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Implementing Rules and Regulations for RA 9006, otherwise known as the Fair Election Act

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These rules define legal election propaganda, regulate the use of mass media for election campaigns, and generally govern the conduct of political campaigns in the run up to the 2016 National and Local Elections.
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Republic of the Philippines COMMISSION ON ELECTIONS Intramuros, Manila RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9006, OTHERWISE KNOWN AS THE “FAIR ELECTION ACT”, IN CONNECTION TO THE 09 MAY 2016 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS. x - - - - - - - - - - - - - - - - - - - - - - - x Bautista, J.A.D., Chairman Lim, C.R.S., Commissioner Parreño, A.A., Commissioner Guia, L.T.F., Commissioner Lim, A.D., Commissioner Guanzon, M.R.A.V., Commissioner Abas, S.M., Commissioner Promulgated: ______________________ RESOLUTION NO. 1 2 3 4 WHEREAS, Republic Act No. 9006 provides for the holding of free, orderly, honest, peaceful and credible 5 elections through fair election practices; 6 7 WHEREAS, the said Act allows the publication or broadcast, through mass media, of political 8 advertisements or propaganda for or against any candidate or political party; 9 10 WHEREAS, Section 3 of the said Act provides that election propaganda, whether on television, cable 11 television, radio newspapers or any other medium shall be subject to the supervision and regulation of 12 the Commission on Elections (hereafter, “COMELEC”); 13 14 WHEREAS, Section 6.4 of the said Act directs the COMELEC to supervise the use and employment of 15 press, radio and television facilities insofar as the placement of political advertisements is concerned so 16 as to give candidates equal opportunities under equal circumstances to make known their qualifications 17 and stand on public issues; 18 19 WHEREAS, Section 13 of the same Act requires the COMELEC to promulgate the necessary rules and 20 regulations for the implementation thereof; 21 22 NOW, THEREFORE, the COMELEC, by virtue of the powers vested in it by the Constitution, the Omnibus 23 Election Code, Republic Act Nos. 6646, 7166, 9006 and other related laws has RESOLVED, as it hereby 24 RESOLVES, to promulgate the following rules and regulations implementing the Fair Election Act. 25 26 SECTION 1. Definitions - As used in this Resolution: 27 28 1. The terms “blog” and “collective blog” refer to websites on which an individual or group of 29 users, respectively, record news, opinions, and information, in varying degrees of regularity. A 30
Transcript

Republic of the Philippines COMMISSION ON ELECTIONS

Intramuros, Manila

RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9006, OTHERWISE KNOWN AS THE “FAIR ELECTION ACT”, IN CONNECTION TO THE 09 MAY 2016 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS. x - - - - - - - - - - - - - - - - - - - - - - - x

Bautista, J.A.D., Chairman Lim, C.R.S., Commissioner Parreño, A.A., Commissioner Guia, L.T.F., Commissioner Lim, A.D., Commissioner Guanzon, M.R.A.V., Commissioner Abas, S.M., Commissioner Promulgated: ______________________

RESOLUTION NO. 1

2

3

4

WHEREAS, Republic Act No. 9006 provides for the holding of free, orderly, honest, peaceful and credible 5

elections through fair election practices; 6

7 WHEREAS, the said Act allows the publication or broadcast, through mass media, of political 8

advertisements or propaganda for or against any candidate or political party; 9

10

WHEREAS, Section 3 of the said Act provides that election propaganda, whether on television, cable 11

television, radio newspapers or any other medium shall be subject to the supervision and regulation of 12

the Commission on Elections (hereafter, “COMELEC”); 13

14

WHEREAS, Section 6.4 of the said Act directs the COMELEC to supervise the use and employment of 15

press, radio and television facilities insofar as the placement of political advertisements is concerned so 16

as to give candidates equal opportunities under equal circumstances to make known their qualifications 17 and stand on public issues; 18

19

WHEREAS, Section 13 of the same Act requires the COMELEC to promulgate the necessary rules and 20

regulations for the implementation thereof; 21

22

NOW, THEREFORE, the COMELEC, by virtue of the powers vested in it by the Constitution, the Omnibus 23

Election Code, Republic Act Nos. 6646, 7166, 9006 and other related laws has RESOLVED, as it hereby 24

RESOLVES, to promulgate the following rules and regulations implementing the Fair Election Act. 25

26

SECTION 1. Definitions - As used in this Resolution: 27 28

1. The terms “blog” and “collective blog” refer to websites on which an individual or group of 29

users, respectively, record news, opinions, and information, in varying degrees of regularity. A 30

2

“micro-blog” refers to a blogging format which allows users to exchange small elements of 31

content – referred to variously as posts or status updates – such as short sentences, individual 32

images, or links to video material uploaded to the Internet. 33

34

2. The term “candidate” refers to any person seeking an elective public office, who has filed his 35 certificate of candidacy, and who has not died, withdrawn his certificate of candidacy, had his 36

certificate of candidacy denied due course or cancelled, or has been otherwise disqualified 37

before the start of the campaign period for which he filed his certificate of candidacy. Provided, 38

that, unlawful acts or omissions applicable to a candidate shall take effect only upon the start of 39

the aforesaid campaign period. 40

41

It also refers to any registered national, regional, or sectoral party, organization or coalition 42

thereof that has filed a manifestation of intent to participate under the party-list system, which 43

has not withdrawn the said manifestation, or which has not been disqualified before the start of 44

the campaign period. 45 46

3. The terms “contractors and business firms” refer to any person, natural or juridical, or firm to 47

whom any electoral expenditure is made. [OEC, Section 112][Resolution No. 9991] 48

49

4. The term “election campaign” or “partisan political activity” refers to an act designed to 50

promote the election or defeat of a particular candidate or candidates to a public office, and 51

shall include any of the following: 52

53

a. Forming organizations, associations, clubs, committees or other groups of persons for 54

the purpose of soliciting votes and/or undertaking any campaign for or against a 55 candidate; 56

b. Holding political caucuses, conferences, meetings, rallies, parades or other similar 57

assemblies for the purpose of soliciting votes and/or undertaking any campaign or 58

propaganda for or against a candidate; 59

c. Making speeches, announcements or commentaries, or holding interviews for or against 60

the election of any candidate for public office; 61

d. Publishing or distributing campaign literature or materials designed to support or 62

oppose the election of any candidate; or 63

e. Directly or indirectly soliciting votes, pledges or support for or against any candidate. 64

65 Personal opinions, views, and preferences for candidates, contained in blogs shall not be 66

considered acts of election campaigning or partisan political activity unless expressed by 67

government officials in the Executive Department, the Legislative Department, the Judiciary, the 68

Constitutional Commissions, and members of the Civil Service. 69

70

5. The term “election survey” refers to the measurement of opinions and perceptions of the voters 71

as regards a candidate’s popularity, qualifications, platforms or matters of public discussion in 72

relation to the election, including voters’ preference for candidates or publicly discussed issues 73

during the campaign period. 74

75 6. The term “exit polls” refers to a species of election survey conducted by a qualified individual or 76

a group of individuals for the purpose of determining the probable result of an election by 77

3

confidentially asking randomly selected voters for the names of candidates they have voted for, 78

immediately after they have officially cast their ballots. 79

80

7. The term “media practitioner” refers to a person who is not employed by a media entity but 81

performs similar functions or has control over what is printed or broadcast such as a talent or a 82 block timer. 83

84

Persons who create online content for personal or collective blogs and micro-blogs shall be 85

considered media practitioners for purposes of these Rules. 86

87

8. The term “mass media entities” shall include entities in broadcast media, print media, outdoor 88

media, and digital media (both Internet and mobile mass media).[Resolution No. 9991] 89

90

9. The term “party” refers to either a political party, sectoral party or a coalition of parties, and 91

party-list organizations duly registered/accredited with the COMELEC. 92 93

10. The term “political advertisement” or “election propaganda” refers to any matter broadcasted, 94

published, printed, displayed or exhibited, in any medium, which contain the name, image, logo, 95

brand, insignia, color motif, initials, and other symbol or graphic representation that is capable 96

of being associated with a candidate or party, and is intended to draw the attention of the 97

public or a segment thereof to promote or oppose, directly or indirectly, the election of the said 98

candidate or candidates to a public office. In broadcast media, political advertisements may 99

take the form of spots, appearances on TV shows and radio programs, live or taped 100

announcements, teasers, and other forms of advertising messages or announcements used by 101

commercial advertisers. 102 103

Political advertising includes matters, not falling within the scope of personal opinion, that 104

appear on any Internet website, including, but not limited to, social networks, blogging sites, 105

and micro-blogging sites, in return for consideration, or otherwise capable of pecuniary 106

estimation. 107

108

SECTION 2.Campaign Periods. - For purposes of the 9 May 2016 National and Local Elections, the 109

campaign periods shall be: 110

111

Elective Office Start End

Candidates for President, Vice President, Senator & Party-List groups participating in the party-list system of representation

09 February 2016 (Tuesday)

07 May 2016 (Saturday)

Candidates for Members of the House of Representatives, regional, provincial, city and municipal officials

25 March 2016 (Friday)

07 May 2016 (Saturday)

112

For subsequent elections, the campaign period shall be that prescribed by the COMELEC. 113

114

SECTION 3.Prohibited Campaigning. - It is unlawful for any person, whether or not a voter or a 115

candidate, or for any political party, or association of persons to engage in an election campaign or 116

partisan political activity on Maundy Thursday, Good Friday, eve of Election Day, and on Election Day. 117

118

4

For purposes of the 09 May 2016 National and Local Elections, campaigning is prohibited on 24 March 119

2016 (Maundy Thursday), 25March 2016 (Good Friday), 08 May 2016 (eve of election day), and 09 May 120

2016 (election day). 121

122

SECTION 4.Prohibition against Foreign Intervention. - It is unlawful for any foreigner, whether juridical or 123 natural person, to aid any candidate, or political party, organization or coalition, directly or indirectly, or 124

to take part in, or influence in any manner, any election, or to contribute or make any expenditure in 125

connection with any election campaign or partisan political activity. 126

127

SECTION 5.Authorized Expenses of Candidates and Parties. - The aggregate amount that a candidate or 128

party may spend for election campaign shall be as follows: 129

130

a. Candidates for President and Vice-President – Ten pesos (P10.00) for every registered voter 131

b. For other candidates - Three pesos (P3.00) for every voter currently registered in the 132

constituency where the candidate filed his certificate of candidacy; 133 c. For candidates without any political party and without support from any political party – Five 134

pesos (P5.00) for every voter currently registered in the constituency where the candidate filed 135

his certificate of candidacy. 136

137

d. For Political Parties and party-list groups – Five pesos (P5.00) for every voter currently registered 138

in the constituency or constituencies where it has official candidates. 139

140

SECTION 6.Lawful Election Propaganda. - Election propaganda, whether on television or cable television, 141

radio, newspaper or any other medium, is hereby allowed for all parties and for all bona fide candidates 142

seeking national and local elective positions subject to the limitation on authorized expenses of 143 candidates and parties, observation of truth in advertising, and to the supervision and regulation by the 144

COMELEC. 145

146

Lawful election propaganda shall include: 147

148

a. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which 149

does not exceed eight and one-half inches (8 ½”) in width and fourteen inches (14”) in length; 150

151

b. Handwritten or printed letters urging voters to vote for or against any particular political party 152

or candidate for public office; 153 154

c. Posters made of cloth, paper, cardboard or any other material, whether framed or posted, with 155

an area not exceeding twofeet (2') by threefeet (3'); 156

157

d. Streamers not exceeding three feet (3’) by eight feet (8’) in size displayed at the site and on the 158

occasion of a public meeting or rally. Said streamers may be displayed five (5) days before the 159

date of the meeting or rally and shall be removed within twenty-four (24) hours after said 160

meeting or rally; 161

162

e. Mobile units, vehicles motorcades of all types, whether engine or manpower driven or animal 163 drawn, with or without sound systems or loud speakers and with or without lights; 164

165

5

f. Paid advertisements in print or broadcast media subject to the requirements set forth in Section 166

9 hereof and Republic Act No. 9006; 167

168

g. In headquarters or residences of candidates, lawful election paraphernalia may be displayed, 169

but banners or streamers referred to in paragraph (d) above shall not be allowed; 170 171

h. All other forms of election propaganda not prohibited by the Omnibus Election Code or these 172

rules. 173

174

Parties and candidates are hereby encouraged to use recyclable and environment-friendly 175

materials and avoid those that contain hazardous chemicals and substances in the production of their 176

campaign and election propaganda. 177

178

Parties are required to indicate in their campaign materials the phrase: “This material should be 179

recycled”. In local government units where local legislation governing the use of plastic and other similar 180 materials exist, parties and candidates shall comply with the same. 181

182

SECTION 7.Prohibited Forms of Election Propaganda. - During the campaign period, it is unlawful: 183

184

a. To print, publish, post or distribute any newspaper, newsletter, newsweekly, gazette or 185

magazine advertising, pamphlet, leaflet, card, decal, bumper sticker, poster, comic book, 186

circular, handbill, streamer, sample list of candidates or any published or printed political matter 187

and to air or broadcast any election propaganda or political advertisement by television or radio 188

or on the internet for or against a candidate or group of candidates to any public office, unless 189

they bear and be identified by the reasonably legible, or audible words “political advertisement 190 paid for,” followed by the true and correct name and address of the candidate or party for 191

whose benefit the election propaganda was printed or aired. It shall likewise be unlawful to 192

publish, print or distribute said campaign materials unless they bear, and are identified by, the 193

reasonably legible, or audible words “political advertisements paid by,” followed by the true and 194

correct name and address of the payor. 195

196

b. To print, publish, broadcast or exhibit any such election propaganda donated or given free of 197

charge by any person or publishing firm or broadcast entity to a candidate or party without the 198

written acceptance by the said candidate or party and unless they bear and be identified by the 199

words "printed free of charge,” or “airtime for this broadcast was provided free of charge by”, 200 respectively, followed by the true and correct name and address of the said publishing firm or 201

broadcast entity; 202

203

c. To show, display or exhibit publicly in a theater, television station, or any public forum any 204

movie, cinematography or documentary portraying the life or biography of a candidate, or in 205

which a character is portrayed by an actor or media personality who is himself a candidate; 206

207

d. For any newspaper or publication, radio, television or cable television station, or other mass 208

media, or any person making use of the mass media to sell or give free of charge print space or 209

airtime for campaign or election propaganda purposes to any candidate or party in excess of the 210 size, duration or frequency authorized by law or these rules; 211

212

6

e. For any radio, television, cable television station, announcer or broadcaster to allow the 213

scheduling of any program, or permit any sponsor to manifestly favor or oppose any candidate 214

or party by unduly or repeatedly referring to, or unnecessarily mentioning his name, or including 215

therein said candidate or party; and 216

217 f. To post, display or exhibit any election campaign or propaganda material outside of authorized 218

common poster areas, in public places, or in private properties without the consent of the 219

owner thereof. 220

221

g. Public places referred to in the subsection (f) above, include any of the following: 222

223

1. Electronic announcement boards, such as LED display boards located along highways and 224

streets, LCD TV displays posted on walls of public buildings, and other similar devices 225

which are owned by local government units, government-owned and controlled 226

corporations, or any agency or instrumentality of the Government; 227 228

2. Motor vehicles used as patrol cars, ambulances, and for other similar purposes that are 229

owned by local government units, government-owned and controlled corporations, and 230

other agencies and instrumentalities of the Government, particularly those bearing red 231

license plates; 232

233

3. Waiting sheds, sidewalks, street and lamp posts, electric posts and wires, traffic signages 234

and other signboards erected on public property, pedestrian overpasses and 235

underpasses, flyovers and underpasses, bridges, main thoroughfares, center islands of 236

roads and highways; 237 238

4. Schools, shrines, barangay halls, health centers, public structures and buildings or any; 239

240

The printing press, printer, or publisher who prints, reproduces or publishes said 241

campaign materials, and the broadcaster, station manager, owner of the radio or 242

television station, or owner or administrator of any website who airs or shows the 243

political advertisements, without the required data or in violation of these rules shall be 244

criminally liable with the candidate and, if applicable, further suffer the penalties of 245

suspension or revocation of franchise or permit in accordance with law. 246

247 SECTION 8.Petition for Authority to Use Other Election Propaganda. - Any person seeking authority to 248

use other forms of election propaganda not covered by those enumerated in Sec. 6 hereof and not 249

prohibited by law may file with the COMELEC, through the Clerk of the Commission, a verified petition in 250

eight (8) legible copies, describing the election propaganda sought to be authorized with samples 251

thereof. 252

253

Upon receipt of the petition, the Clerk of the Commission shall set it for hearing and shall send notice 254

thereof to the petitioner. On the day following the receipt of the notice of hearing, the petitioner shall 255

cause the publication of the petition, together with the notice of hearing, in two (2) newspapers of 256

general circulation, notifying the COMELEC of such action. 257 258

7

If the COMELEC authorizes the use of the requested election propaganda, the authorization shall be 259

published in two (2) newspapers of general circulation within one (1) week after the authorization has 260

been granted. 261

262

SECTION 9.Requirements and/or Limitations on the Use of Election Propaganda through Mass Media.- 263 All parties and bona fide candidates shall have equal access to media time and space for their election 264

propaganda during the campaign period subject to the following requirements and/or limitations: 265

266

a. Broadcast Election Propaganda 267

268

The duration of air time that a candidate, or party may use for their broadcast advertisements 269

or election propaganda shall be, as follows: 270

271

For Candidates/Registered Political parties for a National Elective Position

Not more than a total of one hundred twenty (120) minutesof television advertising, on a per station basis, whether appearing on national, regional, or local, free or cable television, and one hundred eighty (180) minutes of radio advertising, on a per station basis, whether airing on national, regional, or local radio, whether by purchase or donation.

For Candidates/Registered Political parties for a Local Elective Position

Not more than a total of sixty (60) minutes oftelevision advertising, on a per station basis, whether appearing on national, regional, or local, free or cable television, and ninety (90) minutes of radio advertising, on a per station basis, whether airing on national, regional, or local radio, whether by purchase or donation.

272 In cases where two or more candidates or parties whose names, initials, images, brands, logos, insignias, 273

color motifs, symbols, or forms of graphical representations are displayed, exhibited, used, or 274

mentioned together in the broadcast election propaganda or advertisements, the length of time during 275

which they appear or are being mentioned or promoted will be counted against the airtime limits 276

allotted for the said candidates or parties and the cost of the said advertisement will likewise be 277

considered as their expenditures, regardless of whoever paid for the advertisements or to whom the 278

said advertisements were donated. 279

280

Appearance or guesting by a candidate on any bona fide newscast, bona fide news interview, bona fide 281

news documentary, if the appearance of the candidate is incidental to the presentation of the subject or 282 subjects covered by the news documentary, or on-the-spot coverage of bona fide news events, including 283

but not limited to events sanctioned by the COMELEC, political conventions, and similar activities, shall 284

not be deemed to be broadcast election propaganda within the meaning of this provision. For purposes 285

of monitoring by the COMELEC and ensuring that parties and candidates were afforded equal 286

opportunities to promote their candidacy, the media entity shall give prior notice to the COMELEC, 287

through the appropriate Regional Election Director (RED), or in the case of the National Capital Region 288

(NCR), the Education and Information Department. If such prior notice is not feasible or practicable, the 289

notice shall be sent within twenty-four (24) hours from the first broadcast or publication. Nothing in the 290

8

foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of 291

newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from the 292

obligation imposed upon them under Sections 10 and 14 of these Rules.[Resolution 6731] 293

294

b. Printed or Published Election Propaganda 295 296

The maximum size of print advertisements for each candidate, whether for a national or local elective 297

positions, or party shall be, as follows: 298

299

In broadsheets One fourth (1/4) page

In tabloids One half (1/2) page

300

Said print advertisement, whether procured by purchase, or given free of charge, shall not be published 301

more than three times a week per newspaper, magazine, or other publication during the campaign 302

period. 303

304

In case a candidate does not avail of the thrice a week right to have his advertisement published in a 305

newspaper or tabloid, the “unused” right for a certain week may be carried over to another week at the 306

option of the candidate. 307

308 Moreover, candidates for national and local positions are permitted to cumulate their one fourth (1/4) 309

or one-half (1/2) page allocation, as the case may be, in a one-page advertisement. 310

311

c. Online Election Propaganda 312

313

The maximum size of online propaganda for each candidate, whether for a national or local elective 314

position, or party shall be as follows: 315

316

Name Width/pixels Height/pixels Aspect Ratio

Rectangles and Pop-ups

Medium 300 250 1.2

Square Pop-up 250 250 1

Vertical Rectangle 240 400 1.67

Large Rectangle 336 280 1.2

Rectangle 180 150 1.2

3:1 Rectangle 300 100 3

Pop-Under 720 300 2.4

Banners and Buttons

Full Banner 468 60 7.8

Half Banner 234 60 3.9

Micro-Bar 88 31 2.84

Button 1 120 90 1.33

Button 2 120 60 2

Vertical Banner 120 240 2

Square Button 125 125 1

Leaderboard 728 90 8.09

Skyscrapers

9

Wide skyscraper 160 600 3.75

Skyscraper 120 600 5

Half-Page ad 300 600 2

317

Said online advertisement, whether procured by purchase, or given free of charge, shall not be 318

published more than three times a week per website during the campaign period. For this 319

purpose, the exhibition or display of the online advertisement for any length of time, regardless 320

of frequency, within a 24 hour period, shall be construed as one instance of publication. 321

322

d. Common requirements/limitations: 323

324

1. Any printed or published, and broadcast election propaganda for or against a candidate or group 325 of candidates to any public office shall bear and be identified by the reasonably legible or 326

audible words “political advertisement paid for,” followed by the true and correct name and 327

address of the candidate or party whose benefit the election propaganda was printed or aired. 328

It must also bear, and be identified by, the reasonably legible, or audible words “political 329

advertisement paid by,” followed by the true and correct name and address of the payor. This 330

rule shall apply to online advertisements. 331

332

2. If the printed or published election propaganda is donated by the publishing firm, or the 333

broadcast election propaganda is given free of charge by the radio, or television station or cable 334

television, it shall bear and be identified by the reasonably legible or audible words “printed free 335 of charge,” or “airtime for this broadcast was provided free of charge by,” respectively, followed 336

by the true and correct name and address of the said publishing firm or broadcast entity. This 337

rule shall apply to online advertisements. 338

339

3. For the above purpose, each broadcast entity and website owner or administrator shall submit 340

to the COMELEC a certified true copy of its broadcast logs, certificates of performance, or other 341

analogous record, including certificates of acceptance as required in Section 7(b) of these 342

Guidelines, for the review and verification of the frequency, date, time and duration of 343

advertisements aired for any candidate or party through: 344 345

For Broadcast Entities in the NCR - The Education and Information Department which in turn 346

shall furnish copies thereof to the Campaign Finance Office of the COMELEC within five days 347

from receipt thereof. 348

349

For Broadcast Entities outside of the NCR - The City/Municipal Election Officer concerned, who 350

in turn, shall furnish copies thereof to the Education and Information Department of the 351

Commission which in turn shall furnish copies thereof to the Campaign Finance Office of the 352

COMELEC within five (5) days from the receipt thereof. 353

354 For website owners or administrators – The City/Municipal Election Officer concerned, who in 355

turn, shall furnish copies thereof to the Education and Information Department of the COMELEC 356

which in turn shall furnish copies thereof to the Campaign Finance Office of the COMELEC within 357

five (5) days from the receipt thereof. 358

359

All broadcast entities shall preserve their broadcast logs for a period of five (5) years from the 360

date of broadcast for submission to the COMELEC whenever required. 361

10

362

Certified true copies of broadcast logs, certificates of performance, and certificates of 363

acceptance, or other analogous record shall be submitted, as follows: 364

365

Candidates for National Positions

1st Report 3 weeks after start of campaign period

March 4 - 11

2nd Report 3 weeks after 1st filing week April 3 - 10

3rd Report 1 week before election day May 2 - 9

Last Report Election week May 14 - 17

Candidates for Local Positions

1st Report 1 week after start of campaign period

April 15 - 22

2nd Report 1 week after 1st filing week April 30 - May 8

3rd Report Election week May 9 - 15

Last Report 1 week after election day May 16 - 22

366

367

For subsequent elections, the schedule for the submission of reports shall be prescribed by the 368

COMELEC. 369

370

SECTION 10.Written Acceptance of Election Propaganda and/or Political Advertisements. –Election 371 propaganda materials donated or contributed by any person to a candidate or party shall not be printed, 372

published or broadcasted, or exhibited, unless it is accompanied by the written acceptance by said 373

candidate or party, through the party treasurer. 374

375

Such written acceptance of the donated election propaganda materials must be personal to the 376

candidate or party treasurer, and cannot be delegated to their duly authorized representatives 377

designated to receive donations or contributions. 378

379

SECTION 11.Reporting Requirements to be Submitted by Mass Media Entities, Contractors and Business 380

Firms.-Pursuant to Resolution No. 9991 or the “Omnibus Rules & Regulations Governing Campaign 381 Finance & Disclosure in connection with the 09 May 2016 National and Local Elections and All 382

Subsequent National & Local Elections Thereafter” promulgated on 02 October 2015, the following 383

should be submitted to the COMELEC: 384

385

a. For Mass Media Entities: a clear and legible copy of the broadcast advertisement contract and 386

all other contracts for advertising, promoting, or opposing any political party or the candidacy of any 387

person for public office must be furnished to the COMELEC, thru the Education and Information 388

Department, within five (5) days after the contract signing. 389

390

All copies of advertising contracts must be clear, legible, encoded, and must be accompanied by 391 a Summary Report of Advertising Contracts (prescribed Form SAC), which will serve as a cover report for 392

all the advertising contracts submitted by the mass media entity on that day. 393

394

The copy of advertising contracts attached to Form SAC must be clear and legible and must 395

contain the following information: 396

397

11

i. the period when the political advertisement is scheduled to be published, 398

broadcasted, or exhibited; 399

ii. the date when the contract was entered into; 400

iii. the name and signature of the person who placed the advertisement, regardless of 401

whether said person is a contributor or donor, or the duly authorized representative 402 of the candidate or party; 403

iv. the name and signature of the candidate or party who will benefit from the 404

advertisement as a sign of acceptance; 405

v. the particulars of the political advertisement (e.g. the size of the advertisement as 406

published on periodicals, duration of the advertisement as published on periodicals, 407

duration of the advertisement in terms of airtime, frequency, number of spots, and 408

program or timeslot, etc.); 409

vi. the serial number of the official receipt issued to the candidate or party by the mass 410

media entity; and 411

vii. the amount or consideration paid for the advertisement contract. 412 413

It must likewise be supported by a copy of the official receipt issued to the contributor or donor, 414

candidate or party, who paid for the advertising contract. 415

416

Mass media entities with offices within the National Capital Region (NCR) must make their 417

submissions directly to the Campaign Finance Office (CFO) of the COMELEC. For mass media entities 418

located outside of the NCR, they must furnish a copy of the advertising contracts in accordance with the 419

formal requirements stated in Resolution No. 9991 to the nearest Office of the Regional Director (ORED) 420

or Office of the Provincial Supervisor (OPES). Said COMELEC Field Officer shall then be responsible for 421

sending the soft copy of said submissions via e-mail within twenty four (24) hours upon receipt. 422 423

It shall be the duty of the Campaign Finance Office in case of national candidates and parties, 424

and the concerned COMELEC Field Officer for local candidates and parties, to formally notify mass media 425

entities that the latter’s failure to comply with the mandatory provisions of this Section shall be 426

considered an election offense punishable pursuant to Section 13 of the Republic Act No. 9006. 427

428

b. For Mass Media Entities, Contractors and Business Firms:every person giving a contribution, 429

whether in cash or in kind, to any candidate, political party or party-list group or their duly authorized 430

representatives, shall file with the nearest COMELEC Field Office a Report of Contributions, in duplicate, 431

within thirty (30) days following the day of the election. 432 433

The forms, contents, and venue for filing of the Report of Contributions shall be those provided 434

in Section 2, Rule 5, of Resolution No. 9991. 435

436

The candidates, political party, or party-list group who received the contributions, whether in 437

cash or in kind, may file the Reports of Contributions together with their campaign finance submissions 438

on behalf of their donors and contributors. 439

440

Failure of the contributors or donors to comply with this Section, in connection with Section 1 441

Rule 5 of Resolution No. 9991, shall constitute an election offense under Section 99 in relation to Section 442 262 of the Omnibus Election Code. 443

444

12

SECTION 12.Fair and Accurate Reporting. - All members of the news media, television, radio, print, or 445

online, shall scrupulously report and interpret the news, taking care not to suppress essential facts or 446

distort the truth by omission or improper emphasis. They shall recognize the duty to air the other side 447

and the duty to correct substantive errors promptly without prejudice to the right of said broadcast 448

entities to air accounts of significant news or newsworthy events and views on matters of public 449 interest. [RA 9006, Sec. 6.5] 450

451

SECTION 13.No Suspension of Franchise. - No franchise or permit to operate a radio or television station 452

shall be granted or issued, suspended or cancelled during the election period. 453

454

SECTION 14.COMELEC Space and Time for Announcement of Candidates. - The COMELEC shall procure 455

print space and air time as follows: 456

457

a. Print Space 458

459 The COMELEC shall, through the Education and Information Department, upon payment of just 460

compensation, procure print space in at least three (3) national newspapers of general 461

circulation wherein candidates for national office can announce their candidacies. Such space 462

shall be allocated free of charge equally and impartially to all candidates for national office on 463

three different calendar days, as follows: 464

465

1st day – within the first week of the campaign period; 466

2nd day – within the fifth week of the campaign period; 467

3rd day - within the tenth week of the campaign period. 468

469 b. Air Time 470

471

The COMELEC shall, through the Education and Information Department, also procure free air 472

time from at least three (3) national television networks and three (3) national radio networks 473

wherein candidates for national office can announce their candidacies. 474

475

Air time shall be allocated free of charge equally and impartially to all candidates for national 476

office on three (3) different calendar days, as follows: 477

478

1st day – within the first week of the campaign period; 479 2nd day – within the fifth week of the campaign period; 480

3rd day - within the tenth week of the campaign period. 481

482

Each advertisement shall be in the form of a maximum of thirty (30) seconds spot, or in the form 483

of interviews or campaign speeches at time limits to be set by the COMELEC in consultation with 484

the said candidates or the parties; 485

486

Costs of production of political advertisement shall be at the expense of the candidate or 487

political party, but the speeches or interviews shall be free of charge and the moderator shall be 488

a COMELEC Official or one designated by the COMELEC for the purpose. 489 490

SECTION 15.COMELEC Space and Time for COMELEC Information Dissemination. - The COMELEC shall 491

furthermore procure print space and air time as follows: 492

13

493

a. Print Space 494

495

The COMELEC shall, through the Regional Election Director (RED), or in the case of the National 496

Capital Region (NCR), the Education and Information Department, upon payment of just 497 compensation, procure print space in at least one (1) newspaper of general circulation in the 498

province or city which shall be known as COMELEC Space to be utilized exclusively for public 499

information dissemination on election-related concerns. In the absence of said newspaper of 500

general circulation, publication shall be done in any other magazine or periodical in the province 501

or city. 502

503

b. Airtime 504

505

The COMELEC shall, through the Regional Election Director (RED), or in the case of National 506

Capital Region (NCR), the Education and Information Department, also procure air time free of 507 charge in at least one (1) major broadcasting station or entity in every province or city which 508

shall be known as COMELEC Time to be utilized exclusively for public information dissemination 509

on election-related concerns. In the absence of a major station or entity, broadcasting shall be 510

done in any radio or television station in the province or city. 511

512

Each radio, television or broadcasting station chosen by the Regional Election Director or the 513

Director of the Education and Information Department, as the case may be, shall provide airtime 514

including primetime at least sixty (60) minutes daily. [RA 9006, Section 8] 515

516

SECTION 16.Right to Reply - All registered parties and bona fide candidates shall have the right to reply 517 to charges published or aired against them. The reply shall be given publicity by the newspaper, 518

television, and/or radio station which first printed or aired the charges with the same prominence or in 519

the same page or section, or in the same time slot as the first statement. 520

521

Registered parties and bona fide candidates may invoke the right to reply by submitting within a non-522

extendible period of thirty-six (36) hours from first broadcast or publication, a formal verified claim 523

against the media outlet to the COMELEC, through the appropriate RED, or in the case of the NCR, the 524

EID. The claim shall include a detailed enumeration of the circumstances and occurrences which 525

warrant the invocation of the right of reply and must be accompanied by supporting evidence, such as a 526

copy of the publication or recording of the television or radio broadcast, as the case may be. The 527 claimant must likewise furnish a copy of the verified claim and its attachments to the media outlet 528

concerned prior to the filing of the claim with the COMELEC. 529

530

The COMELEC, through the appropriate RED or the Education and Information Department, shall review 531

the formal verified claim within thirty-six (36) hours from receipt thereof, and if circumstances warrant, 532

endorse the same to the media outlet involved, which shall, within twenty-four (24) hours, submit its 533

report to the RED or EID, as the case maybe, explaining the action it has taken to address the claim. The 534

media outlet must likewise furnish a copy of the said report to the claimant invoking the right to reply. 535

536

Should the claimant insist that his/her right to reply was not addressed, he/she may file the appropriate 537 petition and/or complaint before the COMELEC, Intramuros, Manila. [RA 9006, Section 10] 538

539

14

SECTION 17.Rates for Political Propaganda. - During the election period, media outlets shall charge 540

parties and bona fide candidates a discounted rate for their election propaganda over the average rates 541

charged during the first three (3) quarters of the calendar year preceding the elections, as follows: 542

543

a. For television - Thirty percent (30%); 544 b. For radio – Twenty percent (20%); 545

c. For print - Ten percent (10%) 546

547

SECTION 18.Regulation of Election Propaganda through Mass Media. - In all instances, the COMELEC 548

shall supervise the use and employment of press, radio, online, and television facilities insofar as the 549

placement of political advertisements is concerned to ensure that candidates are given equal 550

opportunities under equal circumstances to make known their qualifications and their stand on public 551

issues within the limits set forth in the Omnibus Election Code, Republic Act No. 9006, and these rules. 552

553

SECTION 19.Posting of Campaign Materials. - Parties and candidates may post any lawful campaign 554 material in: 555

556

a. Authorized common poster areas in public places subject to the requirements and/or limitations 557

set forth in the next following section; and 558

559

b. Private places provided it has the consent of the owner thereof. 560

561

The posting of campaign materials in public places outside of the designated common poster 562

areas, on private property without the consent of the owner, and in those enumerated under 563

Section 7 (g) of these Rules and the like, is prohibited. Persons posting the same shall be liable 564 together with the candidates and other persons who caused the posting. It will be presumed 565

that the candidates and parties caused the posting of campaign materials outside the common 566

poster areas if they do not remove the same within three (3) days from notice which shall be 567

issued by the Election Officer of the city or municipality where the unlawful election propaganda 568

are posted or displayed. 569

570

Members of the PNP and other law enforcement agencies called upon by the Election Officer or 571

other officials of the COMELEC shall apprehend the violators caught in the act, and file the 572

appropriate charges against them. 573

574 SECTION 20.Common Poster Areas. - Parties and independent candidates may, upon authority of the 575

COMELEC, through the City or Municipal Election Officer concerned, erect, at their expense, common 576

poster areas wherein they can post, display, or exhibit their election propaganda to announce or further 577

their candidacy subject to the following requirements and/or limitations: 578

579

a. A common poster area does not refer to a post, a tree, the wall of a building or an existing public 580

structure that is in active use, but a structure, the location and number of which are specified 581

below, that is temporarily set up by the candidates or political parties for the exclusive purpose 582

of displaying their campaign posters; 583

584 b. In no instance shall an Election Officer designate any trees, flowering plants, shrubs located 585

along public roads, in plazas, parks, school premises or in any other public grounds as common 586

poster areas. In cases where parties and candidates still persist in displaying, posting, or 587

15

exhibiting of their campaign or election propaganda on trees and plants, they shall be 588

prosecuted for violation of these Rules, without prejudice to the institution of a criminal 589

complaint for the violation of Republic Act No. 3571. 590

591

c. Each party and independent candidate, with prior consent from the COMELEC, may put up 592 common poster areas in every barangay, subject to the following conditions: 593

594

5,000 registered voters or less 1 common poster area

For every increment of 5,000 registered voters, or a fraction thereof, thereafter

1 additional common poster area

595

d. Such common poster areas shall be allowed by the Election Officer only in selected public places 596

such as plazas, markets, barangay centers and the like where posters may be readily seen or 597

read, with the heaviest pedestrian and/or vehicular traffic in the city or municipality; 598

599

e. The Election Officer shall make, and post in his office, a list of the common poster areas in each 600

city or legislative district in said city or municipality, indicating therein their exact locations, and 601

furnish each political party or candidate copies of said list at the latter’s expense, and also the 602

Provincial Election Supervisor and the Director IV of the Education and Information Department; 603

604 f. The Election Officer shall comply with his obligations in the immediately preceding paragraph 605

not later than five (5) days before the start of the campaign period for national elections and 606

failure to do so shall make him liable for gross neglect of duty; 607

608

g. The size of each common poster area shall not exceed the following dimensions: 609

610

a. For political parties and party-list groups. – twelve (12) by sixteen (16) feet, or its 611

equivalent but not exceeding a total area of 192 square feet; and 612

b. For independent candidates – four (4) by six (6) feet or its equivalent but not exceeding 613

a total area of twenty four (24) square feet. 614 615

h. The individual posters that may be posted in each common poster areas shall not exceed two (2) 616

by three (3) feet. However, in case of space limitations, posters of candidates of political parties 617

may be reduced to a uniform size to accommodate all candidates. This regulation is also 618

violated by making single letters of names having the maximum size or lesser and then putting 619

them together to form a size exceeding two (2) by three (3) feet; 620

621

i. The individual posters posted in the poster areas shall contain the phrase: “This material should 622

be recycled”. 623

624 j. The common poster areas allocated to parties and independent candidates shall not be used by 625

other parties and independent candidates even with the consent of the former; 626

627

k. The common poster areas put up for party-list groups, organizations and/or coalitions thereof 628

shall be allocated at the rate of one (1) common poster area for every thirty-two (32) party-list 629

groups, organizations and/or coalitions thereof; 630

631

16

l. In case there are less than thirty-two (32) party-list groups, organizations and/or coalitions 632

thereof, applying to put up the common poster areas, the Election Officer concerned shall 633

reduce the size of the common poster area depending on the total number of applicants 634

thereof, provided that each group is entitled to post one two (2) feet by three (3) feet poster; 635

636 m. In case there are more than thirty-two (32) party-list groups, organizations and/or coalitions 637

applying to put up common poster areas, the Election Officer concerned shall determine the 638

appropriate number and size of common poster areas to equitably accommodate the total 639

number of applicants, subject to the provisions of the immediately two (2) preceding 640

paragraphs; 641

642

n. Parties and independent candidates shall file their applications to erect common poster areas 643

with the Officer of the City/Municipal Election Officer concerned within five (5) days from the 644

effectivity of this Resolution; otherwise they must accept the listing prepared by the Election 645

Officer. 646 647

o. Within five (5) days after the elections and without need of notice, the parties and candidates 648

which applied for the putting up of common poster areas shall tear down the same at their own 649

expense and restore the site into its original condition. Non-performance of this obligation shall 650

be deemed a violation of the law and regulation on the observance of common poster areas for 651

which the candidate and party concerned shall be liable. 652

653

p. No lawful election propaganda materials shall be allowed outside the common poster areas 654

except private properties with the consent of the owner or in such other places mentioned in 655

these Rules. Any violation hereof shall be punishable as an election offense. 656 657

q. In all cases, the parties shall agree among themselves how their individual posters in the 658

common poster areas shall be placed. In case no agreement is reached, the Election Officer 659

concerned shall determine said placement by the drawing of lots. 660

661

r. The Election Officer shall act on all applications for common poster areas within three (3) days 662

from receipt thereof. For this purpose, he shall determine whether the proposed common 663

poster area sites are public places with heavy pedestrian or vehicular traffic, or business or 664

commercial centers, or densely populated areas, and equitably and impartially allocate the sites 665

to ensure maximum exposure of the lawful propaganda materials of all parties and independent 666 candidates. 667

668

s. Any party or independent candidate aggrieved by the action of the Election Officer may appeal 669

the same within two (2) days from receipt of the order of said Election Officer to: 670

671

1. The Provincial Election Supervisors (PES); or 672

2. The Regional Election Director (RED), in the case of the National Capital Region (NCR). 673

674

t. The Provincial Election Supervisor (PES) or Regional Election Director (RED) concerned shall 675

decide the appeal within two (2) days from receipt thereof, furnishing copies of the decision to 676 the parties concerned and to the Law Department of the COMELEC. The decision shall be final 677

and executory. 678

679

17

SECTION 21.Establishment of Headquarters. - Every registered political party or sectoral organization or 680

coalition participating in the party list system or candidate may be allowed to establish a limited number 681

of headquarters subject to the following conditions: 682

683

a. A registered party with national constituency and a national candidate may establish one 684 headquarters in each province or highly urbanized city; 685

b. A registered political party with regional constituency may establish one headquarters in each 686

province or highly urbanized city in the region; 687

c. A registered political party with provincial constituency and a provincial candidate may be 688

allowed to establish one headquarters in each municipality; 689

d. Congressional candidates may be allowed to establish one headquarters in the legislative district 690

they seek to represent. Should their legislative district be composed of several municipalities, 691

they may be allowed to establish one headquarters per municipality; 692

e. City candidates may be allowed to establish one headquarters per councilor district; 693

f. Municipal candidates may be allowed to establish one headquarters in the entire municipality. 694 g. Lawful election propaganda may be displayed at headquarters subject to the limitations 695

provided for in SEC. 6 (g) hereof. 696

697

SECTION 22.Submission of List of Location of Headquarters. - All parties and candidates shall submit 698

within five (5) days from their establishment, the list showing the specific locations and addresses of all 699

their headquarters, to the following offices: 700

701

a. National parties and candidates - Law Department 702

b. Provincial parties and candidates - PES 703

c. City and Municipal parties and candidates - EO 704 d. Parties and Candidates in the NCR – RED 705

706

The Official of the COMELEC to whom the list of headquarters is submitted shall furnish copies thereof 707

to the Law Department and the Education and Information Department, within five (5) days from 708

receipt of the list. 709

710

SECTION 23.Headquarters Signboard. - Before the start of the campaign period, only one (1) signboard, 711

not exceeding three (3) feet by eight (8) feet in size, identifying the place as the headquarters of the 712

party or candidates is allowed to be displayed. Parties may put up the signboard announcing their 713

headquarters not earlier than five (5) days before the start of the campaign period. Individual 714 candidates may put up the signboard announcing their headquarters not earlier than the start of the 715

campaign period. Only lawful election propaganda material may be displayed or posted therein and 716

only during the campaign period. 717

718

SECTION 24.Prohibition on the Removal, Destruction or Defacement of Lawful Election Propaganda. - 719

During the campaign period, it is unlawful for any person to remove, destroy, obliterate, take down or, 720

in any manner, deface or tamper with, or prevent the distribution of any lawful election propaganda 721

enumerated in Section 6 hereof. 722

723

SECTION 25.Removal, Confiscation, or Destruction of Prohibited Propaganda Materials. - Any prohibited 724 form of election propaganda shall be summarily stopped, confiscated, removed, destroyed, or torn 725

down by the representatives of the COMELEC, at the expense of the candidate, parties or person for 726

18

whose apparent benefit the prohibited election propaganda materials have been produced, displayed, 727

and disseminated. 728

729

Any person, party, association, agency, office, bureau or department of the government may file with 730

the COMELEC, through its field office, a petition to confiscate, remove, destroy and/or stop the 731 distribution of any propaganda material on the ground that the same is offensive to public morals, 732

libelous, illegal, prohibited, subversive or irrelevant to the election issues. 733

734

The COMELEC, after summary hearing, shall resolve the petition within six (6) days from the time it is 735

submitted for decision. Where the parties concerned cannot be contacted or are unknown or refuse to 736

appear at the hearing, the COMELEC may decide the petition ex parte. 737

738

The COMELEC may, motu proprio, immediately order the removal, destruction and/or confiscation of 739

any prohibited propaganda material, or those materials which contain statements or representations 740

that are illegal, prohibited, patently libelous, offensive to public morals, subversive or which tend to 741 incite sedition or rebellion. 742

743

SECTION 26.Creation of Task Force to Tear Down and Remove Unlawful Election Materials. - There is 744

hereby created a task force to tear down and remove all unlawful election materials composed of the 745

Election Officer as Chairman, the Station Commander of the PNP (Chief of Police) as Vice Chairman, and 746

a third member belonging to any of the deputized agencies of the COMELEC. 747

748

The Task Force shall have the following duties and functions: 749

750

a. To tear down and remove campaign propaganda materials posted in public places outside the 751 common poster areas; 752

b. To tear down and remove all prohibited forms of campaign materials wherever posted or 753

displayed; 754

c. To monitor and watch out for persons posting or distributing said unlawful election 755

paraphernalia and to arrest said persons caught in the act; and 756

d. To make a report of said activities done by them. 757

758

Subject to the approval of the COMELEC, the members of the Task Force may establish proper rules and 759

procedure for the implementation of their tasks and for ensuring compliance thereof, including 760

requiring the candidates, political party or party-list to provide the contact numbers of the person in 761 charge of the propaganda material and establishment of proper method to identify the propaganda 762

materials to be removed. 763

764

SECTION 27.Removal of Prohibited Propaganda Materials Before the Start of the Campaign Period. - All 765

prohibited forms of election propaganda as described in Section 7 of these Rules shall be immediately 766

removed, or caused to be removed, by said candidate or party before the start of the campaign period; 767

otherwise, the said candidate or party shall be presumed to have committed the pertinent election 768

offense during said campaign period for national candidates or for local candidates as the case may be. 769

770

The prohibited forms of propaganda contemplated in this Section include any names, images, logos, 771 brands, insignias, color motifs, initials, and other forms of identifiable graphical representations placed 772

by incumbent officials on any public structures or places as enumerated in Section 7 (g) of these Rules. 773

774

19

In addition to the rules provided in Resolution No. 9991, the expenses incurred by the candidate, 775

political party, or party-list group in connection with these prohibited propaganda materials before the 776

start of the campaign period shall be attributed to the said candidate, political party, or party-list group 777

and must be included in their Statement of Contribution and Expenditure (SOCE). 778

779 SECTION 28.Election Surveys. - During the election period, any person, whether natural or juridical, 780

candidate or organization may conduct an election surveys.Should they decide to publish the said survey 781

for public consumption, they must likewise publish the following information: 782

783

a. The name of the person, candidate, party, or organization that commissioned or paid for the 784

survey; 785

b. The name of the person, polling firm or survey organization who conducted the survey; 786

c. The period during which the survey was conducted, the methodology used, including the 787

number of individual respondents and the areas from which they were selected, and the specific 788

questions asked; 789 d. The margin of error of the survey; 790

e. For each question for which the margin of error is greater than that reported under paragraph 791

(4), the margin of error for that question; and 792

f. A mailing address and telephone number, indicating it as an address or telephone number at 793

which the sponsor can be contacted to obtain a written report regarding the survey in 794

accordance with the next succeeding paragraph. [Republic Act No. 9006] 795

796

The survey together with raw data gathered to support its conclusions shall be available for 797

inspection, copying and verification by the COMELEC. Any violation of this SECTION shall constitute an 798

election offense. 799 800

SECTION 29.Exit Polls. - Exit polls may only be taken subject to the following requirements: 801

802

a. Pollster shall not conduct their surveys within fifty (50) meters from the polling place, whether 803

said survey is taken in a home, dwelling place and other places; 804

b. Pollsters shall wear distinctive clothing and prominently wear their identification cards issued by 805

the organization they represent; 806

c. Pollsters shall inform the voters that they may refuse to answer; and 807

d. The results of the exit polls may be announced after the closing of the polls on election day, and 808

must identify the total number of respondents, and the places where they were taken. Said 809 announcement shall state that the same is unofficial and does not represent a trend. 810

811

SECTION 30.Rallies, Meetings and Other Political Activities. - Subject to the requirements of local 812

ordinances on the issuance of permits, any political party supporting official candidates and parties or 813

any candidate, individually or jointly with other aspirants, may hold peaceful political meetings, rallies or 814

other similar activities during the campaign period. 815

816

Any party or candidate shall notify the election officer concerned of any public rally said party or 817

candidate intends to organize and hold in the city or municipality. The notice must be submitted three 818

(3) working days prior to the date thereof, and must include the venue and its address, as well as a 819 commitment to submit a Statement of Expenses, and within seven (7) working days thereafter submit to 820

the election officer a Statement of Expenses incurred in connection therewith. The prescribed forms for 821

Notice of Public Rally and Statement of Expenses are provided in COMELEC Resolution No. 9476. 822

20

823

SECTION 31.Application for Permit to Hold Public Meetings, Rallies or Other Political Activities. - All 824

applications for permits to hold public meetings, rallies and other similar political activities shall be filed 825

with the authorized city or municipal official who shall acknowledge receipt thereof in writing. 826

Immediately after its filing, the application shall be posted in a conspicuous place in the city hall or 827 municipal building. 828

829

The official before whom the application is filed shall submit to the Election Officer concerned on the 830

first working day of each week the list of applications, if any, filed during the previous week and the 831

action taken thereon. 832

833

SECTION 32.Action on Application for Permit. - Within three (3) days after the filing of an application for 834

permit to hold public meetings, rallies or other political activities, the local authority concerned shall act 835

in writing on said application. Any application not acted upon within three (3) days from the date of its 836

filing shall be deemed approved. 837 838

In acting on the application, the approving official shall give all candidates and parties equal and fair 839

opportunity as to date, time and place, to hold public political meetings or rallies. In the last week of the 840

campaign period, all independent candidates and parties shall be entitled to hold at least one public 841

meeting or rally, at the time to be chosen by the applicant, in the public plaza or place where public 842

political meetings or rallies are usually held. 843

844

An application for permit shall be denied only on the ground that a prior written application by another 845

candidate or party for the same purpose has been approved. Denial or any application may be appealed 846

to the Provincial Election Supervisor and in the National Capital Region, to the Regional Election Director 847 who shall decide the same within forty-eight (48) hours after the filing of the appeal, and shall give 848

notice of the decision to the parties. The decision shall be final and executory. 849

850

SECTION 33.Prohibited Acts During Public Meetings. - It is unlawful for any candidate, party or any 851

person to give or accept, free of charge, directly or indirectly, transportation, food and drinks, or 852

anything of value during and within the five (5) hours before and after a public meeting, or to give or 853

contribute, directly or indirectly, money or things of value for such purpose. 854

855

SECTION 34.Mass Media Columnist, Announcer or Personality Running for Public Office or is a Campaign 856

Volunteer. - Any mass media columnist, commentator, announcer, reporter, on-air correspondent, or 857 personality who is a candidate for any elective public office, a party-list nominee, or is a campaign 858

volunteer for or employed or retained in any capacity by any candidate or party shall be deemed 859

resigned, if so required by their employer, or shall take a leave of absence from his/her work as such 860

during the campaign period; Provided, that after he has filed his certificate of candidacy but before the 861

campaign period, it shall be his obligation not to use his media work for premature election campaign or 862

partisan political activity: Provided, finally, that any media practitioner who, while not himself a 863

candidate, is an official of a political party or a member of the campaign staff of a candidate or party 864

shall not use his/her time or space to favor any candidate or party. 865

866

SECTION 35. Deputation - The COMELEC hereby deputizes the Philippine Information Agency (PIA), 867 Kapisanan ng mga Brodkasters ng Pilipinas (KBP), Philippine Association of Private Telephone Companies 868

(PAPTELCO), Outdoor Advertising Association of the Philippines (OAAP), and the Telecommunication 869

21

Operators of the Philippine (TOP) to conduct, in coordination with the Education and Information 870

Department, regular information campaign on the proper use of any medium of communication. 871

872

The COMELEC hereby deputizes local government units to prevent, remove, destroy, confiscate or tear 873

down any prohibited propaganda materials without any partiality. 874 875

SECTION 36.Applicability to Filipino Overseas Voting. - This Resolution shall apply in a suppletory 876

character wherever applicable to all resolutions on campaigning abroad under Republic Act No. 9189. 877

878

SECTION 37.Election Offense. - Any violation of RA 9006 and these Rules shall constitute an election 879

offense punishable under the first and second paragraph of Section 264 of the Omnibus Election Code in 880

addition to administrative liability, whenever applicable. Any aggrieved party may file a verified 881

complaint for violation of these Rules with the Law Department of the COMELEC. 882

883

SECTION 38.Effectivity. - This Resolution shall take effect on the (7th) seventh day after its publication in 884 two (2) daily newspapers of general circulation. This Resolution supersedes all previous resolutions 885

inconsistent herewith. 886

887

SECTION 39.Publication and Dissemination. - The Education and Information Department shall cause the 888

publication of this Resolution in at least two (2) newspapers of general circulation, and furnish copies 889

thereof to all field offices of the COMELEC, and to the presidents or secretary-generals of all parties, 890

candidates, mass media entities, and deputized offices. 891

892

SO ORDERED. 893

894 895


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