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COMELEC Res. No. 9631 - Re: Letters of GMA Network and KBP Seeking Reconsideration and Clarification of Certain Provisions in Resolution No. 9615 and Some Minor Corrections of Typographical Errors Therein

COMELEC Res. No. 9631 - Re: Letters of GMA Network and KBP Seeking Reconsideration and Clarification of Certain Provisions in Resolution No. 9615 and Some Minor Corrections of Typographical Errors Therein

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To clarify and amend/revise the foregoing sections of Resolution No. 9615.
To clarify and amend/revise the foregoing sections of Resolution No. 9615.

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Published by: Jess Villarin Quijano on Feb 11, 2013
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02/11/2013

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Republic of the Philipp$nes
COMMISSION ON ELE
Intramuros, Mani
IN THE MATTER OF
E.M.
NOS.13-001
&
13-002 RE: LETTERS OFGMA NETWORK AND
KBP
SEEKING RECONSIDERATIONAND CLARIFICATION OFCERTAIN PROVISIONS INRESOLUTION NO. 9615, ANDSOME MINOR CORRECTIONSOF TYPOGRAPHICAL ERRORSTHEREIN.
*
BRILLANTES, Sixto S.
Jr.,
ChairmanSARA4IENT0, Rene
V.,
TAGLE, Luceniro N., CommissioVELASCO, Armondo C., CommissioYUSOPH, Elios
R.,
~ommissionew
LIM,
Christian RobertPADACA,
Afo.
Grocio
Promulgated:
February
I,
2013&c
During the public hearing set on 31 Jal~uary2013 on theaforementioned letters of
GMA
Network and the Kapisanai~ g mgaBrodkaster ng Pilipinas
("KBP")
which were docketed as ElectionMatters Nos. 13-001 and 13-002 by this Commission in
Minzite
Resolzrtion
No.
13-0126
dated
24
Jn1zunl-y
2023, the Comlnission
En Bnnc
RESOLVES,
as it hereby
RESOLVED,
to
CLARIFY
and
AMENDDEVISE
the foregoing sections of Resolution No. 9615:
1.
Section
7
(d)
OII
"Prohibited
Fomzs
of
Election
Propaganda" is hereby revised and amended to read:"(d) For any newspaper or publication, radio, television orcable television station, or other mass media, or anyperson making use
of
the mass media to sell or give freeof charge print space or airtime for campaign or electionpropaganda purposes to any candidate or party in excessof the size, duration or frequency authorized
by
law orthese rules.
A
newspaper or publication, radio,television or cable television station, or other massmedia, or any person &ay require any buyer to warrantunder oath that such purchase is not in excess of thesize, duration or frequency authorized by law or theserules;
 
963
Resolutio~~
o.
In
Re:
E.M.
Nos.
13-001
&
13-002
2:Typographical errors in the second to the last paragraphof Section 7 are corrected to read:
"The
violation of
items
5
and
6
under subsection (g) shall be acause for the revocation of the public utility franchise and will makethe owner and/or operator of t11y transportation service and/orterminal liable for an election offense under Section
9
of Republic ActNo. 9006 as implemented by Section
18
(n)
of these Rules."
3.
"Color motif" is hereby deleted from Sections
1
(4)
and 9
I&
4.
A typographical error ill the upper right cell of the tablein Section 9 (a) is corrected to rea'd:
,
"Not more than an aggregate total of one hundred
twenty
(120)n~inutesof television advertising, whether appearing on national,regional, or local, free or cable television, and one hundred eighty
(180)
minutes of radio advertisii~g, whether airing on national,regional, or local radio, whether by purchase or donation."
5.
Section
9
(c) on "Online Election Propaganda",specifically the widt11;i'pixels figure for "Pop-Under" is corrected toshow a figure of
"720"
instead of "7.20".
,
6.
.
The third
(3rd)
'
paragraph of Section
9
(a)
011
the'fReqz~i~enze~ztsrzd/olr Li~~zifntio~zsr1
'
tlze
LTse
of Election
Propaganda thvoz,ighMass:Medirzn
s re.vised and amended to
read:
"Appearance or guesting by a candidate on any bona fidenewscast, bona fide 'news interview, bona fide newsdoculnentary, if the appearance of the candidate is incidental tothe presentation of the subject or subjects covered by the newsdoculnentary, or on-the-spot coverage of bona fid4 'newsevents, including but not limited to events sa1,ctioned';l;y':theCoinmission
011
Elections, political conventions, and similaractivities, shall not be deemed to be broadcast electionpropaganda within the meaning of this provision.
For
purposes of ~nonitoring
by
theCOMELECand ensuring that.parties and candidates were, afforded equal opportunities
to
promote their candidacy, the media entity shall give priornotice to the
COMELEC,
through the appropriate Regional
!
Election Director (RED), or in
the
case of the National Capital
4/16
 
963
I
Resolution
No.
Page
3
of
5
111
Re:
E.M.
Nos.
13-001
&
13-002
notice to the COMELEC, through the appropriate
-
RegionalElection Director (RED), or in the case of the National CapitalRegion
(NCR),
the Education and Information Department
IEID).
If such prior notice is not feasible or ~ractic>ble. henotice shall be sent within twentv-four (24) hours from thefirst broadcast or publicatibn.
Nothing in the foregoingsentence shall be construed as relieving broadcasters, incon~~ectionwit11 the preseritation of newscasts, newsinterviews, news documentaries, and on-the-spot coverage ofnews events, from t11e obligation imposed upon them underSections
10
and
14
of these Rules.",
7.
Section
14
on the
"Riglzt
to
Reply"
is revised and
further
clarified as follows:"SECTION
14.
Right
to
Reply.
-
All
registered
politicalparties, party-list groups or coalitions and
bona
fide
candidatesshall have the right to reply to charges published or airedagainst them. The reply shall be give11 publicity by thenewspaper, television, and/or radio station which first printedor aired the charges wit11 the same prominence or in the same
y
age or section or in the same time slot as the first statement.
Registered
-
olitical parties,
-
artv-list groups
-
orcoalitions and
bo~za
i~le
andidates may invoke the right toreply by submitting
within a non-extendible period of fortv-eight (48) hoursfrorn first broadcast or publication,
a formalverified claim against. the media outlet to the COMELEC,through the appropriate RED. The claim shall include adetailed enumeration .of the circumstances
and
occurrenceswhich warrant the invocation of the right of reply
and must beaccompanied by supporting
-
evidence, such as a copv of thepublication or recording of the television or radio broadcast,as the case may be. If the suppofting evidence is not yetavailable due to circ~zmstances beyond the power of the
.
claimant, the latter sllall supplement his claim as soon as thesupporting evidence becomes available, without delav on thepart of the claimant. The claimant must likewise furnish
a
copv of the verified claim and its attachments to the mediaoutlet concerned prior to the filing of the claim with the.COMELEC.
.
.
The COMELEC,
through the
RED,
shall review theverified claim within
.
forty-eight (48) hours from receipt
..\$

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