Professional Documents
Culture Documents
(GROUP 4) Campaign & Election Propaganda
(GROUP 4) Campaign & Election Propaganda
REPORT
Outline:
A. Concept
B. Nomination
C. Campaign Period
D. Election Propaganda
Validity of Restrictions:
Any person (a) Removal, destruction, obliteration, or in any manner Sec. 40, 1978
defacement of or tampering with lawful propaganda EC
(b) Prevention of the distribution of lawful election
propaganda
Candidate/Political (a) Giving or accepting, directly or indirectly, free of
Party/Other charge, transportation, food or drinks or things of
Person value during the five (5) hours before and after a
public meeting, on the day preceding the election, and
on the day of the election
(b) Giving or contributing, directly or indirectly, money or
things of value for such purpose
Members of the Engaging in any partisan political activity; taking part in Sec. 173, BP 881
Board of Election the election except to discharge their duties as such
Inspectors and to vote
Officers/employees Engaging directly or indirectly in any Electioneering or Sec. 2(4), Art. IX-
of the civil partisan political campaigns B, Const.
service
Members of the Engaging directly or indirectly in any partisan political Sec. 5(3), Art.
military activity except to vote XVI, Const.
Foreigners, whether (a) Aiding any candidate or political party, directly or Sec. 81, BP 881
judicial or indirectly; or
natural person (b) Taking part in/influencing in any manner any
election; or
(c) Contributing or making any expenditure in
connection with any election campaign or partisan
Lawful Propaganda:
(a) Pamphlets, leaflets, cards, decals, stickers or other written or printed materials
not exceeding 8 in width and 14 in length;
(b) Handwritten or printed letters urging voters to vote for or against any particular
candidate;
(c) Cloth, paper or cardboard posters, whether framed or posted area not
exceeding 2 by 3
except that, streamers not exceeding 3 feet by 8 feet in size, shall be allowed
at:
that said streamers may be displayed 5 days before the date of the meeting or
rally and shall be removed within 24 hours after said meeting or rally;
(e) All other forms of election propaganda not prohibited by the Omnibus Election
Limitations:
Election propaganda whether on:
Television
Cable Television
Radio
Newspaper
any other medium
(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.
Regulation of Election Propaganda through Mass Media:
a.) COMELEC shall promulgate rules & regulations regarding the sale of air time for partisan
political purposes during campaign periods.
To insure equal time as to duration & quality at the same reasonable rates or given free of
charge to effectively enforce the limitation of expenditures by candidates
To ensure that stations shall not allow the scheduling of any program or permit any sponsor to
manifestly favor or oppose by unduly or repeatedly referring to said candidate in such program.
b.) All contracts for advertising in any form of publication promoting or opposing the candidate for
public office before its implementation be registered by said publication with the COMELEC.
c.) No franchise or permit to operate a radio or television station shall be granted or issued,
suspended or cancelled during the election period.
Any radio or television station, including that owned and controlled by the government, shall
give free of charge of equal time.
COMELEC shall supervise the use & employment of press, radio & television facilities to give
candidates equal circumstances to make known their qualifications & their stand on public
issues.
Election Surveys:
Broadshe page 3x a
et week
Tabloid page 3x a
week
o Broadcast advertisements:
o Free Airtime
From at least 3 national television networks & 3 national radio networks
Allocated free of charge equally and impartially among all candidates for
national office
o Sponsored debates
COMELEC may require national television & radio networks to sponsor
at least 3 national debates among presidential candidates
1 debate shall be scheduled within the 1st & 2nd week of the campaign period
st
2nd debate shall be scheduled within the 5th & 6th week of the campaign period
3rd debate shall be scheduled within the 10th & 11th week of the campaign
period
at least 1 national debate among vice presidential candidates
o Sale of Airtime
Sponsoring television or radio network may sell airtime for commercials
and advertisements to interested advertisers & sponsors
COMELEC shall promulgate rules & regulations for the holding of such
debates
Right to Reply:
a.) Who All registered parties and bona fide candidates
b.) Against charges published against them
c.) How
o Reply shall be given publicity by the newspaper, television & radio station which first printed or
aired the charges
o With the same prominence or in the same page or section or in the same time slot
COMELEC Supervision
o Scope
In all instances
COMELEC shall supervise the use & employment of press, radio & television facilities
Insofar as the placement of political advertisements is concerned
o Purpose
Ensure that candidates are give equal circumstances to make known their qualifications and their
stand on public issues
Within the limits set fourth in the BP 881 & RA 7166 on election spending
Regulation
o COMELEC shall ensure that radio & television or cable television broadcasting entities shall not allow:
scheduling of any program
Permit any sponsor to manifestly favor or oppose any candidate or political party in such program
o But respecting in all instances the right of said broadcast entities to air accounts of significant news or
news worthy events and views on matters of public interests.
Restrictions on Media
The survey together with raw data gathered to support its conclusion
shall be available for inspection, copying and verification by the
COMELEC or by a registered political party or bona fide candidate, or
by any COMELEC accredited citizens arm. A reasonable fee
sufficient to cover the costs of inspection, copying and verification
may be charged.
Publication Period
Surveys affecting national candidates shall not be
published fifteen (15) days before an election and
surveys affecting local candidates shall not be published
seven (7) days before an election.
Comelec time.
COMELEC procures radio and television time to be known as "Comelec
Time" allocated equally and impartially among the candidates within the
area of coverage
to provide radio television time, free of charge, during the period of the
campaign.
No contribution for purposes of partisan political activity shall be made directly or indirectly by any of the
following:
Public or private financial institutions: Provided, however,
however, That nothing herein shall prevent the making
of any loan to a candidate or political party by any such public or private financial institutions legally in
the business of lending money, and that the loan is made in accordance with laws and regulations in the
ordinary course of business;
Natural and Juridical persons operating public utility or in possession of or exploiting any natural
resources of the nation;
Natural and juridical persons who hold contracts or sub-contract to supply the government or any of its
divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other
works;
Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or
similar privileges or concessions by the government of any of its divisions, subdivisions or
instrumentalities, including government owned or controlled corporations;
Natural and juridical persons who, within one year prior to the date of election, have been granted loans
or other accommodations in excess of P 100,000 by the government or any of its divisions, subdivisions
or instrumentalities including government-owned or controlled corporations;
Educational institutions which have received grants
of public funds amounting to no less than P 100,000;
Officials or employees in the Civil Service, or
members of the Armed Forces of the Philippines; and
Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or receive
any contribution from any of the person or entities
enumerated above.
FACTS:
Eugenio Faelnar filed his certificate of candidacy for the position ofbarangay
chairman during the 1997 barangay elections in Cebu. One day after filing such
certificate (april 9), a basketballtournament was held in the sports complex
dubbed as, 2nd Jing-Jing Faelnars Cup which lasted until April 30, 1997. This
gave rise to a complaint for electioneering against petitioner and Gillamac filed
by Antonio Luy. It was alleged that it was actually a form ofcampaign done
outside the official campaign period which should start on May 1, 1997.
1. that there was a streamer bearing the name of petitioner placed at the faade
of the venue.
2. petitioners name was repeatedly mentioned over the microphone.
3. it was widely published in the local news paper.
4. a raffle sponsored by Gillamac was held with home appliances as prize.
It was investigated by the election officer and it was dismissed by the COMELEC
en banc, But on motion of the complaint the COMELEC reconsidered its decision
and ordered the filing of the necessary information against petitioner, and he was
formally charged in the RTC. The judged denied his motion to quash. Petitioner
filed a petition for certiorari in the Supreme Court. Held: The petition should be
denied, since the petition is nothing but an attempt to circumvent a final
resolution of the COMELEC. The resolution was promulgated on October 29,
1998. Petitioners remedy was to seek its annulment by way of Certiorari under
Rule 65 of the Rules of Court in relation to Rule 64 providing that a judgment or
final order of the COMELEC may be brought by the aggrieved party to the
Supreme Court on Certiorari under Rule 65, Sec. 3 provides that such petition
shall be filed within thirty (30) days from notice of the resolution. No such
petition was ever filed.
Prohibited Donations:
No candidate, his or her spouse or any relative within the second civil degree of
consanguinity or affinity, or his campaign manager, agent or representative shall
during the campaign period, on the day before and on the day of election, directly
or indirectly, make any donation, contribution or gift in cash or in kind or
undertake or contribute to the construction or repair of roads, bridges,
schoolhouses, puericulture centers, medical clinics and hospitals, churches or
chapels, cement pavement or any structure for public use or for the use of any
religious or civic organization; Provided, That normal and customary religious
dues or contributions, such as religious stipends, tithes or collections on Sundays
or other designated collection days, as well as periodic payments for legitimate
scholarships established and school contributions habitually before the prohibited
period, are excluded from the prohibition.(Sec. 104, BP 881)
A candidates giving a check in the amount of P 200 for the repair of a visita
and furnishing posts, galvanized iron, and cement for the construction of a
school, indicates more of public spirit than of venal intent. (Angeles v.
Rodriguez, 46 Phil. 595, GR No. L-22257, December 3, 1924)
A promise by a candidate that if elected, he will donate his salary for the
education of indigent but deserving students, is not prohibited by election
law.(Collado v. Alonzo, 15 SCRA 562, GR No. L-23637, December 24,1965)
Expenditures
1. Lawful Expenditures (Sec. 102, BP 881)
No candidate or treasurer of a political party shall, directly or indirectly, make any
expenditure except for the following:
No person, except the candidate, the treasurer of a political party or any person authorized by such candidate
or treasurer shall make any expenditure in support of or in opposition to any candidate or political party.
Expenditures duly authorized by the candidate or the treasurer of the party shall be considered as
expenditures of such candidate or political party.
The authority to incur expenditures shall be in writing; copy of which shall be furnished the Commission signed
by the candidate or the treasurer of the party and showing the expenditures so authorized, and shall state the
full name and exact address of the person so designated. (Sec. 54, 1978 EC)
The aggregate amount that a candidate or registered political party may spend for election campaign shall be
the following:
a.) For candidates
President P10.00
Vice-President P 10.00
Other Candidates:
With political party or with support from political party P3.00
Without political party or without support from political party- P5.00
b.) For political parties P5, for every voter currently registered in the constituency or constituencies
where it has official candidate.
4. Statement of Contributions and Expenditures: Effect of Failure to File Statement.
Every candidate and treasurer of the political party shall, within thirty (30) days after the day of
the election, file in duplicate with the offices of the Commissions the full, true and itemized
statement of all contributions and expenditures in connection with the election.
No person elected to any public office shall enter upon the duties of his office until he has filed
the statement of contributions and expenditures herein required.
The same prohibition will apply if the political party which nominated the winning candidate fails
to file the statement required herein with the period prescribed by this Act.
Except for candidates for elective barangay office, failure to file the statement or reports in
connection with sectoral contributions and contributions as required herein shall constitute an
administrative offense for which the offenders shall be liable to pay an administrative fine
ranging from One Thousand Pesos (P 1,000.00) to Thirty Thousand pesos (P
30,000.00), in the discretion of the Commission.
The fine shall be paid within thirty (30) days from receipt of notice of such failure: otherwise,
it shall be enforceable by a writ of execution issued by the Commission against the properties of
the offender.
It shall be the duty of every city or municipal election registrar to advise in writing, by personal
delivery or registered mail, within five (5) days from the date of election all candidates residing
in his jurisdiction to comply with their obligation to file their statement of contributions and
expenditures.
For the commission of a second or subsequent offense under this section, the administrative fine
shall be from Two thousand pesos (P2, 000.00) to Sixty thousand pesos (P 60,000.00), in
the discretion of the Commission. In addition, the offender shall be subject to perpetual
disqualification to hold public office. (Sec. 14, RA 7166)
The requirement to file the statement of contributions and expenditures covers not only to
candidates who pursued his campaign but even those who withdrew as candidates after having
filed their certificates of candidacy because the law does not distinguish, courts should not
distinguish.
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