ELECTION AND CAMPAIGN PERIODS

0 ELECTION PERIOD- shall commence ninety (90) days

before the day of the election and shall end thirty (30) days thereafter, UNLESS otherwise fixed in special cases by the Commission on Elections

0 CAMPAIGN PERIOD: 0 Presidential and Vice-Presidential Election- 90 days 0 Members of House of Representatives and Local

Election- 45 days 0 Barangay Election- 15 days 0 Campaign periods shall not include the day before and the day of the election. 0 SPECIAL ELECTIONS (under Article VIII, Section 5, Subsection 2 of the Constitution)- 45 days

ELECTION PROPAGANDA
0 refers to any matter broadcasted, published, printed, displayed

or exhibited, in any medium, which contain the name, image, logo, brand, insignia, color motif, initials, and other symbol or graphic representation that is capable of being associated with a candidate or party, and is intended to draw the attention of the public or a segment thereof to promote or oppose, directly or indirectly, the election of the said candidate or candidates to a public office. 0 in broadcast media, political advertisements may take the form of spots, appearances on TV shows and radio programs, live or taped announcements, teasers, and other forms of advertising messages or announcements used by commercial advertisers. 0 Political advertising includes matters, not falling within the scope of personal opinion, that appear on any Internet website, including, but not limited to, social networks, blogging sites, and micro-blogging sites, in return for consideration, or otherwise capable of pecuniary estimation. [COMELEC RESOLUTION NO. 9615, JAN.15, 2013 (RULES AND REGULATIONS IMPLEMENTING THE FAIR ELECTION ACT IN CONNECTION TO THE 13 MAY 2013 ELECTIONS)]

CAM AIGN FINANCE

RULE

AUTHORIZED EXPENSES OF CANDIDATES AND PARTIES

0 The aggregate amount that a candidate or party may spend

for election campaign shall be as follows: a. For candidates - Three pesos (P3.00) for every voter currently registered in the constituency where the candidate filed his certificate of candidacy; b. For other candidates without any political party and without support from any political party - Five pesos (P5.00) for every voter currently registered in the constituency where the candidate filed his certificate of candidacy. c. For Political Parties and party-list groups - Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has official candidates.

LAWFUL EXPENDITURES
0 For traveling expenses of the candidates and campaign personnel in 0 0 0 0 0 0

the course of the campaign and for personal expenses incident thereto; For compensation of campaigners, clerks, stenographers, messengers, and other persons actually employed in the campaign; For telegraph and telephone tolls, internet access, postages, freight and express delivery charges; For stationery, printing and distribution of printed materials relative to the candidacy; For employment of watchers at the polls; For rent, maintenance and furnishing of campaign headquarters, office or place of meetings; For political meetings and rallies and the use of sound systems, lights and decorations during said meetings and rallies;

0 For newspaper, radio, television and other advertisements for

purposes of promoting the candidacy, including website or internet ad placements, subject to existing rules and regulations on the broadcast advertising. 0 For employment of counsel; 0 For copying and classifying lists of voters, investigating and challenging the right to vote of persons registered in the lists; and 0 For printing sample ballots in such color, size and maximum number as may be authorized by the Commission. The expenditures for items (i), (j), and (k), shall not be taken into account in determining whether the expenditure limit has been breached by the candidate or party in the conduct of campaign activities. [OEC, Sec. 102]

UNLAWFUL ACTS, OMISSIONS AND ACTIVITIES RELATED TO CAMPAIGN FINANCE AND THE FAIR ELECTION ACT
(SEC. 7, COMELEC RESOLUTION NO. 9616, JAN.16, 2013)

General Instructions for the Implementation of Campaign Finance Laws as embodied in Resolution No. 9476, as amended (Campaign Finance Rules)

[RESOLUTION NO. 9616, JAN.16, 2013]

Designation of the Campaign Finance Unit Monitoring Activities During the Campaign Period Deputation of COA, BIR, Law Enforcement Agencies and Anti-Money Laundering Council

Investigation and Prosecution

Initiation of Complaint

NATIONAL PRESS CLUB VS. COMELEC GR NO. 102653, MARCH 5, 1992

FACTS:
0 Petitioners in these consolidated cases consist of

representatives of the mass media which are prevented from selling or donating space and time for political advertisements 0 They argued that Section 11 (b) of RA 6646 known as the Electoral Reforms Law of 1987 invades and violates their freedom of expression; that the prohibition is in derogation of media's role, function and duty to provide adequate channels of public information and public opinion relevant to election issues; that abridges the freedom of speech of candidates, and that it curtails and limits the right of voters to information and opinion

0 Section 11 (b) of Republic Act No. 6646, known as the

Electoral Reforms Law of 1987: Sec. 11 Prohibited Forms of Election Propaganda. In addition to the forms of election propaganda prohibited under Section 85 of Batas Pambansa Blg. 881, it shall be unlawful; xxx xxx xxx b) for any newspapers, radio broadcasting or television station, other mass media, or any person making use of the mass media to sell or to give free of charge print space or air time for campaign or other political purposes except to the Commission as provided under Sections 90 and 92 of Batas Pambansa Blg. 881

0 ISSUE: Whether or not Section 11 (b) of RA 6646

known as the Electoral Reforms Law of 1987 constitute a permissible exercise of the power of supervision or regulation of the operations of communication and information enterprises during an election period

RULING: 0 The Court considers that Section 11 (b) has not gone outside the permissible bounds of supervision or regulation of media operations during election periods. 0 Rights of free speech and free press are not unlimited rights 0 Right to equal access to opportunities for public service 0 Article IX(C) (4) of the 1987 Constitution- COMELECs authority to supervise or regulate the enjoyment or utilization of the franchises or permits for the operation of media of communication and information. 0 Legitimate objective: equalizing, as far as practicable, the situations of rich and poor candidates

0 Section 11 (b) is circumscribed by certain important

limitations:

0 limited in its applicability in time to election periods. 0 applies only to the purchase and sale, including purchase and

sale disguised as a donation of print space and air time for "campaign or other political purposes. It covers only paid political advertisements of candidates.

0 Nature and characteristics of modern mass media,

especially electronic media- Frequently, such repetitive political commercials when fed into the electronic media themselves constitute invasions of the privacy of the general electorate.

ELECTION CAMPAIGN

ELECTION CAMPAIGN
0 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

(Section 79 (b), BP 881 Omnibus Election Code of the Philippines)

ELECTION CAMPAIGN
(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.
(Section 79 (b), BP 881 Omnibus Election Code of the Philippines)

0 Personal opinions, views, and preferences for

candidates, contained in blogs shall not be considered acts of election campaigning or partisan political activity unless expressed by government officials in the Executive Department, the Legislative Department, the Judiciary, the Constitutional Commissions, and members of the Civil Service.

[SEC.1 (1) COMELEC RESOLUTION NO. 9615, JAN.15, 2013 (RULES AND REGULATIONS IMPLEMENTING THE FAIR ELECTION ACT IN CONNECTION TO THE 13 MAY 2013 ELECTIONS)]

Use of Election Propaganda through Mass Media

Deputation

COMELEC Print Space and Air Time

Rallies, Meetings and Other Political Activities

Posting of Campaign Materials

Establishment of Headquarters

Candidate, defined
0 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 (Sec. 79, BP 881) candidacy, had his certificate of candidacy denied due course or cancelled, or has been otherwise disqualified before the start of the campaign period for which he filed his certificate of candidacy. Provided, that, unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period. (COMELEC Resolution No. 9615, Jan.15, 2013)

0 and one who has not died, withdrawn his certificate of

FILING OF COC FOR THE PURPOSE OF PRINTING BALLOTS

0 "For this purpose, the Commission shall set the deadline for the filing of certificate of candidacy/petition of registration/manifestation to

participate in the election. Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall effect only upon that start of the aforesaid campaign period: Provided, finally, That any person holding a public appointive office or position, including active members of the armed forces, and officers, and employees in government-owned orcontrolled corporations, shall be considered ipso factor resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certification of candidacy.

(Section 13, RA 9369 AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED "AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM)

FACTS: 0 Petitioners filed a petition for disqualification under Sections 68 and 80 of the Omnibus Election Code against Eusebio before the COMELEC. 0 They alleged that Eusebio who filed his Certificate of Candidacy on December 29, 2003 engaged in an election campaign in various forms on various occasions outside of the designated campaign period (starts on March 24, 2004), such as
(1) addressing a large group of people during a medical mission sponsored by the Pasig City government; (2) uttering defamatory statements against Lanot; (3) causing the publication of a press release predicting his victory; (4) installing billboards, streamers, posters, and stickers printed with his surname across Pasig City; and (5) distributing shoes to schoolchildren in Pasig public schools to induce their parents to vote for him.

LANOT VS. COMELEC AND EUSEBIO GR NO. 164858, NOVEMBER 16, 2006

0 SECTION 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. (Emphasis supplied)

0 Regional Director Esmeralda Amora-Ladra recommended

that respondent EUSEBIO shall be DISQUALIFIED. 0 COMELEC First Division adopted the findings and recommendation of Director Ladra. However, on election day itself, Chairman Abalos issued a memorandum enjoining the implementation of the said resolution due to Eusebios motion for reconsideration. 0 While the case was pending, Eusebio won in the election and his proclamation as the winning candidate for Mayor of Pasig City was directed by the COMELEC, without prejudice to the final outcome of the case.

0 ISSUE: Whether or not Eusebio should be disqualified

for engaging in an election campaign or partisan political activity outside the campaign period.

RULING: 0 Courts review of the factual findings of the COMELEC, as well as the law applicable to this case, shows that there is no basis to disqualify Eusebio. 0 The essential elements for violation of Section 80 of the Omnibus Election Code are:
0 (1) a person engages in an election campaign or

partisan political activity; 0 (2) the act is designed to promote the election or defeat of a particular candidate or candidates; 0 (3) the act is done outside the campaign period.

0 The clear intention of Congress was to preserve the

election periods as x x x fixed by existing law prior to RA 8436 and that one who files to meet the early deadline will still not be considered as a candidate. 0 Eusebios acts of election campaigning or partisan political activities were committed outside of the campaign period. However, he was not yet a candidate for purposes other than the printing of ballots when he filed his certificate of candidacy on 29 December 2003 0 Acts committed by Eusebio prior to his being a candidate on 23 March 2004, even if constituting election campaigning or partisan political activities, are not punishable under Section 80 of the Omnibus Election Code. Such acts are protected as part of freedom of expression of a citizen before he becomes a candidate for elective public office. Acts committed by Eusebio on or after 24 March 2004, or during the campaign period, are not covered by Section 80 which punishes only acts outside the campaign period.

PENERA VS. COMELEC AND ANDANAR GR NO. 181613, SEPTEMBER 11, 2009
FACTS: 0 Penera and private respondent Andanar were mayoralty candidates in Sta. Monica. 0 Andanar filed a Petition for Disqualification against Penera, as well as the candidates who belonged to her political party for unlawfully engaging in election campaigning and partisan political activity prior to the commencement of the campaign period (March 30, 2007) by conducting a motorcade on the day she filed her Certificate of Candidacy (March 29, 2007).

0 Penera admitted that a motorcade did take place, but she

explained that it was simply in accordance with the usual practice in nearby cities and provinces, where the filing of certificates of candidacy was preceded by a motorcade, which dispersed soon after the completion of such filing. 0 While the case was pending, elections took place and, as a result thereof, Penera was proclaimed the duly elected Mayor of Sta. Monica. 0 However, COMELEC Second Division later on issued its Resolution which disqualified Penera for engaging in premature campaigning, in violation of Sections 80 and 68 of the Omnibus Election Code.

0 ISSUE: Whether or not Penera should be disqualified

for engaging in an election campaign or partisan political activity outside the campaign period.

RULING: 0 Section 80 of the Omnibus Election Code remains relevant and applicable despite Section 15 of Republic Act No. 8436, as amended. 0 the conduct of a motorcade is a form of election campaign or partisan political activity, falling squarely within the ambit of Section 79(b)(2) of the Omnibus Election Code 0 premature campaigning may be committed even by a person who is not a candidate, based on Section 80 of the Omnibus Election Code; It shall be unlawful for any person, whether or not a voter or candidate.

0 Pursuant to Section 15 of Republic Act No. 8436, as

amended, even after the filing of the COC but before the start of the campaign period, a person is not yet officially considered a candidate. 0 Nevertheless, a person, upon the filing of his/her COC, already explicitly declares his/her intention to run as a candidate in the coming elections. The commission by such a person of any of the acts enumerated under Section 79(b) of the Omnibus Election Code (i.e., holding rallies or parades, making speeches, etc.) can, thus, be logically and reasonably construed as for the purpose of promoting his/her intended candidacy.

0 With respect to Section 15 of Republic Act No. 8436, as

amended, which provides that any unlawful act or omission applicable to a candidate shall take effect only upon the start of the campaign period, it means that only after said person officially becomes a candidate, at the beginning of the campaign period, can said acts be given effect as premature campaigning under Section 80 of the Omnibus Election Code. Only after said person officially becomes a candidate, at the start of the campaign period, can his/her disqualification be sought for acts constituting premature campaigning.

PENERA VS. COMELEC AND ANDANAR GR NO. 181613, NOV. 25, 2009 (MR)
0 Congress has laid down the law a candidate is

liable for election offenses only upon the start of the campaign period. This Court has no power to ignore the clear and express mandate of the law that any person who files his certificate of candidacy within [the filing] period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy.

0 On 29 March 2007, the law still did not consider

Penera a candidate for purposes other than the printing of ballots. Acts committed by Penera prior to 30 March 2007, the date when she became a candidate, even if constituting election campaigning or partisan political activities, are not punishable under Section 80 of the Omnibus Election Code. Such acts are within the realm of a citizens protected freedom of expression. Acts committed by Penera within the campaign period are not covered by Section 80 as Section 80 punishes only acts outside the campaign period.

0 Neither can this Court turn a blind eye to the express

and clear language of the law that any unlawful act or omission applicable to a candidate shall take effect only upon the start of the campaign period. 0 The plain meaning of this provision is that the effective date when partisan political acts become unlawful as to a candidate is when the campaign period starts. Before the start of the campaign period, the same partisan political acts are lawful. 0 It is a basic principle of law that any act is lawful unless expressly declared unlawful by law.

0 The assailed Decision, however, in reversing Lanot does

not claim that this second sentence or any portion of Section 15 of RA 8436, as amended by RA 9369, is unconstitutional. In fact, the Decision considers the entire Section 15 good law. Thus, the Decision is selfcontradictory reversing Lanot but maintaining the constitutionality of the second sentence, which embodies theLanot doctrine. In so doing, the Decision is irreconcilably in conflict with the clear intent and letter of the second sentence, third paragraph, Section 15 of RA 8436, as amended by RA 9369.

PROHIBITED FORMS OF ELECTION PROPAGANDA

(a) 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; (b) 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; (c) 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;

(d) To show or display publicly any advertisement or propaganda for or against any candidate by means of cinematography, audiovisual units or other screen projections except telecasts which may be allowed as hereinafter provided; and (e) For any radio broadcasting or television station to sell or give free of charge air time for campaign and other political purposes except as authorized in this Code under the rules and regulations promulgated by the Commission pursuant thereto. 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.
(Section 85, BP 881 Omnibus Election Code of the Philippines)

Prohibited Forms of Election Propaganda: Sec 7, COMELEC RESOLUTION 9615

a.

b.

To print, publish, post or distribute any newspaper, newsletter, newsweekly, gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper sticker, poster, comic book, circular, handbill, streamer, sample list of candidates or any published or printed political matter and to air or broadcast any election propaganda or political advertisement by television or radio or on the internet for or against a candidate or group of candidates to any public office, unless they bear and be identified by the reasonably 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. It shall likewise be unlawful to publish, print or distribute said campaign materials unless they bear, and are identified by, the reasonably legible, or audible words political advertisements paid by, followed by the true and correct name and address of the payor. To print, publish, broadcast or exhibit any such election propaganda donated or given free of charge by any person or publishing firm or broadcast entity to a candidate or party without the written acceptance by the said candidate or party and unless they bear and be identified by the words "printed free of charge, or airtime for this broadcast was provided free of charge by, respectively, followed by the true and correct name and address of the said publishing firm or broadcast entity;

c. To show, display or exhibit publicly in a theater, television station, or any public forum any movie, cinematography or documentary portraying the life or biography of a candidate, or in which a character is portrayed by an actor or media personality who is himself a candidate; d. For any newspaper or publication, radio, television or cable television station, or other mass media, or any person making use of the mass media to sell or to give free of charge print space or air time for campaign or election propaganda purposes to any candidate or party in excess of the size, duration or frequency authorized by law or these rules; e. For any radio, television, cable television station, announcer or broadcaster to allow the scheduling of any program, or permit any sponsor to manifestly favor or oppose any candidate or party by unduly or repeatedly referring to, or unnecessarily mentioning his name, or including therein said candidate or party; and f. To post, display or exhibit any election campaign or propaganda material outside of authorized common poster areas, in public places, or in private properties without the consent of the owner thereof.

g Public places referred to in the previous subsection (f) include any of the following: 0 Electronic announcement boards, such as LED display boards located along highways and streets, LCD TV displays posted on walls of public buildings, and other similar devices which are owned by local government units, government-owned and controlled corporations, or any agency or instrumentality of the Government; 0 Motor vehicles used as patrol cars, ambulances, and other similar purposes that are owned by local government units, government-owned and controlled corporations, and other agencies and instrumentalities of the Government, particularly those bearing red license plates; 0 Waiting sheds, sidewalks, street and lamp posts, electric posts and wires, traffic signages and other signboards erected on public property, pedestrian overpasses and underpasses, flyovers and underpasses, bridges, main thoroughfares, center islands of roads and highways; 0 Schools, shrines, barangay halls, health centers, public structures and buildings or any edifice thereof; 0 Public utility vehicles such as buses, jeepneys, trains, taxi cabs, ferries, pedicabs and tricycles, whether motorized or not; 0 Within the premises of public transport terminals, such as bus terminals, airports, seaports, docks, piers, train stations, and the like. The violation of items 4 and 5 under subsection (g) shall be a cause for the revocation of the public utility franchise and will make the owner and/or operator of the transportation service and/or terminal liable for an election offense under Section 9 of Republic Act No. 9006 as implemented by Section 18 (n) of these Rules. The printing press, printer, or publisher who prints, reproduces or publishes said campaign materials, and the broadcaster, station manager, owner of the radio or television station, or owner or administrator of any website who airs or shows the political advertisements, without the required data or in violation of these rules shall be criminally liable with the candidate and, if applicable, further suffer the penalties of suspension or revocation of franchise or permit in accordance with law.