OMNIBUS
ELECTION CODE
Article X
CAMPAIGN
AND ELECTION PROPAGANDA
Sec. 79. Definitions. - As used in this Code:
a.
The term "candidate" refers to any person aspiring
for or seeking an elective public office, who has filed a certificate of
candidacy by himself or through an accredited political party, aggroupment, or
coalition of parties;
b.
The term "election campaign" or "partisan political activity"
refers to an act designed to promote the election or defeat of a particular
candidate or candidates to a public office which shall include:
1.
Forming organizations, associations,
clubs, committees or other groups of persons for the purpose of soliciting
votes and/or undertaking any campaign for or against a candidate;
2.
Holding political caucuses,
conferences, meetings, rallies, parades, or other similar assemblies, for the
purpose of soliciting votes and/or undertaking any campaign or propaganda for
or against a candidate;
3.
Making speeches, announcements or
commentaries, or holding interviews for or against the election of any
candidate for public office;
4.
Publishing or distributing campaign
literature or materials designed to support or oppose the election of any
candidate; or
5.
Directly or indirectly soliciting
votes, pledges or support for or against a candidate.
The foregoing enumerated acts if performed for the purpose of enhancing the
chances of aspirants for nomination for candidacy to a public office by a
political party, aggroupment, or coalition of parties shall not be considered
as election campaign or partisan election activity.
Public expressions or opinions or discussions of probable issues in a
forthcoming election or on attributes of or criticisms against probable
candidates proposed to be nominated in a forthcoming political party convention
shall not be construed as part of any election campaign or partisan political
activity contemplated under this Article.
Sec. 80. Election campaign or partisan
political activity outside campaign period. - It shall
be unlawful for any person, whether or not a voter or candidate, or for any
party, or association of persons, to engage in an election campaign or partisan
political activity except during the campaign period: Provided, That political
parties may hold political conventions or meetings to nominate their official
candidates within thirty days before the commencement of the campaign period
and forty-five days for Presidential and Vice-Presidential election.
Sec. 81. Intervention of foreigners. - It shall
be unlawful for any foreigner, whether judicial or natural person, to aid any
candidate or political party, directly or indirectly, or take part in or
influence in any manner any election, or to contribute or make any expenditure
in connection with any election campaign or partisan political activity.
Sec. 82. Lawful election propaganda. - Lawful
election propaganda shall include:
a.
Pamphlets, leaflets, cards, decals,
stickers or other written or printed materials of a size not more than eight
and one-half inches in width and fourteen inches in length;
b.
Handwritten or printed letters urging
voters to vote for or against any particular candidate;
c.
Cloth, paper or cardboard posters,
whether framed or posted, with an area exceeding two feet by three feet, except
that, at the site and on the occasion of a public meeting or rally, or in
announcing the holding of said meeting or rally, streamers not exceeding three
feet by eight feet in size, shall be allowed: Provided, That said streamers may
not be displayed except one week before the date of the meeting or rally and
that it shall be removed within seventy-two hours after said meeting or rally;
or
d.
All other forms of election propaganda
not prohibited by this Code as the Commission may authorize after due notice to
all interested parties and hearing where all the interested parties were given
an equal opportunity to be heard: Provided, That the Commission's authorization
shall be published in two newspapers of general circulation throughout the
nation for at least twice within one week after the authorization has been
granted.
Sec. 83. Removal, destruction or defacement of
lawful election propaganda prohibited. - It shall
be unlawful for any person during the campaign period to remove, destroy,
obliterate, or in any manner deface or tamper with, or prevent the distribution
of lawful election propaganda.
Sec. 84. Requirements for published or printed
election propaganda. - Any newspaper, newsletter,
newsweekly, gazette or magazine advertising, posters, pamphlets, circulars,
handbills, bumper stickers, streamers, simple list of candidates or any
published or printed political matter for or against a candidate or group of
candidates to any public office shall bear and be identified by the words
"paid for by" followed by the true and correct name and address of
the payor and by the words "printed by" followed by the true and
correct name and address of the printer.
Sec. 85. Prohibited forms of election
propaganda. - It shall be unlawful:
- To
print, publish, post or distribute any poster, pamphlet, circular,
handbill, or printed matter urging voters to vote for or against any
candidate unless they bear the names and addresses of the printer and
payor as required in Section 84 hereof;
- To
erect, put up, make use of, attach, float or display any billboard,
tinplate-poster, balloons and the like, of whatever size, shape, form or
kind, advertising for or against any candidate or political party;
- To
purchase, manufacture, request, distribute or accept electoral propaganda
gadgets, such as pens, lighters, fans of whatever nature, flashlights,
athletic goods or materials, wallets, shirts, hats, bandanas, matches, cigarettes
and the like, except that campaign supporters accompanying a candidate
shall be allowed to wear hats and/or shirts or T-shirts advertising a
candidate;
- To
show or display publicly any advertisement or propaganda for or against
any candidate by means of cinematography, audio-visual units or other
screen projections except telecasts which may be allowed as hereinafter
provided; and
- For
any radio broadcasting or television station to sell or give free of
charge air time for campaign and other political purposes except as
authorized in this Code under the rules and regulations promulgated by the
Commission pursuant thereto.
f.
Any prohibited election propaganda
gadget or advertisement shall be stopped, confiscated or torn down by the
representative of the Commission upon specific authority of the Commission.
Sec. 86. Regulation of election propaganda
through mass media. –
- The
Commission shall promulgate rules and regulations regarding the sale of
air time for partisan political purposes during the campaign period to
insure the equal time as to duration and quality in available to all
candidates for the same office or political parties at the same rates or
given free of charge; that such rates are reasonable and not higher than
those charged other buyers or users of air time for non-political
purposes; that the provisions of this Code regarding the limitation of
expenditures by candidates and political parties and contributions by
private persons, entities and institutions are effectively enforced; and
to ensure that said radio broadcasting and television stations shall not
unduly allow the 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 respecting, however, in all instances the right of said
stations to broadcast accounts of significant or newsworthy events and
views on matters of public interest.
- All
contracts for advertising in any newspaper, magazine, periodical or any
form of publication promoting or opposing the candidacy of any person for
public office shall, before its implementation, be registered by said
newspaper, magazine, periodical or publication with the Commission. In
every case, it shall be signed by the candidate concerned or by the duly
authorized representative of the political party.
- No
franchise or permit to operate a radio or television station shall be
granted or issued, suspended or cancelled during the election period.
d. Any radio or television stations, including that owned or controlled by
the Government, shall give free of charge equal time and prominence to an
accredited political party or its candidates if it gives free of charge air
time to an accredited political party or its candidates for political purposes.
In all
instances, the Commission shall supervise the use and employment of press,
radio and television facilities so as to give candidates equal opportunities
under equal circumstances to make known their qualifications and their stand on
public issues within the limits set forth in this Code on election spending.
Rules
and regulations promulgated by the Commission under and by authority of this
section shall take effect on the seventh day after their publication in at
least two daily newspapers of general circulation. Prior to the effectivity of
said rules and regulations, no political advertisement or propaganda for or
against any candidate or political party shall be published or broadcast
through the mass media.
Violation of the rules and regulations of the Commission issued to implement
this section shall be an election offense punishable under Section 264 hereof.
Sec. 87. Rallies, meetings and other political
activities. - Subject to the requirements of
local ordinances on the issuance of permits, any political party supporting
official candidates or any candidate individually or jointly with other
aspirants may hold peaceful political rallies, meetings, and other similar
activities during the campaign period: Provided, That all applications for
permits to hold meetings, rallies and other similar political activities,
receipt of which must be acknowledged in writing and which application shall be
immediately posted in a conspicuous place in the city or municipal building,
shall be acted upon in writing by local authorities concerned within three days
after the filing thereof and any application not acted upon within said period
shall be deemed approved: and Provided, further, That denial of any application
for said permit shall be appealable to the provincial election supervisor or to
the Commission whose decision shall be made within forty-eight hours and which
shall be final and executory: Provided, finally, That one only justifiable
ground for denial is a prior written application by any candidate or political
party for the same purpose has been approved.
Sec. 88. Public rally. - Any political party or candidate shall notify the election
registrar concerned of any public rally said political party or candidate
intends to organize and hold in the city or municipality, and within seven
working days thereafter submit to the election registrar a statement of
expenses incurred in connection therewith.
Sec. 89. Transportation, food and drinks. - It shall be unlawful for any candidate, political party,
organization, or any person to give or accept, free of charge, directly or
indirectly, transportation, food or drinks or things of value during the five
hours before and after a public meeting, on the day preceding the election, and
on the day of the election; or to give or contribute, directly or indirectly,
money or things of value for such purpose.
Sec. 90. Comelec space. - The Commission shall procure space in at least one newspaper of
general circulation in every province or city: Provided, however, That in the
absence of said newspaper, publication shall be done in any other magazine or
periodical in said province or city, which shall be known as "Comelec
Space" wherein candidates can announce their candidacy. Said space shall
be allocated, free of charge, equally and impartially by the Commission among
all candidates within the area in which the newspaper is circulated.
Sec. 91. Comelec poster area. - Whenever practicable, the Commission shall also designate and
provide for a common poster are in strategic places in each town wherein
candidates can announce and further their candidacy through posters, said space
to be likewise allocated free of charge, equally and impartially by the
Commission among all the candidates concerned.
Sec. 92. Comelec time. - The Commission shall procure
radio and television time to be known as "Comelec Time" which shall
be allocated equally and impartially among the candidates within the area of
coverage of all radio and television stations. For this purpose, the franchise
of all radio broadcasting and television station are hereby amended so as to
provide radio television time, free of charge, during the period of the
campaign.
Sec. 93. Comelec information bulletin. - The Commission shall cause the printing, and supervise the
dissemination of bulletins to be known as "Comelec Bulletin" which
shall be of such size as to adequately contain the picture, bio-data and
program of government of every candidate. Said bulletin shall be disseminated
to the voters or displayed in such places as to give due prominence thereto.
Any candidate may reprint at his expense, any "Comelec Bulletin" upon
prior authority of the Commission: Provided, That the printing of the names of
the different candidates with their bio-data must be in alphabetical order
irrespective of party affiliation.
Remove or else