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ELECTION AND CAMPAIGN PERIODS
0 ELECTION PERIOD- shall commence ninety (90) days

before the day of the election and shall end thirty (30) days thereafter, UNLESS otherwise fixed in special cases by the Commission on Elections

0 CAMPAIGN PERIOD: 0 Presidential and Vice-Presidential Election- 90 days 0 Members of House of Representatives and Local

Election- 45 days 0 Barangay Election- 15 days 0 Campaign periods shall not include the day before and the day of the election. 0 SPECIAL ELECTIONS (under Article VIII, Section 5, Subsection 2 of the Constitution)- 45 days

ELECTION PROPAGANDA
0 refers to any matter broadcasted, published, printed, displayed

or exhibited, in any medium, which contain the name, image, logo, brand, insignia, color motif, initials, and other symbol or graphic representation that is capable of being associated with a candidate or party, and is intended to draw the attention of the public or a segment thereof to promote or oppose, directly or indirectly, the election of the said candidate or candidates to a public office. 0 in broadcast media, political advertisements may take the form of spots, appearances on TV shows and radio programs, live or taped announcements, teasers, and other forms of advertising messages or announcements used by commercial advertisers. 0 Political advertising includes matters, not falling within the scope of personal opinion, that appear on any Internet website, including, but not limited to, social networks, blogging sites, and micro-blogging sites, in return for consideration, or otherwise capable of pecuniary estimation. [COMELEC RESOLUTION NO. 9615, JAN.15, 2013 (RULES AND REGULATIONS IMPLEMENTING THE FAIR ELECTION ACT IN CONNECTION TO THE 13 MAY 2013 ELECTIONS)]

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CAM AIGN FINANCE RULE ₱ $ .

Five pesos (P5.00) for every voter currently registered in the constituency where the candidate filed his certificate of candidacy. For other candidates without any political party and without support from any political party . For Political Parties and party-list groups .00) for every voter currently registered in the constituency where the candidate filed his certificate of candidacy.00) for every voter currently registered in the constituency or constituencies where it has official candidates.Five pesos (P5. . For candidates . c. b.AUTHORIZED EXPENSES OF CANDIDATES AND PARTIES 0 The aggregate amount that a candidate or party may spend for election campaign shall be as follows: a.Three pesos (P3.

For political meetings and rallies and the use of sound systems. internet access.LAWFUL EXPENDITURES 0 For traveling expenses of the candidates and campaign personnel in 0 0 0 0 0 0 the course of the campaign and for personal expenses incident thereto. and other persons actually employed in the campaign. postages. For stationery. For employment of watchers at the polls. office or place of meetings. For compensation of campaigners. lights and decorations during said meetings and rallies. For rent. . messengers. stenographers. freight and express delivery charges. printing and distribution of printed materials relative to the candidacy. clerks. maintenance and furnishing of campaign headquarters. For telegraph and telephone tolls.

investigating and challenging the right to vote of persons registered in the lists. radio. subject to existing rules and regulations on the broadcast advertising. (j). shall not be taken into account in determining whether the expenditure limit has been breached by the candidate or party in the conduct of campaign activities. The expenditures for items (i). size and maximum number as may be authorized by the Commission. 0 For copying and classifying lists of voters. 0 For employment of counsel. 102] . television and other advertisements for purposes of promoting the candidacy. and (k). including website or internet ad placements. [OEC. Sec. and 0 For printing sample ballots in such color.0 For newspaper.

9616. JAN. OMISSIONS AND ACTIVITIES RELATED TO CAMPAIGN FINANCE AND THE FAIR ELECTION ACT (SEC. 7. COMELEC RESOLUTION NO.16. 2013) .UNLAWFUL ACTS.

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BIR. 9476. as amended (Campaign Finance Rules) [RESOLUTION NO.General Instructions for the Implementation of Campaign Finance Laws as embodied in Resolution No.16. 9616. Law Enforcement Agencies and Anti-Money Laundering Council Investigation and Prosecution Initiation of Complaint . 2013] Designation of the Campaign Finance Unit Monitoring Activities During the Campaign Period Deputation of COA. JAN.

COMELEC GR NO. MARCH 5. function and duty to provide adequate channels of public information and public opinion relevant to election issues.NATIONAL PRESS CLUB VS. and that it curtails and limits the right of voters to information and opinion . that abridges the freedom of speech of candidates. 102653. that the prohibition is in derogation of media's role. 1992 FACTS: 0 Petitioners in these consolidated cases consist of representatives of the mass media which are prevented from selling or donating space and time for political advertisements 0 They argued that Section 11 (b) of RA 6646 known as the Electoral Reforms Law of 1987 invades and violates their freedom of expression.

881 . xxx xxx xxx b) for any newspapers. — In addition to the forms of election propaganda prohibited under Section 85 of Batas Pambansa Blg. or any person making use of the mass media to sell or to give free of charge print space or air time for campaign or other political purposes except to the Commission as provided under Sections 90 and 92 of Batas Pambansa Blg. 6646. known as the Electoral Reforms Law of 1987: Sec. other mass media.0 Section 11 (b) of Republic Act No. radio broadcasting or television station. 11 Prohibited Forms of Election Propaganda. 881. it shall be unlawful.

0 ISSUE: Whether or not Section 11 (b) of RA 6646 known as the Electoral Reforms Law of 1987 constitute a permissible exercise of the power of supervision or regulation of the operations of communication and information enterprises during an election period .

RULING: 0 The Court considers that Section 11 (b) has not gone outside the permissible bounds of supervision or regulation of media operations during election periods. 0 Legitimate objective: equalizing. as far as practicable. 0 Rights of free speech and free press are not unlimited rights 0 Right to equal access to opportunities for public service 0 Article IX(C) (4) of the 1987 Constitution. the situations of rich and poor candidates .COMELEC’s authority to supervise or regulate the enjoyment or utilization of the franchises or permits for the operation of media of communication and information.

” It covers only paid political advertisements of candidates. . including purchase and sale disguised as a donation of print space and air time for "campaign or other political purposes.Frequently. 0 applies only to the purchase and sale. 0 Nature and characteristics of modern mass media. such repetitive political commercials when fed into the electronic media themselves constitute invasions of the privacy of the general electorate.0 Section 11 (b) is circumscribed by certain important limitations: 0 limited in its applicability in time to election periods. especially electronic media.

ELECTION CAMPAIGN .

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BP 881 Omnibus Election Code of the Philippines) .ELECTION CAMPAIGN 0 “Election campaign" or "partisan political activity" refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office (Section 79 (b).

pledges or support for or against a candidate. (3) Making speeches. or other similar assemblies. BP 881 Omnibus Election Code of the Philippines) .ELECTION CAMPAIGN (1) Forming organizations. or (5) Directly or indirectly soliciting votes. clubs. conferences. or holding interviews for or against the election of any candidate for public office. (Section 79 (b). meetings. committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate. associations. parades. rallies. announcements or commentaries. (4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate. for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate. (2) Holding political caucuses.

2013 (RULES AND REGULATIONS IMPLEMENTING THE FAIR ELECTION ACT IN CONNECTION TO THE 13 MAY 2013 ELECTIONS)] . the Judiciary. and members of the Civil Service. views. JAN. and preferences for candidates. [SEC. 9615.0 Personal opinions. contained in blogs shall not be considered acts of election campaigning or partisan political activity unless expressed by government officials in the Executive Department.1 (1) COMELEC RESOLUTION NO. the Legislative Department.15. the Constitutional Commissions.

Meetings and Other Political Activities Posting of Campaign Materials Establishment of Headquarters .Use of Election Propaganda through Mass Media Deputation COMELEC Print Space and Air Time Rallies.

79. withdrawn his certificate of . or has been otherwise disqualified before the start of the campaign period for which he filed his certificate of candidacy. Jan. who has filed a certificate of candidacy by himself or through an accredited political party.15. Provided. BP 881) candidacy. aggroupment. or coalition of parties (Sec. defined 0 refers to any person aspiring for or seeking an elective public office. that. had his certificate of candidacy denied due course or cancelled. 2013) 0 and one who has not died. unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period. 9615. (COMELEC Resolution No.“Candidate”.

That any person holding a public appointive office or position. Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided. ENTITLED "AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM) . the Commission shall set the deadline for the filing of certificate of candidacy/petition of registration/manifestation to participate in the election. That. shall be considered ipso factor resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certification of candidacy. finally. and officers. and employees in government-owned orcontrolled corporations. (Section 13. including active members of the armed forces. unlawful acts or omissions applicable to a candidate shall effect only upon that start of the aforesaid campaign period: Provided. 8436.FILING OF COC FOR THE PURPOSE OF PRINTING BALLOTS 0 "For this purpose. RA 9369 AN ACT AMENDING REPUBLIC ACT NO.

(3) causing the publication of a press release predicting his victory. 2004). and (5) distributing shoes to schoolchildren in Pasig public schools to induce their parents to vote for him. LANOT VS. (2) uttering defamatory statements against Lanot. and stickers printed with his surname across Pasig City. 2006 . 2003 engaged in an election campaign in various forms on various occasions outside of the designated campaign period (starts on March 24. COMELEC AND EUSEBIO GR NO. such as (1) addressing a large group of people during a medical mission sponsored by the Pasig City government. posters. streamers. NOVEMBER 16. 164858. 0 They alleged that Eusebio who filed his Certificate of Candidacy on December 29.FACTS: 0 Petitioners filed a petition for disqualification under Sections 68 and 80 of the Omnibus Election Code against Eusebio before the COMELEC. (4) installing billboards.

0 SECTION 80. or association of persons. or for any party. — It shall be unlawful for any person. (Emphasis supplied) . That political parties may hold political conventions or meetings to nominate their official candidates within thirty days before the commencement of the campaign period and forty-five days for Presidential and Vice-Presidential election. to engage in an election campaign or partisan political activity except during the campaign period: Provided. Election campaign or partisan political activity outside campaign period. whether or not a voter or candidate.

0 COMELEC First Division adopted the findings and recommendation of Director Ladra. Chairman Abalos issued a memorandum enjoining the implementation of the said resolution due to Eusebio’s motion for reconsideration. However.0 Regional Director Esmeralda Amora-Ladra recommended that respondent EUSEBIO shall be DISQUALIFIED. on election day itself. Eusebio won in the election and his proclamation as the winning candidate for Mayor of Pasig City was directed by the COMELEC. without prejudice to the final outcome of the case. . 0 While the case was pending.

0 ISSUE: Whether or not Eusebio should be disqualified for engaging in an election campaign or partisan political activity outside the campaign period. .

0 (2) the act is designed to promote the election or defeat of a particular candidate or candidates. shows that there is no basis to disqualify Eusebio. 0 (3) the act is done outside the campaign period.RULING: 0 Court’s review of the factual findings of the COMELEC. . as well as the law applicable to this case. 0 The essential elements for violation of Section 80 of the Omnibus Election Code are: 0 (1) a person engages in an election campaign or partisan political activity.

are not covered by Section 80 which punishes only acts outside the campaign period. or during the campaign period. even if constituting election campaigning or partisan political activities. . are not punishable under Section 80 of the Omnibus Election Code. However.0 The clear intention of Congress was to preserve the “election periods as x x x fixed by existing law” prior to RA 8436 and that one who files to meet the early deadline “will still not be considered as a candidate.” 0 Eusebio’s acts of election campaigning or partisan political activities were committed outside of the campaign period. Such acts are protected as part of freedom of expression of a citizen before he becomes a candidate for elective public office. Acts committed by Eusebio on or after 24 March 2004. he was not yet a “candidate” for purposes other than the printing of ballots when he filed his certificate of candidacy on 29 December 2003 0 Acts committed by Eusebio prior to his being a “candidate” on 23 March 2004.

181613. 2007). SEPTEMBER 11.PENERA VS. 0 Andanar filed a Petition for Disqualification against Penera. Monica. COMELEC AND ANDANAR GR NO. 2009 FACTS: 0 Penera and private respondent Andanar were mayoralty candidates in Sta. . as well as the candidates who belonged to her political party for unlawfully engaging in election campaigning and partisan political activity prior to the commencement of the campaign period (March 30. 2007) by conducting a motorcade on the day she filed her Certificate of Candidacy (March 29.

which dispersed soon after the completion of such filing. . 0 While the case was pending.0 Penera admitted that a motorcade did take place. where the filing of certificates of candidacy was preceded by a motorcade. elections took place and. 0 However. Monica. Penera was proclaimed the duly elected Mayor of Sta. but she explained that it was simply in accordance with the usual practice in nearby cities and provinces. in violation of Sections 80 and 68 of the Omnibus Election Code. as a result thereof. COMELEC Second Division later on issued its Resolution which disqualified Penera for engaging in premature campaigning.

0 ISSUE: Whether or not Penera should be disqualified for engaging in an election campaign or partisan political activity outside the campaign period. .

whether or not a voter or candidate…”. 8436.RULING: 0 Section 80 of the Omnibus Election Code remains relevant and applicable despite Section 15 of Republic Act No. 0 the conduct of a motorcade is a form of election campaign or partisan political activity. as amended. . falling squarely within the ambit of Section 79(b)(2) of the Omnibus Election Code 0 premature campaigning may be committed even by a person who is not a candidate. “It shall be unlawful for any person. based on Section 80 of the Omnibus Election Code.

The commission by such a person of any of the acts enumerated under Section 79(b) of the Omnibus Election Code (i. thus. .e. 0 Nevertheless. already explicitly declares his/her intention to run as a candidate in the coming elections.. even after the filing of the COC but before the start of the campaign period. a person. etc.0 Pursuant to Section 15 of Republic Act No. holding rallies or parades. upon the filing of his/her COC. be logically and reasonably construed as for the purpose of promoting his/her intended candidacy.) can. 8436. making speeches. a person is not yet officially considered a candidate. as amended.

at the beginning of the campaign period. as amended. at the start of the campaign period. which provides that “any unlawful act or omission applicable to a candidate shall take effect only upon the start of the campaign period. 8436.” it means that only after said person officially becomes a candidate. .0 With respect to Section 15 of Republic Act No. Only after said person officially becomes a candidate. can his/her disqualification be sought for acts constituting premature campaigning. can said acts be given effect as premature campaigning under Section 80 of the Omnibus Election Code.

” . 181613.PENERA VS. This Court has no power to ignore the clear and express mandate of the law that “any person who files his certificate of candidacy within [the filing] period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy. COMELEC AND ANDANAR GR NO. 2009 (MR) 0 Congress has laid down the law — a candidate is liable for election offenses only upon the start of the campaign period. NOV. 25.

. are not punishable under Section 80 of the Omnibus Election Code. Acts committed by Penera prior to 30 March 2007. Acts committed by Penera within the campaign period are not covered by Section 80 as Section 80 punishes only acts outside the campaign period. the law still did not consider Penera a candidate for purposes other than the printing of ballots. Such acts are within the realm of a citizen’s protected freedom of expression.” even if constituting election campaigning or partisan political activities. the date when she became a “candidate.0 On 29 March 2007.

the same partisan political acts are lawful.” 0 The plain meaning of this provision is that the effective date when partisan political acts become unlawful as to a candidate is when the campaign period starts.0 Neither can this Court turn 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 upon the start of the campaign period. . 0 It is a basic principle of law that any act is lawful unless expressly declared unlawful by law. Before the start of the campaign period.

in reversing Lanot does not claim that this second sentence or any portion of Section 15 of RA 8436. In fact. which embodies theLanot doctrine. is unconstitutional.0 The assailed Decision. the Decision is irreconcilably in conflict with the clear intent and letter of the second sentence. In so doing. . Section 15 of RA 8436. as amended by RA 9369. as amended by RA 9369. third paragraph. however. Thus. the Decision considers the entire Section 15 good law. the Decision is selfcontradictory — reversing Lanot but maintaining the constitutionality of the second sentence.

such as pens. (b) To erect. hats. wallets.PROHIBITED FORMS OF ELECTION PROPAGANDA (a) To print. distribute or accept electoral propaganda gadgets. handbill. manufacture. advertising for or against any candidate or political party. lighters. shirts. bandanas. fans of whatever nature. . or printed matter urging voters to vote for or against any candidate unless they bear the names and addresses of the printer and payor as required in Section 84 hereof. shape. athletic goods or materials. form or kind. publish. (c) To purchase. balloons and the like. put up. request. cigarettes and the like. attach. post or distribute any poster. circular. make use of. pamphlet. except that campaign supporters accompanying a candidate shall be allowed to wear hats and/or shirts or T-shirts advertising a candidate. matches. flashlights. tinplate-poster. of whatever size. float or display any billboard.

BP 881 Omnibus Election Code of the Philippines) . and (e) For any radio broadcasting or television station to sell or give free of charge air time for campaign and other political purposes except as authorized in this Code under the rules and regulations promulgated by the Commission pursuant thereto. (Section 85. Any prohibited election propaganda gadget or advertisement shall be stopped. audiovisual units or other screen projections except telecasts which may be allowed as hereinafter provided. confiscated or torn down by the representative of the Commission upon specific authority of the Commission.(d) To show or display publicly any advertisement or propaganda for or against any candidate by means of cinematography.

circular. newsletter. bumper sticker. To print.” or “airtime for this broadcast was provided free of charge by”. the reasonably legible. decal. publish. or audible words “political advertisement paid for. post or distribute any newspaper. publish.” followed by the true and correct name and address of the payor. followed by the true and correct name and address of the said publishing firm or broadcast entity.” followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. pamphlet. or audible words “political advertisements paid by. broadcast or exhibit any such election propaganda donated or given free of charge by any person or publishing firm or broadcast entity to a candidate or party without the written acceptance by the said candidate or party and unless they bear and be identified by the words "printed free of charge. comic book. newsweekly. leaflet. streamer. COMELEC RESOLUTION 9615 a.Prohibited Forms of Election Propaganda: Sec 7. . card. sample list of candidates or any published or printed political matter and to air or broadcast any election propaganda or political advertisement by television or radio or on the internet for or against a candidate or group of candidates to any public office. To print. poster. respectively. and are identified by. handbill. b. unless they bear and be identified by the reasonably legible. print or distribute said campaign materials unless they bear. It shall likewise be unlawful to publish. gazette or magazine advertising.

or other mass media. cable television station. television station. or including therein said candidate or party. . television or cable television station. display or exhibit any election campaign or propaganda material outside of authorized common poster areas. in public places. or permit any sponsor to manifestly favor or oppose any candidate or party by unduly or repeatedly referring to. or any person making use of the mass media to sell or to give free of charge print space or air time for campaign or election propaganda purposes to any candidate or party in excess of the size. To post. display or exhibit publicly in a theater. or any public forum any movie. duration or frequency authorized by law or these rules. or in which a character is portrayed by an actor or media personality who is himself a candidate. cinematography or documentary portraying the life or biography of a candidate. For any radio. d. To show. or unnecessarily mentioning his name. radio. e. and f.c. or in private properties without the consent of the owner thereof. For any newspaper or publication. announcer or broadcaster to allow the scheduling of any program. television.

station manager. 0 Waiting sheds. government-owned and controlled corporations.g Public places referred to in the previous subsection (f) include any of the following: 0 Electronic announcement boards. particularly those bearing red license plates. and other agencies and instrumentalities of the Government. reproduces or publishes said campaign materials. piers. trains. ferries. flyovers and underpasses. traffic signages and other signboards erected on public property. 0 Public utility vehicles such as buses. electric posts and wires. pedestrian overpasses and underpasses. pedicabs and tricycles. sidewalks. LCD TV displays posted on walls of public buildings. whether motorized or not. 0 Schools. and other similar purposes that are owned by local government units. jeepneys. bridges. main thoroughfares. . train stations. center islands of roads and highways. 0 Motor vehicles used as patrol cars. without the required data or in violation of these rules shall be criminally liable with the candidate and. ambulances. street and lamp posts. taxi cabs. public structures and buildings or any edifice thereof. and the like. docks. The violation of items 4 and 5 under subsection (g) shall be a cause for the revocation of the public utility franchise and will make the owner and/or operator of the transportation service and/or terminal liable for an election offense under Section 9 of Republic Act No. and other similar devices which are owned by local government units. 9006 as implemented by Section 18 (n) of these Rules. shrines. if applicable. further suffer the penalties of suspension or revocation of franchise or permit in accordance with law. government-owned and controlled corporations. such as LED display boards located along highways and streets. owner of the radio or television station. barangay halls. or publisher who prints. health centers. airports. printer. or owner or administrator of any website who airs or shows the political advertisements. or any agency or instrumentality of the Government. The printing press. such as bus terminals. and the broadcaster. seaports. 0 Within the premises of public transport terminals.