Sec. 91.

Comelec poster area

Whenever practicable, the Commission shall also designate and provide for a common poster are in strategic places in each town wherein candidates can announce and further their candidacy through posters, said space to be likewise allocated free of charge, equally and impartially by the Commission among all the candidates concerned.

The Commission shall designate common poster areas in strategic public places such as markets, barangay center and the like wherein candidates can post, display, or exhibit election propaganda to announce or further their candidacy. Whenever feasible, common billboards may be installed by the Commission and and/or nonpartisan private of civic organizations which the Commission may authorize whenever available, after due notice and hearing, in strategic places where it may be readily seen or read, with the heaviest pedestrian and/or vehicular traffic in the city or municipality.

The space in such common poster area or billboards shall be allocated free of charge, if feasible, equitably and impartially among the candidates in the province, city or municipality. (R.A. no. 6646, sec. 10.) The COMELEC may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than 10 public places such as plazas, markets, barangay centers and the like, wherein candidates can post, display or exhibit propaganda. Such poster areas shall not exceed 12 feet by 16 feet or its equivalent. For independent candidates with no political parties, the size of the common poster area must not exceed 4 feet by 6 feet or its equivalent. (Sec. 9, R.A. 9006)

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 and television stations. For this purpose, the franchise of all radio broadcasting and television station are hereby amended so as to provide radio television time, free of charge, during the period of the campaign.

(TELEBAP, Inc. v. COMELEC, 289 SCRA 337, April 21, 1998 [Mendoza])

The constitutionality of Sec. 92 of B.P. Blg. 881 (requiring radio and television station owners and operators to give to the Comelec radio and television time free of charge) was challenged on the ground, among others, that it violated the due process clause and the eminent domain provision of the Constitution by taking airtime from radio and television broadcasting stations without payment of just compensation. Petitioners claim that the primary source of revenue of radio and television stations is the sale of airtime to advertisers and that to require these stations to provide free airtime is to authorize a taking which is not a de minimis temporary limitation or restraint upon the use of private property.

Held: All broadcasting, whether by radio or by television stations, is licensed by the government. Airwave frequencies have to be allocated as there are more individuals who want to broadcast than there are frequencies to assign. A franchise is thus a privilege subject, among other things, to amendment by Congress in accordance with the constitutional provision that any such franchise or right granted x x x shall be subject to amendment, alteration or repeal by the Congress when the common good so requires. (Art. XII, Sec. 11) Indeed, provisions for Comelec Time have been made by amendment of the franchises of radio and television broadcast stations and such provisions have not been thought of as taking property without just compensation. Art. XII, Sec. 11 of the Constitution authorizes the amendment of franchises for the common good. What better measure can be conceived for the common good than one for free airtime for the benefit not only of candidates but even more of the public, particularly the voters, so that they will be fully informed of the issues in an election? [I]t is the right of the viewers and listeners, not the right of the broadcasters, which is paramount.

Radio and television broadcasting companies, which are given franchises, do not own the airwaves and frequencies through which they transmit broadcast signals and images. They are merely given the temporary privilege of using them. Since a franchise is a mere privilege, the exercise of the privilege may reasonably be burdened with the performance by the grantee of some form of public service.
In the granting of the privilege to operate broadcast stations and thereafter supervising radio and television stations, the State spends considerable public funds in licensing and supervising such stations. It would be strange if it cannot even require the licensees to render public service by giving free airtime.

R.A. 9006 SEC 6. Equal Access to Media Time and Space. All registered parties and bonafide candidates shall have equal access to media time and space . The following guidelines may be amplified on by the COMELEC. 6.2 a.Broadcast Media(i.e., TV and radio) National Positions: 120 minutes for TV, 180 minutes for radio / b.Local Positions: 60 minutes for TV, 90 minutes for radio 6.4 No franchise or permit to operate a radio or television shall be granted or issued, suspended or cancelled during the election period.

6.6 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 employers, or shall take a leave of absence from his work as such during the campaign. And that any media practitioner who is an official candidate of a political party or member of the campaign staff of a candidate or political party shall not use his media time and space to favor any candidate or political party.

Sec. 93. Comelec information bulletin

The Commission shall cause the printing, and supervise the dissemination of bulletins to be known as "Comelec Bulletin" which shall be of such size as to adequately contain the picture, biodata and program of government of every candidate. Said bulletin shall be disseminated to the voters or displayed in such places as to give due prominence thereto. Any candidate may reprint at his expense, any "Comelec Bulletin" upon prior authority of the Commission: Provided, That the printing of the names of the different candidates with their bio-data must be in alphabetical order irrespective of party affiliation.

Said reprint Shall be the exact replica of the original and shall bear the name of the candidate causing the reprint and the name of the printer.