ARTICLE X 2

CAMPAIGN AND ELECTION PROPAGANDA

nomination for candidacy to a public office by a politi-
shall not
cal party, aggroupment, or coalition of parties
n election
be considered as election campaign or partisa
~ARTICLEX activity.
discussions
CAMPAIGN AND ELECTION PROPAGANDA
Public expressions or opinions or
ing election or on
of probable issues in a forthcom
probable candidates
attributes of or criticisms against
in a forthcoming poi
proposed to be nominated :
Sec. 79. Definitions not be construed as oe
party convention shall political activity
As used In this Code: election campaign or partisan
any
Article.
(a) The term “candidate” refers to any person contemplated under this
aspiring for or seeking an elective public office, who has
m harassment
filed a certificate of candidacy by himself or through an Sec, 79.1. — Freedom fro
accredited political party, aggroupment, or coalition of bona fide c andidates for any pub
lic
“The State shall ensure that rimination.”
parties; form of harassme nt and disc
office shall be free from any
(b) The term “election campaign” or “partisan R.A, No. 9006, § 2, par. 2.
political activity” refers to an act designed to promote
the election or defeat of a particular candidate or candl- “partisan politica l activity” meaning
Sec. 79,2, — “Electioneering,”
dates to a public office which shall include:
tion for kitelist at cannot, without
The act of submitting a nomina vity within
(1) Forming organizations, associations, or partisan politica’
re, be considered electioneering =. ee
clubs, committees or other groups of persons for . There must be allegations
the purpose of soliciting votes and/or undertaking the context of the Election Code (5) acts e y 4;
any campaign for or against a candidate; on committed any of the five
that’ the’ pers 678, Ap y
v. Comelec, GR. No. 178
79(b) of the Code, Seferes
(2) Holding political caucuses, conferenc-
es, meetings, rallies, parades, or other similar as- 2009.
ivity outside
semblies, for the purpose of soliciting votes and/ or pa rtisan political act
Sec. 80. Election campaign ,
or undertaking any campalgn or propaganda for or
campaign perlod
against a candidate;
person, whether or no!
It shall be unlawful for any =
(3) Making speeches, any party, or anor
announcements or ‘a voter or candidate, or for ne
commentaries or holding interviews for or against election campaign or pa
persons, to engage in an pe ioe.
the election of any candidate for public office; ng the carpal
political activity except duri
les may hold politica a
(4) Publishing or distributing campaign lit- Provided, That political part :
inate thelr official po
erature or materials desig ned to suppo rt or o ventions or meetings to nom
before the Canc bagi
the election of any candidate; or =
ns! ‘dates within thirty days ee
the campaign period and forty-five days for
(5) Directly or Indirectt y (Sec. 356, 1978 EC)
pledges or support for or against
sollciting votes, «and Vice-Presidential election.
a candidate,
The foregoing enumerat ed acts if performed for Sec. 80.1. — Constitutional provision
the purpose of enhancing the mission in special cases, the
chances of aspirants for “Unless otherwise fixed by the Com
days before the day of election
election period shall commence ninety
t., Art. IX-C; § 9.
and shall.end thirty days thereafter.” Cons
220
 SY
ARTICLE X 223
22 ELECTION LAWS CAMPAIGN AND ELECTION PROPAGANDA
speech, which Congress cannot outlaw except on very narrow grounds
Sec. 80.2. — Related statutes
s. — No involving clear, present and imminent danger to the State. The mere fact
i ‘nation and Selection of Official Candidate that the law does not declare an act unlawful ipso facto means that the
1 n s ection offt the
ting fort he nomination or sel
iti Spee pe or political act is lawful. Thus, there is no need for Congress to declare in Section
ma rae shespolitical party or organization 15 of R.A. No. 8436, as amended by R.A. No. 9369, that political
earlier than the following
groups or coalition thereof shall be held partisan activities before the start of the campaign period are lawful.
periods: It is sufficient for Congress to state that “any unlawful act or omission
red
(a) For President, Vice-President and Senators, one hund applicable to a candidate shall take effect only upon the start of the
sixty-five (165) days before the day of the elections; and campaign period.” The only inescapable and logical result is that the
(b) For Members of the House of Representatives and elective same acts, if done before the start of the campaign period, are lawful.
provincial city or municipal officials seventy-five (75) days before the In layman’s language, this means that a candidate is liable for an
day of the election.” R.A. No. 7166, § 6. election offense only for acts done during the campaign period, not
before. The law is clear as daylight — any election offense that may be
Sec, 80.3, — Validity of restrictions
committed by a candidate under any election law cannot be committed
R.A. No. 4880 prohibiting the too early nomination of candidates before the start of the campaign period. In ruling that Penera is liable
and limiting the period of election campaign or partisan political activity for premature campaigning for partisan political acts before the start of
does not offend against the rights of free speech, free press, freedom of the campaigning, the assailed Decision ignores the clear and express
assembly and freedom of association, but is a valid a exercise of police
provision of the law.
power. The Act provides that: “It shall be unlawful for any politica]
party, political committee, or political group to nominate candidates for The Decision rationalizes that a candidate who commits premature
of the
any elective public office voted for at large earlier than one hundred campaigning can be disqualified or prosecuted only after the start
says 15
and fifty days immediately preceding an election, and for any other campaign period. This is not what the law says. What the law
elective public office earlier than ninety days immediately preceding an “any unlawful act or omission applicable to a candidate shall take effect
election.” Gonzales v. Comelec, 27 SCRA 835 (1969). only upon the start of the campaign period.” The plain meaning of this
provision is that the effective date when partisan political acts become
Sec. 80.4. — Premature election campaigning; when punishable ; unlawful as to a candidate is when the campaign period starts. Before
acts are
Section 79(a) of the Omnibus Election Code defines a the start of the campaign period, the same partisan political
“candid ate”
as “any person. aspiring for or seeking an elective public office,
lawful.
who
has filed a certificate of candidacy x x x.” The second by
sentence , third The law does not state, that partisan political acts done
paragraph, Section 15 of R.A. No. 8436, as amended period are unlawful, but may be
by Section 13 a candidate before the campaign
a R.A. No. 9369, provides that “[a]ny person does
a canes within [the period for filing] shall who files his certificate prosecuted only upon the start of the campaign period. Neither
before the
a
only be considered as the law state that partisan political acts done by a candidate
a ~ start of the campaign period for which he filed his campaign period are temporarily lawful, but becomes unlawful upon
ite of candidacy.” The NRC pamaieoee ge of
Gaunie
proviso in the the start of the campaign period. This is clearly not the langua
s
canbe = a take effect only
aw | acts or omissions applicable the law. Besides, such a law which defines a criminal act and curtail
upon’ the’ start’ of the aforesaid freedom of expression and speech, would be void for vagueness.
Congress has laid down the law — a.candidate is liable for election
deste ‘tis unbirtt
a basic
Byprinci ad “cr
that any act is lawful unless expressly offenses only upon the start of the campaign period. This Court has no
+ MUS IS especially ‘true to! expression power to ignore the clear and express:mandate of the law that “any
‘or
 |
224 ELECTION LAWS ARTICLE X
CAMPAIGN AND ELECTION
PROPAGANDA
=
Commission's autho
person who files his certificate of candidacy within [the filing) Period rization shall be Published
newspapers of general circulation throughout the in
shall only be considered a candidate at the start of the campaign period vais
for at least twice within one week after
for which he filed his certificate of candidacy.” Neither can this Court the authorization
has been granted. (Sec. 37, 1978 EC)
tum a blind eye to the express and clear language of the law that “any
unlawful act or omission applicable to a candidate shall take effect only
Sec. 82.1. — Fair Election Practices Act
upon the start of the campaign period.” Penera v. Comelec, G.R. No,
181613, November 25, 2009. R.A. No. 9006, An Act to Enhance the Holding of Free, Orderly,
Honest, Peaceful and Credible Elections Through Fair Election
Sec. 81. Intervention of foreigners Practices, was approved on February 12, 2001. It provides:
It shall be unlawful for any foreigner, whether “Sec. 3. Lawful Election Propaganda. — Election propaganda
juridical or natural person, to aid any candidate or whether on television, cable television, radio, newspaper or
political party, directly or indirectly, to aid any candidate any other medium is hereby allowed for all registered political
or take part in or influence in any manner any election,
parties, national, regional, sectoral parties, or organization
or to contribute or make any expenditure in connection
with any election campaign or partisan political activity.
participating under the party list elections and for all bona fide
(Sec 36, 1978 EC) candidates seeking national and local elective positions subject to
the limitation on authorized expenses of candidates and political
Sec. 82. Lawful election propaganda parties, observance of truth in advertising and to the supervision
Lawful election propaganda shall include. and regulation by the Commission on Elections (COMELEC).
(a) Pamphlets, leaflets, cards, decals, stickers or For the purpose of this Act, lawful election propaganda shall
other written or printed materials of a size not more than include:
eight and one-half inches in width and fourteen inches
3.1. Pamphlets, leaflets, cards, decals, stickers or other
in length;
written or printed materials the size of which does not exceed
in length;
(b) Handwritten or printed letters urging voters to eight and one-half inches in width and fourteen inches
vote for or against any particular candidate; vote -
3.2. Handwritten or printed letters urging voters to
or candidate for public
(c) Cloth, paper or cardboard posters, whether or against any particular political party
framed or posted, with an area not exceeding two feet
office;
by three feet, except that, at the site and on the occasion
her poe 2
of a public meeting or rally, or in announcing the holding 3.3. Cloth, paper or cardboard posters, whet
feet by - ( ae
of said meeting or rally, streamers not exceeding three posted, with an area not exceeding two (2)
sion of a pub ic z ai
feet by eight feet in size, shall be allowed: Provided, except that, at the site and on the occa meeting © ee
That said streamers may not be displayed except one or rally, or in announcing the holding of said
week before the date of the meeting or rally and that (3) feet by eight (8) gles
streamers not exceeding three A
it shall be removed within seventy-two hours after said s may be ea
wed: Provided, That said streamer
shall be allo
meeting or raily; or meeting or rally an
five (5) days before the date of the ;
said meeting or rally
(d) All other forms of election propaganda removed within twenty- four hours after
a:
not prohibited by this Code as the Commission may paint or broadcast medi
authorize after due notice to all interested parties and 3.4. Paid advertisemen ts in ements
ents shall allow the requir
hearing where all the interested parties were given Provided. That the advertisem
and
an equal opportunity to be heard: Provided, That the set forth in Section 4 of this Act,
CU,
 ARTICLE X
ELECTION LAWS
CAMPAIGN AND ELECTION PROPAGANDA
not prohibited
3.5, All other forms of election propaganda 4,3. Print, broadcast, or outdoor advertisements donated to the
9006, §3.
Code or this Act. R.A. No. candidate or political party shall not be printed, published, broadcast
by the Omnibus Election
or exhibited without the written acceptance by the said candidate
of lawful election
Sec. 83. Removal, destruction or defacement or political p arty. Such written acceptance shall be attached to the
as
propaganda prohibited advertising contract and shall be submitted to the COMELEC
It shall be unlawful for any person during the cam- provided in Subsection 6.3 hereof. R.A. No. 9006, § 4.
paign period to remove, destroy, obliterate, oF in any da
mann er deface or tamper with, or prevent the distribu- Sec. 85. Prohibited forms of election propagan
40, 1978 EC)
tion of lawful election propaganda. (Sec. It shall be unlawful:
Sec. 84. Requirements for published or prin
ted election propa- (a) Toprint, publish, post or distribute any poster,
ganda pamphlets, circular, handbill, or printed matter urging
Any newspaper, newsletter, newsweekly, gazette
voters to vote for or against any candidate unless they
or magazine advertising, posters, pamphlets, circulars, bear the names and addresses of the printer and payor
handbills, bumper stickers, streamers, simple list of as required in Section 84 hereof;
candidates or any published or printed political matter (b) To erect, put up, make use of, attach, float or
for or against a candidate or group of candidates to any display any billboard, tinplate-poster, balloons and the
public office shall bear and be identified by the words like, of whatever size, shape, form or kind, advertising
“paid for by” followed by the true and correct name and for or against any candidate or political party;
address of the payor and by the words “printed by”
followed by the true and correct name and address of
(c) To purchase, manufacture, request, distribute
the printer. (Sec. 38, 1978 EC) or accept electoral propaganda gadgets, such as pens,
lighters, fans of whatever nature, flashlights, athletic
Sec. 84.1. — Fair Election Practices Act goods or materials, wallets, shirts, hats, bandanas,
matches, cigarettes and the like, except the campaign
Sec. 4. Requirements for Published or Printed and. Broadcast supporters accompanying a candidate shall be allowed
Election Propaganda. — to wear hats and/or shirts or T-shirts advertising a
candidate;
4. 1. Any newspaper, newsletter, newsweekly, gazette or magazine
advertising, posters, pamphlets, comic books, circulars, handbills, (d) Toshow or display publicly any advertisement
bumper stickers, streamers, simple list of candidates or any published or propaganda for or against any candidate by means
or printed political matter and any broadcast of election propaganda by of cinematography, audio-visual units or other screen
projections except telecasts which may be allowed as
television or radio for or against a candidate or group of candidates to
hereinafter provided; and
any public office shall bear and be identified by the reasonably
legible (e) For any radio broadcasting or television
or audible words “political advertisement paid for,” followed
true and correct name and address of the candidate
by the station to sell or give free of charge air time for campaign
or party for whose and other political purposes except as authorized in this
benefit the election propaganda was printed or aired;
Code under the rules and regulations promulgated by
4.4.2. If the
the broad
bi cast is given the Commission pursuant thereto.
gi free of charge by th i
television station, it shall be identified Any prohibited election propaganda gadget or
by the words saini
me for thn
broadcast was provided free
of charge by” followed advertisement shall be stopped, confiscated or torn
correct name and address of the ie rt ie
down by the representative of the Commission upon
eee eat
specific authority of the Commission. (Sec. 39, 1978 EC,
modified)
228 ELECTION LAWS ARTICLE X
CAMPAIGN AND ELECTI
ON PROPAGANDA, 229
all candidates for the sam
Sec. 85.1.— Repeal _ e Office or political par tie
the same rates or given s at
free of charge; that such
OEC, § 85 has been declared repealed by R.A. No. 9006, § 14. rates
R.A. No. 6646, § 11 has been declared repealed by R.A. No. 9006,
§ 14. of expenditures by cun
regardi itat ion
ithcated sasssohtha n
and contribution ‘au fae s
Sec. 85.2, — Validity of restrictions in general s by priv ate Persons, entities
institutions are effectively enfo and
rced: and to ens ure that
The prohibition of certain forms of election propaganda is a valid said radio broadcasting and tele
visi on stat ions shall not
exercise of the police power “to prevent the perversion and prostitution unduly allow the sch C eduling of any program or
any-sponsor to manifestly favo permit
of the. electoral apparatus and of the denial of equal protection of the r or Oppose any candidate
laws.” Badoy, Jr. v. Comelec, L-32546, October 16, 1970; Sanidad vy, or political party by undu ly or repe ated ly referring to or
Comelec, 181 SCRA 529 (1990). including said candidate and/o r Politi cal party in such
program respecting, however, in all
instances the right
Sec. 85.3. — Restrictions on newsmen of said stati ons to broad cast accou nts of significant
or newsworthy events and views on matters
The evil sought to be prevented in an election which led to the of public
interest.
ruling in Badoy, Jr.'v. Comelec, L-32546, October 16, 1970 does not
obtain in a plebiscite. In a plebiscite, the electorate is asked to vote for (b) All contracts for advertising in any newspaper,
or against issues, not candidates. Comelec Resolution No. 2167, § 19, magazine, periodical or any form of publication
prohibiting columnists, commentators or announcers from using their promoting or opposing the candidacy of any person
columns to campaign for or against plebiscite issues is a restriction of for public office shall, before its implementation, be
registered by said newspaper, magazine, periodical or
freedom of expression, and is unconstitutional and void. Sanidad v.
publication with the Commission. In every case, it shall
Comelec, 181 SCRA 529 (1990). :
be signed by the candidate concerned or by the duly
authorized representative of the political party.
Sec, 85.4. — Restrictions on decals and stickers
(c) No franchise or permit to operate a radio or
Comelec resolution prohibiting the posting of decals and stickers
television station shall be granted or issued, suspended
in any place, including mobile places whether public or private, except or cancelled during the election period.
in areas designate d by the Comelec, is censorshi p and violates the
freedom of expression and is unconstit utional and void. It is difficult to
Any radio or television station, including that
imagine how the other provision s of the Bill of Rights and the right to
owned or controlled by the Government, shall give free
free elections may be guarantee d if of charge equal time and prominence to an accredited
the freedom to speak and to convince
or persuade is denied and political party or its candidates if it gives free of charge
taken away. The resolutio n is so broad that it air time to an accredited political party or its candidates

™
encompasses even the citizen’s private property which in this case isa for political purposes.
privately-owned vehicle. Adiong v. Comelec, 207 SCRA
71 2 (1992),
In all instances, the Commission shall supervise
Sec. 86. Regulation of election propaganda throu
gh mass media the use and employment of press, radio and television
facilities so as to give candidates equal opportunities
(a) The Commission shall promu lgate rules and under equal circumstances to make known their qualifi-
regulations regarding the sale of air time
for Partisan cations and their stand on public issues within the lim-
political purposes during the campaign
period to insure its set forth in this Code on election spending. (Sec. 41,
that equal time as to duration and qualit
y is available to 1978 EC)
 === #=«
ARTICLE X 2B
CAMPAIGN AND ELECTION PROPAGANDA
ELECTION LAWS
230 respondents and the areas from which they were selected, and the
by the Com-
ted specific questions asked;
ee rf section shall
blication
theilr puae
r ee
au
(d) The margin of error of the survey;
seven ei or lation.
take effect on the ardey ore ne (e) For each question for which the margin of error is
and regulations, greater than that reported under paragraph (d), the margin of error
aa eetrules w
een aman da for oF no
a or propagan
ene or for that question; and
ee be published,
tical party shall
vol
a (New) (f) A mailing address and telephone number, indicating it
Se oe cag the mass media.
s of the Com- as an address or telephone at which the sponsor can be contacted
les and regulation e eecat
Violation
em ent this section ol to obtain a written report regarding the survey in accordance with
ion ered to implable under Section
misscti
;
Subsection 5.3.
ele on offense punish
(New) 5.3. The survey together with raw data gathered to support its
Sec. 86.1. — Comelec’s auth
ority conclusion shall be available for inspection, copying and verification by

mee
e d Comele: c to
sly authorizize the Comelec or by a registered political party or bona fide candidate, or
The Const, Art IX-C, § 4, expres by any COMELEC-accredited citizen's arm. A reasonable fee sufficient
anchises or permits for
regulate the enjoyment or utilization of fr

aOR Se ee
ion of media of communication and informat
ion to ensure equal to cover the costs of inspection, copying and verification may be
operat
l as uniform
opportunity, time, and space, and the right to reply,” as wel charged;
a ilities in
and reasonable rates of charges for the use of such medi fac 5.4. Surveys affecting national candidates shall not be published
connection with public information campaigns among candidates. NPC

a
fifteen (15), days before an election and surveys affecting local
». Comelec, 207 SCRA I (1992).
candidates shall not be published seven (7) days before an election;
Sec. $6.2. — Election surveys
5.5. Exit polls may only be taken subject to the following
“Sec. 5. Election Surveys. — requirements:
5.1. Election surveys refer to the measurement of opinions (a) Pollsters shall not conduct their surveys withm fifty
and perceptions of the voters as regards a candidate’s popularity, (50) meters from the polling place, whether said surveys are taken
qualifications, platforms or a matier of public discussion in relation
to the election, including voters’ preference for candidates or publicly in 2 home, dwelling place and other places;
discussed issues during the campaign period (hereafter referred to (b) Pollsters shall wear distinctive clothing;
“Survey”). . " (c) Pollsters shall inform the voters that they may refuse to
5.2. During the election period, any person, natural answer; and
. = as as well
juridical, candidie ate Or organization
. .
who publishes a survey must as
likewise publish the following information: (d) The result of the exit polls may be announced after
_ » (@) The name of the person the closing of the polls on election day, and must clearly identify
, candidate party or i the total number of respondents, and the places where they were
Hon who commissioned or paid for the surv ey: ae taken. Said announcement shall state that the same is unofficial
(b) The name of the i ’ and does not represent a trend.” R.A. No. 9006,
zation who conducted the eee ae § 5.
eo tage
( c) The period duri
Sec. 86.3. — Publication of surveys
n
ig which the SUI vey W; ‘as conducted,
the methodology used, including the _ The provisions of § 5.4 of R.A. No. 9006 prohibiting the public
number of individual a-
tion of surveys within specified periods is invalid becaus
e (1) it imposes
ee
 ARTICLE X 3
CAMPAIGN AND ELECTION PROPAGANDA
ELECTION LAWS
232 No franchise or permit to operate a radio or television station
d total
eee et
(2) itis a direct an
6.4.
f expression, cancelled during the election
ceca et
; shall be granted or issued, suspended or
a prior res i
ego! period.
suppression n
suppressoion
e e
thS In all instances, the COMELEC shall supervise the use and
ed e by means OT" at , GR. facilities insofar the placement
Sue
e id can bepeacdhievO Weather Station Vv. employment of press, radio and televisio
n
Social ents concerned to ensure that candidates are
of political advertisem is
147571, May 5, 2001. circumstances to make known
given equal opportunities under equal
lic issues within the limits set
acces: s to media
time and space their qualifications and their stand on pub
Sec. 86.4. — Equal and Republic Act No. 7166 on
and Space. — All reg
istered fourth in the Omnibus Election Code
cess to Mediai Time media Election spending.
" e equal. access to
parties and bona aefi candidates shall hav ified on by the or television or cable
llowing guidelines may
be am pl The COMELEC shall ensure that radio
time and space. The fo! allow the scheduling of
5, . television broadcasting entities shall not
COMELEC. estly favor or oppose
eed one-fourth (1/4) any program or permit any sponsor to manif
isements shall not exc repeatedly referring to
6.1, Print advert a week any candidate or political party by unduly or
lf (1/2) page in tabloids thrice in such program
page, in broadsheet and one-ha the campaign or including said candidate and/or political party
ne or other publications, during cast entities
per newspaper, magazi respecting, however, in all instances the right of said broad
s and views on
period; to air accounts of significant news or news worthy event
political party for
6.2. (a) Each bona fide candidate or registered matters of public interest.
more one hundred
a nationally elective office shall be entitled to not 6.5. All members of media, television, radio or print,
shall
t and one hundred
twenty (120) minutes of television advertisemen scrupulously report and interprets the news, taking care not so suppres
s
by purchase or
eighty (180) minutes of radio advertisement whether essential facts nor to distort the truth by omission or improper emphasis.
donation; They shall recognize the duty to air the other said and the duty to correct
(b) Each bona fide candidate or registered political party substantive errors promptly.
for a locally elective office shall be entitled to not more than sixty . 6.6. Any mass media columnist, commentator, amnouncer,
(60) minutes of television advertisement and ninety (90) minutes reporter, on-air correspondent or personality who is a candidate for any
of radio advertisement whether by purchase or donation. elective public office or is a campaign volunteer for or employed or
For this purpose, the COMELEC shall require any broadcast retained in any capacity by any candidate or political party shall be
station or entity to submit to the COMELEC a copy of its broadcast deemed resigned, if so required by their employer, or shall take a leave
logs and certificates of performance for the review and verification of absence from his/her work as such during the campaign period:
of the frequency, date, time, and duration of advertisements Provided, That any media practitioner who is an official of a political
broadcast for any candidate or political party. 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
6.3, All mass media entities shall furnish the COMELEC with party.
@ copy of all contracts for advertising, promoting or opposing any
Political party or the candidacy of any person for public office within 6.7. No movie, cinematograph or documentary portraying the
life or biography of a candidate shall be publicly exhibited on a theater,
five (5) days after its signing. In every case, it shall be signed by the
donor, theo,
ti television station or any public forum during the campaign period.
candidate concemed or r by by th the duly authorized
i representative
i
6.8.. No movie, cinematograph or documentary portrayed by an
actor or movie personality who is himself a candidate shall likewise be
 yi
ARTICLE X 35
CAMPAIGN AND ELECTION PROPAGANDA
ELECTION LAWS
24 gec. 87. Rallies, meetings and other political activities
mpaign
rum during the ca ordinance on
r or any public fo Subject to the requirements of local
publicly exhibited in a theate the issuance of permits, any political
party supporting
period.” R.A. No. 9006, § 6. official candidates or any candidat
e individually or
ful political
jointly with other aspirants may hold peace
reply ar activities during
Sec. 86.5. — Right to s and bona fide rallies, meetings, and other simil
ed partiepublished That all applications
“Sec, 10. Right to R eply. — All register against the campaign period: Provided,
rallies and other
for permi ts to hold meetings,
television of which must be
blicly by the newspaper, similar political activities, receipt
which application shall be
and/or radio station acknowledged in writing and
slot ous place in the city
same prominence or in the same
page or secti on or in the same time immediately posted in a conspicu upon in writing by
, § 10. or municipal building, shall be acted
as the first statement.” R.A, No. 9006 three days after the
local authorities concerned within
acted upon within
Sec. 86.6. — Rates for political propaganda filing thereof and any application not
: and Provided,
During the election said period shall be deemed approved
“Sec. 11. Rates for Political Propaganda. — n for said permit
parties and bona further, That denial of any applicatio
period, media outlets shall charge registered political shall be appealable to the provincial
election supervisor
for television, be made
fide candidates a discounted rate of thirty percent (30%) or to the Commission whose decision shall
over the be final and
twenty percent (20%) for radio and ten percent (10%) for print within forty-eight hours and which shall
only justifiable
average rates charged during the first three quarters of the calendar year executory: Provided, finally, That the
cation by any
preceding the elections.” R.A. No. 9006, § I. ground for denial is a prior written appli
purpose has
candidate or political party for the same
Sec. 86.7. — Exit polls been approved. (Sec. 43, 1978 EC)
Holding exit polls and disseminating their results through mass Sec. 88. Public rally
media constitute an essential part of the freedoms of speech and of the the
Any political party or candidate shall notify
press. Comelec cannot ban them totally in the guise of promoting clean, rally said
election registrar concerned of any public
honest, orderly and credible elections. ABS-CBN v. Comelec, G.R. No. and hold
political party or candidate intends to organize
133486, January 28, 2000. in the city or municipality, and within seven working
days
nt
thereafter submit to the election registrar a stateme
Sec. 86.8. — Equal time 42,
of expenses incurred in connection therewith. (Sec.
TThe Comelec : is duty-bound to see that the sal le of air
i r time
t i b 1978 EC)
television and radio broadcasting stations insure that time which is
equal as to duration and quality is available . 89. Transportation, food and drinks
to all candidates for the
same office or A political parties or groups at the sami e rat i It shall be unlawful for any candidate, political
free
of charge. Unido v. Comelec, 104 SCRA 17 (1981). ieee Ne party, organization, or any person to give or accept,
or
of charge, directly or indirectly, transportation, food
Sec. 86.9.— Applicability to President drinks or things of value during the five hours before
and after a public meeting; on the day preceding the
sae Ni a President is afforded the Oppor tunit election, and on the day of the election; or to give
or
y to commu nicate
a las e through mass media, the oppos ition is not entitled to contribute, directly or indirectly, money Or things of
ame facilities. Unido v, Comelec, 104 SCRA value for such purpose. (Sec. 44, 1978 EC)
17 (1981)
‘og ELECTION LAWS
ARTICLE X 2
CAMPAIGN AND ELECTION PROPAGANDA
second debate within the fifth and sixth campaign
Ts mission shall procure space in at least
ae perio d; and the third
sey debate shall be scheduled within the tenth and eleventh week
one ests of general circulation in La of the
- campaign period.
or city: Provided, however, That In the absen
newspaper, publication shall be done in any ot wl The sponsoring television or radio network may sell
airtime for
magazine or periodical in sald province or city, commercials and advertisements to interested advertisers and sponsors,
shall be known as “Comelec Space” wherein candidates The COMELEC shall promulgate rules and regulation for the holding
can announce their candidacy. Said space shall be
allocated, free of charge, equally and impartially by the of such debates.” R.A. No. 9006, § 7.
Commission among all candidates within the area in
which the newspaper Is circulated. (Sec. 45, 1978 EC) Sec. 90.2, — Amending statute
“Sec. 8. COMELEC Space and Time. — The COMELEC shal
Sec. 90.1. — Affirmative action by Comelec
procure space in at least one (1) newspaper of general circulation
“Sec. 7. Affirmative Action by the COMELEC, — and air time in at least one (1) major broadcasting station or entity
7.1. Pursuant to Section 90 and 92 of the Omnibus Election Code in every province or city: Provided, however, That in the absence of
(Batas Pambansa Blg. 881), the COMELEC shall procure said newspaper, publication shall be done in any other magazines
the print or
space upon payment of just compensation from at least three periodical in said province or city, which shall be known as “COMELEC
(3) nationa l Space”: Provided, further, That
newspapers of general circulation wherein candida in the absence of said broadcasting
tes for national office Station or entity, broadcasting
can announce their candidacies. Such space shall be done in any radio or television
shall be allocated free of station in said province or city, which shall be known
as “COMELEC
Time.” Said time shall be allocated to the COMELEC
free of charge,
while said space shall be allocated to the Comelec
upon payment of
Just compensation. The COMELEC time and space
shall be utilized
exclusively by the COMELE C for public informati on dissemination on
election-related concerns.” R.A. No. 9006,
§ 8.
Sec. 90.3. Compensation for media
The Comelec may not compel print media
space” for dissemination of election
to dona te free “Comelec
information since it amounts to
taking private Property for public
use without Just compensation and
does not constitute a valid exercise of the police power.
Press Institute, Inc. y, Comelec, Philippine
244 SCRA 272 (1995).
Sec. 91. Comelec Poster
area
"
Whenever practicable, the Commissio
designate and Provide for a com n shall also
mon poster area in
strategic places in each town
wher ein candidates can
announce and further their candidac
y through posters,
Said space to be likewise allocate
d free of charge,
equally and impartially by the Com
the candidates concerned.
mission among all
(New)
 48 ELECTI ION LAWS L ARTICLE X 39
ra CAMPAIGN AND ELECTION PROPAGANDA
i ma terials
Sec. 91.1. — Postini g campaign as “Comelec Bulletin” which shall be of such size as to
s. — The COMELEC may adequately contain the picture, bio-data and program of
“Sec. 9. Posting of Campaign Material t amr Poster government of avery candidate. Said bulletin shall be
uthorizepolitica l parties and party-list groups to erec disseminated to the voters or displayed in such places
(10) public places such as
ns for their candidates in not more than ten can as to give due prominence thereto. Any candidate may
, wherein eee
plazas, markets, barangay centers and the like = of reprint at his expense, any “Comelec Bulletin” upon
, ie
post, display or exhibit election propaganda: Provided prior authority of the Commission: Provided, That said
the poster areas shall not exceed twelve (12) by sixteen (16) feet or its
reprint shall be an exact replica of the original and shall
! a
equivalent. bear the name of the candidate causing the reprint and
Independent candidates with no political parties may likewise the name of the printer.
be authorized to erect common poster areas in-not more than ten (10) oe
public places, the size of which shall not exceed four (4) by six (6) feet
or its equivalent.
Candidates may post any lawful propaganda material in private
places with the consent of the owner thereof, and in public places or
property which shall be allocated equitably and impartially among the
candidates.” R.A. No. 9006, § 9.
Sec. 92. Comelec time
The Commission shall procure radio and television
time to be known as “Comelec Time” which shall be
allocated equally and impartially among the candidates
within the area of coverage of all radio broadcasting and
television stations. For this purpose, the franchise of all
radio broadcasting and television stations are hereby
amended so as to provide radio or television time, free
of charge, during the period of the campaign: (Sec. 46,
1978 EC)
Sec. 92.1. — Affirmative action by Comelec
R.A. No. 9006, §-7, empowers the Comelec-to take
affirmative
action to procure Comelec airtime. The provi
sion is set out in Sec. 90.1,
See. 92.2, — Amending statute
R.A. No. 906, § 8, set out in See.
90.1 amends OEC, § 92.
Sec. 93, Comelec information
bulletin
Theh Commission 1 shall
supervise the dissemina Cause th @ prin ting , :
tion of bulletins to
be bart