Fair Election Practices

Republic of the Philippines

RECEIVED

COMMISSION ON ELECTIONS

ManilaRULES AND REGULATIONS

IMPLEMENTING

R~PUBLIC

CT

NO. 9006, OTHERWISE KNOWNAS THE "FAIR ELECTIONPRACTICES ACT",

iIN

RELATIONTO THE

MAY:

10, 2010SYNCHRONIZED

I

NATIONAL

AND

LOCAL

ELE~TIONS,

AND

SUBSEQUENT ELFCTIONS.

MELO,

Jose

A.

R., Chairman

f

SARMIENTO, Rene

V.,

1.

Commissi-say-FERRER,

Nicodemo

T.,

Commissie

TAGLE, Lucenito N., CommissionVELASCO, Ai.inando C., ~ornmissiosYUSOPH, Elias R., CommissionLARRAZABAL, Gregorio

Y.,

Commission

f

*

X..

.

. .

.

.x

.Psb~m~y

,2070

Promulgated.

5-

RESOLUTION NO.

BT58

WHEREfiS, Republic Act No. 9006 provides for the holding of free,orderly, honegt, peaceful and credible elections through fair electionpractices;

I

WHEREeS, said Act allows the publication or broadcast, throughmass media, df political advertisements or propaganda for

or

against anycandidate or pr'olitical party;WHEREFS, Section 6.4 of said

Act

directs the Commission onElections to supervise the use and employment of press, radio andtelevision facilities insofar

as

the placement of political advertisements isconcerned so,

as

to give candidates equal opportunities under equalcircumstance4 to malte ltnomrn their qualifications and stand on publicissues;WHERE~S,ection

13

of the same Act requires the Commission topromulgate tee necessary rules and regulations for tKe implementationthereof;

I

NOW, ~HEREFORE, he Commission,

by

virtue of the powersvested in it by the Constitution, the Omnibus Election Code, RepublicAct Nos. 66461,

7166,

9006 and other related laws has RESOLVED, as ithereby RESOGVES,to promulgate the following rules and regulationsimplementing /the Fair Election Practices Act.

!

SECTIO~

.

Defnitions

-

As

used in this Resolution:1. The lterm "election campaign" or "partisan political activity"refers to any4ct designed to promote the election or defeat of

a

particularcandidate or qandidates to

a

public office which shall include any of the

1

following:

,

a. .Forming organizations, associations, clubs, committees or othergroups of persbns for the purpose of soliciting votes and/or undertakingany campaign for or against

a

candidate;b. Holdling political caucuses, conferences, meetings, rallies,parades or other similar assemblies for the purpose of soliciting votesand/or undertaking any campaign or propaganda,for or against

a

candidate;c. Making speeches, announcements or commentaries, or holdinginterviews for or against the election of any candidate for public office;d. Publishing or distributing campaign literature or materialsdesigned to support or oppose the election of any candidate; ore. Directly or indirectly soliciting votes, pledges or support for oragainst any candidate.

2.

The tgrm "candidate" refers to any person aspiring for or seekingan elective public office who has filed his certificate of candidacy and whohas not died Qr withdrawfi or otherwise disqualified :before the start ofthe campaign: period for which he filed his certificate of candidacy.Provided, That, unlawful acts or omissions applicable to

a

candidateshall 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 toparticipate uqder the party-list system which has not withdrawn orwhich has not'been disqualified before the start of the campaign period.

3.

The, term "political advertisement" refers to any matterbroadcast, published, printed, or exhibited which is intended to draw theattention of the public or a segment thereof to promote or oppose,directly or indirectly, the election of a particular candidate or candidatesto

a

public office. In the broadcast media, political advertisements maytake the form

pf

spots, guestings in

TV

shows and radio programs, live ortaped announcements, teasers, and other forms of advertising messagesor announcements used by commercial advertisers.4.The term "media practitioner" refers to

a

person who is notemployed by

2

media entity but performs similar functions or has controlover what is printed or broadcast such

as

a talent or a block timer.

5.

The term "election survey" refers to the measurement ofopinions and, perceptions of the voters as regards

a

candidate'spopularity, qyalifications, platforms or matters of public discussion inrelation to the election, including voters' preference for candidates orpublicly discubsed issues during the campaign period.

6.

The term "exit polls" refers to

a

species of election surveyconducted by

a

qualified individual or a group of individuals for thepurpose of determining the probable result of an election

by

confidentially asking randomly selected voters for the names ofcandidates thyy have voted for, immediately after they have officially casttheir ballots.

,

SEC.

2..

Campaign

Periods.

-

For purposes of ,:the May 10, 2010elections, the campaign periods shall be:a. Febrdary

9

to May

8,

2010 for the election of President,Vice Presidenti, Senators and Party-List Representatives; andb. March

26

to

May

8,

2010 for the election of members ofthe House

OF

Representatives and elective provincial, city andmunicipal officials.For subsequent elections, the campaign period shall be thatprescribed by ihe Commission.SEC. 3.

Prohibited Campaigning.

-

It is unlawful for any person,whether or not

a

voter or a candidate, or for any political party, orassociation of persons to engage in an election campaign or partisanpolitical activiv on Maundy Thursday, Good Friday, eve of Election Day,and on Electio'n Day.For purposes of the May 10, 2010 elections, campaigning

is

prohibited on IApril 01,20 10 (Maundy Thursday), April 02, 2010 (GoodFriday), May

09,

20 10 (eve of election day), and May 10, 2010 (electionday).SEC.

4.

,Intervention of Foreigners.

-

t

is unlawful for any foreigner,whether juridical or natural person, to aid any candidate, or politicalparty, organizbtion or coalition, directly or indirectly, or to talce part in,or influence in any manner, any election, or to contribute or malte anyexpenditure in connection with any election campaign or partisanpolitical activity.SEC.

5:Authorized Expenses of Candidates and Political Parties.

-

The aggregate.amount that

a

candidate or registered political party mayspend for election campaign shall be as follows:a. For candidates for President and Vice-President

-

Ten pesos(P1O.OO) for every voter;b. For other candidates without any political party and withoutsupport from any political party

-

Five pesos(P5.00) for every votercurrently registered in the constituency where he filed his certificate ofcandidacy.For othqr candidates with political party and with support fromany political ;party

-

Three pesos (P3.00) for every voter currentlyregistered in the constituency where he filed his certificate of candidacy.c. For Political Parties/ Organizations/ Coalitions

-

Five pesos(P5.00) for every voter currently registered in the constituency orconstituencieS where they have official candidates.

SEC.

6.

Persons Authorized to Incz~rElection Expenditures.

-

Noperson, except the candidate, the treasurer of

a

political party, party-listgroup, organization, and/or coalition thereof, or any person authorizedby said candidate or treasurer, shall make any expenditure in support of

I