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ELECTION LAW
appropriate legislation that will for which certificate has been filed,
benefit the nation as a whole. (Ang and thus prevent a faithful
Bagong Bayani-OFW Labor Party, v. determination of true will of
COMELEC, GR No. 147589, June 26, electorate.
2001).
IV. FAIR ELECTIONS ACT OF 2001 (RA
III. DISQUALIFICATION OF 9006)
CANDIDATES:
1. declared as incompetent or insane Lawful election Propaganda (sec. 3):
by competent authority;
2. convicted by final judgment for 1. Written/Printed Materials (does not
subversion, insurrection, rebellion or exceed 8 ½ in. width by 14 in.
any offense for which he has been length)
sentenced to a penalty of 18 months 2. Handwritten/printed letters
imprisonment; 3. Posters (not exceeding 2 x 3 ft.)
3. convicted by final judgment for 3 by 8 ft. allowed in
crime involving moral turpitude; announcing, at the site and
4. any person who is permanent on the occasion of a public
resident of or immigrant to a foreign meeting or rally, may be
country; and displayed 5 days before the
5. one who has violated provisions on: date of rally but shall be
a. campaign period; removed within 24 hours
b. removal, destruction of lawful after said rally.
election propaganda; 4. Print Ads
c. prohibited forms of propaganda; ¼ page in broadsheets and ½
d. regulation of propaganda page in tabloids thrice a
through mass media; and week per newspaper,
e. election offenses. magazine or other
publication during the
- When a candidate has not yet been campaign period
disqualified by final judgment during 5. Broadcast Media (i.e. TV and
the election day and was voted for, Radio)
the votes cast in his favor cannot be
declared stray. To do so would NATIONAL LOCAL
amount to disenfranchising the POSITIONS POSITIONS
electorate in whom sovereignty
resides. (Codilla vs. Hon. Jose De 1. 120 minutes 1. 60 minutes
Venecia, G.R. No. 150605, December for TV for TV
10, 2002)
2. 180 minutes 2. 90 minutes
for Radio for Radio
Nuisance Candidate
– COMELEC may motu propio
or upon petition of Prohibited Campaign
interested party, refuse to 1. Public exhibition of movie,
give due course to or cancel cinematograph or documentary
certificate of candidacy if portraying the life or biography of a
shown that said certificate candidate during campaign period;
was filed: 2. Public exhibition of a movie,
1. to put election process in mockery or cinematograph or documentary
disrepute; portrayed by an actor or media
2. to cause confusion among voters by personality who is himself a
similarity of names of registered candidate;
candidates; 3. Use of airtime for campaign of a
3. by other circumstances or acts which media practitioner who is an official
demonstrate that a candidate has no of a party or a member of the
bona fide intention to run for office
indirectly, or cause an
expenditure to be made to any
person, association, corporation, • One of the effective ways of
entity, or community in order to preventing the commission
induce anyone or the public in of vote-buying and of
general to vote for or against prosecuting those
any candidate or withhold his committing it is the grant of
vote in the election, or to vote immunity from criminal
for or against any aspirant for liability in favor of the party
the nomination or choice of a (person/s) whose vote was
candidate in a convention or bought. This grant of
similar selection process of a immunity will encourage the
political party. recipient or acceptor to
(2) Any person, association, come into the open and
corporation, group or community denounce the culprit-
who solicits or receives, directly candidate, and will ensure
or indirectly, any expenditure or the successful prosecution of
promise of any office or the criminal case against the
employment, public or private, latter. (Comelec vs. Hon.
for any of the foregoing Tagle, G.R. Nos. 148948 &
considerations. (Sec. 261, B.P. 148951, February 17, 2003)
881)