purpose
of campaigning for or against a candidate;
ii.
iii.
iv.
v.
b.
c.
"Political
Advertisement"
refers
to
any
matter
broadcasted, published, printed, or exhibited, which draws the
attention of the public or a segment thereof to promote or
oppose, directly or indirectly, the election of a particular
candidate or candidates to a public office. In the broadcast
media, political advertisements may take the form of spots,
guesting in TV shows and radio programs, live or taped
e.
f.
SECTION 2.
Prohibited Campaign. It is unlawful for any
person, or for any political party or association of persons to engage in an
election campaign or partisan political activity, outside of the campaign periods.
Any election campaign or partisan political activity is prohibited on
Holy Thursday, Good Friday, day before election day and on election day.
SECTION 3.
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 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.
SECTION 4.
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 meetings, rallies or
other similar activities during the campaign period.
SECTION 5.
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) 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 6.
Action on Application.
a.
b.
c.
d.
e.
SECTION 10.
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 the immediately preceding section
and not prohibited by law may file with the COMELEC 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 COMELEC 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 notice of hearing, in two (2) newspapers of general circulation,
notifying the COMELEC of such action.
If the COMELEC authorizes the use of the requested election
propaganda, the authorization shall be published in two (2) newspapers of
general circulation within one week after the authorization has been granted.
SECTION 11.
Authorized Expenses of Candidates and Political
Parties. The aggregate amount that a candidate or registered political party may
spend for election campaign shall be as follows:
a)
b)
c)
Party/organization and coalition participating in the partylist system Five pesos (P5.00) for every voter.
d)
SECTION 12.
Posting of Campaign Materials. Candidates
and party-list groups may post any lawful campaign materials in:
a)
b)
SECTION 13.
Common Poster Areas. Candidates of political
parties, party-list groups and independent candidates, upon authority by the
Election Officer, may erect, at their expense, common poster areas subject to the
following limitations:
a. Total number of common poster areas for each political party, partylist group and independent candidate shall not exceed ten (10) in each city or
municipality by councilor district;
b.
Location of common poster areas shall be in public places such as
plazas, markets, barangay centers and the like;
c.
Size of each common poster area shall not exceed the
following dimensions:
1.
2.
g.
Political parties, party-list groups and independent candidates shall
file their applications to erect common poster areas with the Office of the
Election Officer, within five (5) days from effectivity of this Resolution.
In all cases, the parties shall agree among themselves how their individual
posters in the common poster area shall be placed. In case no agreement is
reached the Election Officer shall determine said placement by drawing of lots.
The Election Officer shall act on the applications within three (3) days
from receipt thereof. For this purpose, the Election Officer shall determine
whether the proposed sites where the common poster areas will be erected 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, party-list groups and independent candidates.
Any political party, party-list group 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 the Election Officer to the Provincial Election
Supervisor, or in the case of the National Capital Region to its Regional
Election Director, who shall decide the matter within two (2) days from receipt
of the appeal, furnishing copies of said decision to the parties concerned and to
the Law Department of the COMELEC. The decision shall be final and
executory.
Within seven (7) days after the elections, the candidates and party-list
groups which applied for the putting up of a common poster area shall tear down
the same at their own expense and restore the site into its original condition.
SECTION 14.
Requirements for Published or Printed and
Broadcast Election Propaganda.
a.
b.
c.
d.
SECTION 15.
Rates of Political Propaganda. During the
election period, media outlet 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 16.
Persons Authorized to Incur Election Expenditures.
No person, except the candidate, the treasurer of a political party, or any
person authorized by said candidate or political party, shall make an expenditure
in support of or in opposition to any candidate or political party.
The authority of any person to incur election expenditure for or on
behalf of any candidate or political party shall be in writing, signed by the
candidate or treasurer of the political party, and shall state the full name and
exact address of said representative and the expenditures so authorized. A copy
of such authority shall be attached to the statement of contributions or
expenditures.
SECTION 17.
Equal Access to Media Time and Space. All
candidates shall have equal access to media time and space subject to the
following guidelines:
a)
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.
b) 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 for the entire duration of the campaign period whether by
purchase or donation.
c)
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.
d)
If 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.
For this purpose, each broadcast station or entity shall submit to the
Education and Information Department and the Executive Director of the
COMELEC a certified true copy of its broadcast logs and certificates of
performance for the review and verification of the frequency, date, time and
duration of advertisement broadcasts for any candidate or political party. It shall
preserve the broadcast logs for a period of three (3) years from the date of
broadcast, for production before the COMELEC whenever required.
II.
ii.
iii.
iv.
ii.
iii.
iv.
e) All mass media entities shall furnish the Education and Information
Department, the Executive Director and the Law Department of the COMELEC
with a copy of all contracts for advertising, promoting or opposing a 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.
f)
No franchise or permit to operate a radio or television station shall
be granted or issued, suspended or cancelled during the election period.
g)
No radio, cable television or television station shall allow the
scheduling of any program or permit any sponsor to manifest 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 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.
h)
All members of media, television, radio or print, 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.
i) In case the monitoring by the Education and Information Department
shows that there are violations of the provisions prescribed in this section, a
report thereon shall be submitted to the Law Department together with the
corresponding copies of the contracts for advertising, broadcast logs and
certificates of performance, for the filing of the appropriate charges against such
violators.
SECTION 18.
Comelec Space and Time. The Comelec shall,
subject to availability of funds, procure print space and air time, for the following
purposes:
A.
Print space
The Comelec shall, upon payment of just compensation, procure print
space 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 to all candidates for
national office on three different calendar days:
1.
2.
3.
For purposes of the May 14, 2001 elections, the first day when candidates
may announce their candidacies shall be on the third week of the campaign
period.
Air time
The Comelec shall 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, subject to the
following limitations:
Airtime shall be allocated free of charge equally and impartially through
raffle by the Executive Director, to all candidates for national office on three
different calendar days:
1.
2.
3.
For the purposes of the May 14, 2001 elections, the first day when
candidates may announce their candidacies shall be on the third week of the
campaign period.
Each advertisement shall be in the form of a maximum of thirty (30)
seconds spot.
Costs of production of political advertisements shall be at the expense of
the candidate or political party.
B.
Print space
The Comelec shall, 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
a.
b.
c.
the authorized common poster areas of political parties, partylist groups and independent candidates or in private places
without the consent of the owner.
d.
SECTION 22.
Removal, Confiscation or Destruction of
Prohibited Election Propaganda Materials. Any prohibited form of
election propaganda materials shall be summarily confiscated, removed,
destroyed or torn down by any representative of the COMELEC, at the expense
of the candidate, political party, sectoral party, organization or coalition, or
person responsible for the prohibited election propaganda.
Any person, political party, sectoral party, organization or
coalition, association, agency, office, bureau or department of the government
may file with the COMELEC, 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 COMELEC, after summary hearing, shall resolve the petition
within six (6) hours 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 COMELEC may decide the petition ex parte.
The COMELEC, motu proprio, may immediately order the
removal, destruction and/or confiscation of any prohibited propaganda materials
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 23.
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 publicly 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.
SECTION 24.
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 with the following
information:
a)
b)
c)
d)
e)
f)
g)
h)
SECTION 25.
Exit Polls. Exit polls may only be taken subject
to the following requirements:
a)
b)
c)
d)
SECTION 26.
Effect of Filing Certificate of Candidacy by
Elective Officials. Any elective official, whether national or local, who
has filed a certificate of candidacy for the same or any other office shall not be
considered resigned from his office.
SECTION 27.
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 is of the same
family name, this provision shall not apply.
SECTION 28.
Deputation. (a) The Commission hereby deputizes
the Kapisanan ng mga Broadkasters ng Pilipinas (KBP), Philippine Internet
Service Operators (PISO), Philippine Association of Private Telephone
Companies (PAPTELCO), and the Telecommunication Operators of the
The
Education
and
Information Department shall cause the publication of this resolution in two (2)
newspapers of general circulation, and furnish copies thereof at all field offices of
the COMELEC, and to the presidents or secretaries of all registered political
parties, organizations or coalition.
(SGD.) ALFREDO L. BENIPAYO
Chairman
(SGD.) LUZVIMINDA G. TANCANGCO
Commissioner
(SGD.) RALPH C. LANTION
Commissioner
(SGD.) RESURRECCION Z. BORRA
Commissioner