The COMELEC Report

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The COMELEC ReportThe COMELEC Report

The National Electoral Reform Summit of 2002

EVALUATION OF THE 14 MAY 2001 ELECTIONS

Pre-election; Election Proper; Post Election

Pre-election

Delay in: Approval of the budget and release of

election funds Submission of project of precincts due to:

Late decision of the en banc on which voters list to use and whether to group the precincts or not

Working areas not adequate or conducive

Pre-election (2)

Lack of systems and procedures that resulted in: Misdelivered election forms and

paraphernalia Confusion

Several releasing points for Ballots (NPO) Election returns (Ernest Printing) Canvassing forms (COMELEC Central) Indelible ink (Old NPO)

Pre-election (3)

Assignment of inexperienced personnel in some working committees

Policy on Commissioners-in-Charge Arbitrary re-assignment of Election Officers

and Provincial Election Supervisors Unnecessary hiring of casuals Unregulated grant of overtime and travel

authority

Pre-election (4)

Late payment of honorarium to Boards of Election Inspectors

Lack of quorum during en banc meetings resulting in delays in decision-making

Election Proper

Delay in distribution of forms and supplies Missing names in the Computerized Voters

List Whereabouts of some Election Officers and

Provincial Election Supervisors unknown Inadequate communication and transport

facilities for information dissemination and monitoring

Post-Election

Frequent changes in the composition of the Boards of Canvassers

Confusion on payments of claims of members of Boards of Canvassers: Whether HONORARIUM or OVERTIME, or both

Double proclamation Non-compliance with canvassing rules Clerical or intentional errors

FAIRELECTIONS

ACTRepublic Act No. 9006 as implemented by Comelec

Resolution No. 3636 dated 01March 2001

Definition

Political Advertisement

Any matter Broadcasted Published Printed, or Exhibited

which draws the attention of the public or a segment thereof to promote or oppose, directly or indirectly, the election of a particular candidate or candidates to a public office.

Political Advertisement

May be in the form of Spots Live or taped announcement Identification spots Guesting on TV shows and radio

programs, and Other forms of advertising

messages or announcements used by commercial advertisers.

Media Practitioner

Any person who is not employed by the media entity but performs similar functions or has control over what is printed or

broadcasted, such as, talent or a block timer. If an official of a political party or a member of

the campaign staff of a candidate or political party, he shall not use his/her time or space to favor any candidate or political party.

Resignation or Leave of Absence Mass media columnist Commentator Announcer Reporter On–air correspondent or personality

Who is a candidate for any elective public office, or

Who 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 employer, or Take a leave of absence from his/her work as such

during the campaign period

Rallies, Meetings and Other Similar Political Activities

Any political party supporting official candidates or

Any candidate, individually or jointly with other aspirants may hold peaceful political meetings,

rallies or other similar activities during the campaign period Subject to the requirements of local

ordinances on the issuance of permits

Applications for Permit to hold public meetings, rallies

Filed with the authorized city or municipal official, who shall Acknowledge receipt thereof in writing Post the application immediately after its

filing, in a conspicuous place in the city hall or municipal building

Submit to the Election Officer on the first working day of each week The list of applications filed during the previous

week and Action taken thereon.

Action on Application Official concerned shallAct in writing

Within three (3) days after filing of an application for permit If not acted upon within three (3) days from the date of its filing, deemed approved.

Give all candidates, political parties, organizations or coalitions equal and fair opportunity as to Date, Time and Place, to hold public political meetings or rallies.

In the last week of the campaign periods, all independent candidates, political parties, organizations and coalitions shall be entitled to hold at least one public meeting or rally, at the time to be chosen by the applicant, in the public plaza or place where public political meetings or rallies are usually held.

Action on Application Approval of application shall include a condition that a

statement of expenses incurred in connection with the meeting or rally be submitted to the Election Officer

Denial of application for permit Ground: If prior written application by another candidate or

political party, organization or coalition for the same purpose has been approved.

Appeal: To the Provincial Election Supervisor, and in the National Capital Region to the Regional Election Director, who shall

Decide the same within forty-eight (48) hours after the filing of the appeal, and

Give notice of the decision to the parties. The decision shall be final and executory.

Notice to EO and Report of Expenses for holding meetings, rallies

Any candidate or political party, organization or coalition intending to organize and hold any public meeting rally or political activity in the city or municipality shall Notify the Election Officer concerned thereof

and, Submit to said officer a statement of

expenses incurred in connection therewith Within seven (7) working days after the said public

meeting, rally or activity

Prohibited acts during public meetings

Give or accept or contribute, free of charge, directly or indirectly Transportation Food Drinks Money Anything of value

During and within the five (5) hours before and after a public meeting

Lawful Election Propaganda Election propaganda, for national and

local positions, now allowed, whether on Television Cable television Radio Newspaper or Any other medium

Subject to the Limitation on authorized expenses of candidates

and political parties and Observance of truth in advertising.

Lawful Election Propaganda Pamphlets, leaflets, cards, decals,

stickers or other written or printed materials the size of which does not exceed eight and one-half inches in width and fourteen inches in length;

Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office;

Lawful Election Propaganda Cloth paper or cardboard posters

whether framed or posted with an area not exceeding two (2) feet by

three (3) feet Exemption

Streamers not exceeding three (3) feet by eight (8) feet in size Displayed

at site of and on the occasion of a public meeting or rally; or

five (5) days before the date of the meeting or rally to be removed removed within twenty-four (24) hours after meeting or rally;

Lawful Election Propaganda

Paid advertisements in print or broadcast media, provided it shall: bear and be identified by the

reasonable legible or audible words “political advertisement paid for”

followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired.

Free of charge advertisement, provided it shall be identified by the words

“printed free of charge” or “airtime for this broadcast was provided

free of charge by” followed by the true and correct name and

address of the publishing firm or broadcast entity, if publication is given free of charge by the publishing firm, radio or television station.

Free of Charge Advertisement

Lawful Election Propaganda With written acceptance by the

candidate or political party. Written acceptance shall be

Attached to the advertising contract and Submitted to the COMELEC as provided

in hereunder.

Requirements for Published or Printed or Broadcast (whether paid or free of charge)

All media entities shall furnish the COMELEC with a copy of all contracts for advertising within five (5) days after its signing.

In every case, it shall be signed by the donor, the candidate concerned or by the duly authorized representative of the political party.

Lawful Election Propaganda All other forms of election

propaganda not prohibited by the Omnibus Election Code or of these rules File with the Comelec a verified

petition, in eight (8) legible copies, describing the election propaganda sought to be authorized, with samples thereof.

Petition for authority to use other forms of election propaganda If the Comelec authorizes use of

the requested election propaganda Petitioner to publish authorization in

two (2) newspapers of general circulation within one week after the authorization has been granted.

Petition for authority to use other forms of election propaganda

Comelec sets petition for hearing with notice to petitioner.

On the day following receipt of notice of hearing, petitioner causes publication of the petition,

together with notice of hearing, in two (2) newspapers of general circulation,

notifies Comelec of such action.

Lawful Election PropagandaRemoval/destruction/defacement During the campaign period it is

unlawful for any person to Remove Destroy Obliterate Deface in any manner Tamper with Prevent the distribution of

any lawful election propaganda.

Where to post campaign materials

Authorized common poster areas Private places with the consent of

the owner

Common poster area Who may avail

Candidates of political parties Party-list groups Independent candidates

When to file Within five days from effectivity of Rules

What to file Application to erect common poster area

Where to file Office of Election Officer

Common poster area

Political parties/ Party-list groups

Independent candidates

Number of common poster

10 per councilor district

Location Public places Public places

Size 12 feet x 16 feet or 192 square

4 feet x 6 feet or 24 square feet

Common poster areas

Limitations

Individual posters not to exceed 2 feet x 3 feet. In case of space limitations, reduce to

uniform size to accommodate all candidates

Area allocated to party or candidate cannot be used by another even with consent of former

Common poster area

Party-List Groups

Allocated at the rate of one common poster area for every thirty-two (32) party-list groups

If there are less than thirty-two (32) party-list groups, EO Reduces the size of the common poster area

depending on the total number of applicants for common poster area, provided each group entitled to post one 2 feet x 3 feet

poster

Common poster area

Party-List Groups If more than thirty-two (32) party-list

groups EO determines appropriate number and

size of common poster areas to equitably accommodate the total number of applicants

Party-list groups shall agree among themselves who will share each common poster area. In case no agreement is reached, EO shall group

the parties alphabetically.

Common poster area

Procedure for filing applications EO

Acts on application within three (3) days from receipt thereof

Determines if site is public, with heavy pedestrian or vehicular traffic, densely populated. Etc.

Equitably and impartially allocates sites to ensure maximum exposure of all propaganda materials

Common poster area

Procedure for filing applications Appeal from Order of EO

File within 2 days from receipt of Order with PES/RED-NCR, who shall Decide within 2 days from receipt of appeal Furnish copies of decision to

Parties concerned Law Department

Decision final and executory

Common poster area

Obligation of parties/candidates Within seven (7) days after the

elections, the candidates and party-list groups which applied for the erection of a common poster area shall Tear down the same at their own

expense and Restore the site into its original

condition.

Prohibited forms of election propaganda Campaign or propaganda materials

Posted outside of the authorized common poster areas or

Posted in private places without the consent of the owner

In excess of the size authorized by law Whether posted or distributed in any place.

Prohibited forms of election propaganda Publicly exhibiting in a theater,

television station or any public forum during the campaign period Movie, cinematography or

documentary portraying the life or biography of a candidate

Movie, cinematography or documentary portrayed by an actor or media personality who is himself a candidate

Prohibited campaign Outside of the campaign periods Holy Thursday Good Friday Day before election day, and Election day

Prohibited election propagandaRemoval/confiscation/destruction

COMELEC representative shall summarily Confiscate Remove Destroy Tear down

any prohibited election propaganda materials at the expense of the Candidate Political party Sectoral party, organization or coalition, or person

responsible for the prohibited election propaganda.

Prohibited election propagandaRemoval/confiscation/destruction At the expense of the

Candidate Political party sectoral party, organization or

coalition Person

responsible for the prohibited election propaganda.

Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution Who may file

Person Political party sectoral party, organization or coalition Association Agency office, bureau or department of

the government Where to file

With COMELEC, through its field office

Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution Grounds

Offensive to public morals Libelous Illegal Prohibited Subversive Irrelevant to the election issues.

Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution COMELEC’s duty

Resolve petition after summary hearing within six (6) hours from the time

petition is submitted for decision Decide petition ex parte

If parties concerned cannot be Contacted Unknown Refuse to appear at the hearing.

Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution COMELEC’s duty

motu proprio, immediately order Removal Destruction Confiscation

Prohibited propaganda material Materials containing statements/representations

Illegal Prohibited Patently libelous Offensive to public morals Subversive Tend to incite sedition or rebellion.

Equal access to media time and spaceGuidelines

All candidates shall have equal access to media time and space

Print advertisements shall not exceed One-fourth (1/4) page, in broadsheet

and One-half (1/2) page in tabloids

Frequency not to exceed thrice a week per newspaper, magazine or other publications, during the campaign period

Equal access to media time and spacewhether by purchase or donation and during campaign period

Entity

National

candidates

Radio Note more than 180 minutes

Not more than 90 minutes

Television Not more than 120 minutes

Not more than 60 minutes

Equal access to media time and spaceGuidelines Broadcast given free of charge by

the radio or television station, shall be identified by the words “Airtime for this broadcast was provided free of charge by” followed by the true and correct

name and address of the broadcast entity

Each broadcast station or entity shall Submit to the EID and the Executive Director

a certified true copy of its certificates of performance for the review and verification of the Frequency Date Time and Duration of advertisement broadcasts for any

candidate or political party Preserve the broadcast logs for a period of

three (3) years from the date of broadcast, for production before the COMELEC whenever required.

Certificate of Performance

Frequency of submissionNational

Positions

1st report

Within the 2nd week of campaign period

2nd report

Within the 6th week of campaign period

Within the 3rd week of campaign period

3rd report

Within the last week of campaign period

Last report

Within 2 days before election

Each broadcast station or entity shall Submit copy of contracts for political

advertisements to the EID Executive Director Law Department

Within 5 days after its signing Signed by donor, candidate concerned or

duly authorized representative of political party

No franchise or permit to operate a radio or television station shall, during the election period, be Granted Issued Suspended or Cancelled

No radio, cable television or television station shall Allow scheduling of any program or Permit any sponsor to manifestly favor or

oppose any candidate or political party by unduly or repeatedly referring to or including said candidate and/or political party in

such program without prejudice to the right of said

broadcast entities to air accounts of significant news or newsworthy events and views on matters of public interest.

All members of media, television, radio or print, shall Scrupulously report and Interpret the news

taking care not to suppress essential facts or distort the truth by omission or improper emphasis

Recognize the duty to air the other side and to correct substantive errors promptly

If there are violations of the provisions prescribed in these guidelines EID shall submit a report thereon to the

Law Department , together with the Corresponding copies of the contracts for

advertising Broadcast logs and Certificates of performance

For the filing of the appropriate charges against such violators

Right to reply Registered parties Bona fide candidates

have the right to reply to charges published against them.

Reply given publicity by Newspaper Television Radio station

which first printed/aired charges same prominence same page/section same time slot as the first statement.

Comelec space and timeTo announce candidacies for national offices

Medium Acquisition by Comelec

Allocation to

candidates

1st day 2nd day 3rd day

Print spac

At least 3 national

newspapers

Just compensation to publishers

Free, equal and impartial

3 calendar

Within 1st week of

campaign period

Within 5th week of

campaign period

Within 10th week

of campaign

period

Air Time

At least 3 national TV and 3 national

Free Free, equal and impartial

3 calendar

Within 1st week of

campaign period

Within 5th week of

campaign period

Within 10th week

of campaign

period

Comelec space and timeTo announce candidacies for national offices

Each advertisement, maximum of 30-second spot

Cost of production at expense of candidate or political party

Air time to be allocated through raffle by the Executive Director

Comelec space and timeTo disseminate Comelec information

Medium Acquisition by Comelec

Print Space At least 1 newspaper of

general circulation in province or city

Payment of just compensation

Air time At least 1 major broadcasting

station in province or city

Rates of political propaganda During the election period, media

outlet shall charge registered political parties and bona fide candidates a discounted rate of thirty percent (30%) for television twenty percent (20%) for radio ten percent (10%) for print

over the average rates charged during the first three quarters of the calendar year preceding the elections

Election surveys Who may conduct

Person (natural/juridical) Candidate Organization

When Election period

Election Survey Measurement of opinions and perceptions

of the voters as regards a candidate’s Popularity Qualifications Platforms

Matters of public discussion in relation to the election, including voters’ preference for candidates or publicly discussed issues during the campaign period.

Election surveys To be published with following

information: Name of person, candidate, party or

organization who commissioned or paid for the survey

Name of person, polling firm or survey organization who conducted the survey

Election surveys Period during which survey was

conducted Methodology used, including the

number of individual respondents Areas from which they were

selected Specific questions asked Margin of error of the survey Margin of error for each question

Election surveys Mailing address and telephone number

where the sponsor can be contacted to obtain a written report

The survey together with raw data gathered to support its conclusions shall be available for Inspection Copying, and Verification by the

COMELEC registered political party bona fide candidate, or any COMELEC – accredited citizen’s arm.

Election surveys A reasonable fee sufficient to cover

the costs of inspection, copying and verification may be charged

Surveys shall not be published fifteen (15) days before an election,

if affecting national candidates seven (7) days before an election, if

affecting local candidates

Exit Polls Species of electoral survey

conducted by qualified individuals for the purpose of determining the probable result of an election by confidentially asking randomly selected voters whom they have voted for, immediately after they have officially cast their ballots.

Exit pollsRequirements Result of the exit polls

May be announced after the closing of the polls on election day

Must identify the total number of respondents places where they were taken.

Said announcement shall state that the result is unofficial and does not represent a trend

Exit pollsRequirements Pollsters shall

Not conduct their surveys within fifty (50) meters from the polling place whether said survey is taken in a home,

dwelling place and other places Wear distinctive clothing Prominently wear their identification cards

issued by the organization they represent Inform the voters that they may refuse to

answer

Contractors/firms report of expenditures

Exact address of every Candidate Treasurer of political party Other persons making expenditures

Nature or purpose Date and cost

Report shall be signed and sworn to by Contractor Dealer or In case of business firm/association, by its

president or general manager

Contractors/firms report of expenditures Within thirty (30) days after the election,

every: Printer Manufacturer Seller or Other person or firm to whom an election

expenditure for election propaganda is made,

shall file with COMELEC a report showing the: Full name

Contractors/business firmsDuties Require every person making an

expenditure for and in behalf of a candidate or political party to Present Submit a written authority to incur

said expenditures

Contractors/business firmsDuties Keep and preserve at its place of business,

subject to inspection by the COMELEC or its authorized representatives copies of Written authority Contract Voucher Invoices Other records or documents

relative to said expenditures for a period of three (3) years after the date of the election.

Contractors/business firmsProhibition Enter any contract involving

election expenditures with representatives of candidates or political parties who do not have such written authority.

Authorized aggregate amount of election expenses

Official candidates of political parties

P3.00 per registered voter in constituency

Candidates not supported by any political party

Party-list candidates P5.00 per registered voter in constituency

Political parties and coalitions

Persons authorized to incur election expenditures Candidate Treasurer of a political party Any person authorized by said candidate

or political party The authority shall

Be in writing Be signed by the candidate or treasurer of the

political party, and State the full name and exact address of said

representative and the expenditures so authorized. Be attached to the statement of contributions or

expenditures

Effect of filing of certificate of candidacy by elective official

Any elective official, whether national or local, who has filed a certificate of candidacy for the same or any other office shall not be considered resigned from his office

Substitution of candidates In case of valid substitutions after the

official ballots have been printed, the votes cast for substituted candidates Shall be considered as stray votes but Shall not invalidate the whole ballot.

Official ballots (for automated system) shall provide spaces where the voters may write the name of the substitute candidates if they are voting for the latter If the substitute candidate is of the same

family name, this provision shall not apply

Deputized agencies Kapisanan ng mga Brodkasters ng

Pilipinas (KBP) Philippine Internet Service Operators

(PISO) Philippine Association of Private

Telephone Companies (PAPTELCO) Telecommunication Operators of the

Philippines (TOP) to conduct, in coordination with the

Education and Information Department, regular information campaign on the proper use of

any medium of communication including the broadcast and transmission of

information, during the campaign period

Election Offense

Violation of RA 9006 and these rules shall constitute an election offense

Any aggrieved party may file a verified complaint for violation of these rules with the Law Department of COMELEC

that’s all, folks

thank you and good day

The COMELEC Report

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