1

CAMPAIGN, ELECTION
PROPAGANDA,
CONTRIBUTIONS AND
EXPENSES
GAGATIGA. GOMEZ. GUTIERREZ.
INDONTO. JOVELLANOS. JUMAWAN. CORTES
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CAMPAIGN
GAGATIGA
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ELECTION CAMPAIGN

 Also called 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:
 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;
 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;
 Making speeches, announcements or commentaries, or holding interviews for or
against the election of any candidate for public office;
 Publishing or distributing campaign literature or materials designed to support or
oppose the election of any candidate; or
 Directly or indirectly soliciting votes, pledges or support for or against a candidate.
 NOT CONSIDERED ELECTION 4
CAMPAIGN OR PARTISAN
POLITICAL ACTIVITY
 1-5, 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.
 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
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PROHIBITIONS
 6
PROHIBITIONS

 Election campaign or partisan political activity outside campaign

period. However, 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. 80, BP
881)
 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 81, BP 881)
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PROHIBITIONS

 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 83, BP 881)

 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 89, BP 881)
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ILLUSTRATIVE CASES
GOMEZ
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LANOT VS
COMELEC
G.R. NO. 164858 NOVEMBER 16, 2006
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LANOT VS COMELEC
FACTS:
Henry Lanot- filed petition to disqualify his opponent, Vicente Eusebio for
engaging in an election campaign outside of the designated campaign
period. Eusebio allegedly committed the acts before the start of the
campaign period commencing on March 24, 2004. RA 8436- under
Section 11 thereof, moved the deadline for filing of COCs from March 23,
2004, January 2, 2004 or 81 days earlier to give ample time for the
printing of the official ballots.

Vicente Eusebio- filed his COC on December 29, 2003.

ISSUE: Whether or not Eusebio actually committed the acts subject of the
petition for disqualification.
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LANOT VS COMELEC

RULING: NO.
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.
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.
Thus, the essential elements for violation of Section 80 of
the Omnibus Election Code are: a) A person engages in an
election campaign or partisan political activity; b) The act is
designed to promote the election or defeat of a particular
candidate or candidates; c) The act is done outside the
campaign period.
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PANGKAT LAGUNA VS
COMELEC
G.R. NO. 148075 FEBRUARY 4, 2002
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PANGKAT LAGUNA VS COMELEC

FACTS:
Gov. Teresita Lazaro- publicly declared her “intention to run for
Governor” in the coming May 2001 elections. She ordered the
purchase of trophies, basketballs, volleyballs, and other sports
materials worth P4.5 millions. Gov. Lazaro also bidded 79 public works
projects on March 28, 2001.
Pangkat Laguna- sought the disqualification of gubernatorial
candidate Teresita Lazaro and alleged that the latter committed acts
violative of Section 80 (Election campaign or partisan political activity
outside the campaign period) and Section 261(v) (Prohibition against
release, disbursement or expenditure of public funds) of the Omnibus
Election Code.

ISSUE: Whether or not the acts of Lazaro are violative of Section 80 and
Section 261 (v) of the Omnibus Election Code?
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PANGKAT LAGUNA VS COMELEC

RULING:
1. NO. The act of Lazaro in “ordering the purchase of various items
and the consequent distribution thereof in Laguna, in line with the
local government unit’s sports and education program” is not
election campaigning or partisan political activity contemplated
and explicitly prescribed under the pertinent provisions of Section
80 of the Omnibus Election Code.
2. NO. Lazaro did not transgress the provisions of Section 261 (v) as
to the charge of violation of the 45-Day Public Works Ban, when
the latter caused or directed the bidding of 79 public works
projects on 28 March 2001. Evidence is wanting to sufficiently
establish the allegation that public funds were released,
disbursed, or expended during the 45-day prohibitive period
provided under the law and implementing rules.
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LAWFUL ELECTION
PROPAGANDA
Sec 3, RA 9006; Sec 82, BP 881
GUTIERREZ
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LAWFUL ELECTION PROPAGANDA

 Pamphlets, leaflets, cards, decals, stickers or other written or printed

materials the size of which does not exceed eight and one half
inches in width and fourteen inches in length;
 Handwritten or printed letters urging voters to vote for or against any
particular political party or candidate for public office;
 Paid advertisements in print or broadcast media: Provided, That the
advertisements shall follow the requirements set forth in Section 4 of
this Act; and
 All other forms of election propaganda not prohibited by the
Omnibus Election Code or this Act.
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LAWFUL ELECTION PROPAGANDA

 Cloth, paper or cardboard posters, whether framed or posted,

with an area not exceeding two (2) feet by three (3) 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 (3) feet by eight (8) feet
in size, shall be allowed: Provided, That said streamers may be
displayed five (5) days before the date of the meeting or rally
and shall be removed within twenty-four (24) hours after said
meeting or rally;
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PROHIBITED FORMS OF
ELECTION PROPAGANDA
(Sec 85, BP 881)
GUTIERREZ
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PROHIBITED FORMS OF ELECTION
PROPAGANDA

 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;
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PROHIBITED FORMS OF ELECTION
PROPAGANDA

 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.
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PROHIBITED FORMS OF ELECTION
PROPAGANDA

 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.
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ADIONG VS COMELEC
G.R. NO. 103956 MARCH 31, 1992
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ADIONG V COMELEC

FACTS:
Blo Umpar Adiong – a senatorial candidate in the May 11, 1992
elections assails the COMELEC Resolution insofar as it prohibits the
posting of decals and stickers In “mobile” places like cars and
other moving vehicles. Such prohibition is violative of Sec 82 of the
Omnibus Election Code and Sec 11(a) of RA 6646. That being a
neophyte in the field of politics, he stands to suffer grave and
irreparable injury with this prohibition.
COMELEC Resolution No. 2347 – it provides for the lawful forms of
election propaganda and prohibited forms of the same. It has
been deemed unlawful “To draw, paint, inscribe, post, display or
publicly exhibit any election propaganda in any place, whether
public or private, mobile or stationary…”
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ADIONG V COMELEC:

RULING:
The Supreme Court ruled that such prohibition is null and void.
a) It unduly infringes on the citizen’s fundamental right of free speech
enshrined in the Constitution.
b) The questioned prohibition premised on the statute and as
couched in the resolution is void for overbreadth.
c) The constitutional objective to give a rich candidate and a poor
candidate equal opportunity to inform the electorate as regards
their candidacies, mandated by Article II, Section 26 and Article
XIII, section 1 in relation to Article IX (c) Section 4 of the
Constitution, is not impaired by posting decals and stickers on cars
and other private vehicles.
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ABS-CBN
BROADCASTING
CORP. VS COMELEC
G.R. No. 133486 January 28, 2000

INDONTO
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ABS-CBN BROADCASTING CORP.
VS COMELEC

FACTS:
COMELEC Resolution No. 98-1419 – restrained ABS-CBN or any other
groups, its agents, representatives from conducting such exit survey
on the following justifications:
1. Exit polls conducted by ABS-CBN might conflict with the official
COMELEC count, as well as the unofficial quick count of NAMFREL.
2. COMELEC had not authorized or deputized ABS-CBN to undertake
the exit survey.

NOTE: Exit poll - is a species of electoral survey conducted by

qualified individuals for the purpose of determining the probable
result of an election by confidentially asking randomly selected
voters whom they have voted for, immediately after they have
officially cast their ballots.
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ABS-CBN BROADCASTING CORP.
VS COMELEC

RULING: Petition granted.

a. The holding of exit polls an the dissemination of their results

trhough mass media constituted an essential part of the
freedoms of speech and of the press as provided for by Article
3, Section 4 of the 1987 Philippine Constitution.
b. COMELEC cannot ban the media totally in the guise of
promoting clean, honest, orderly and credible elections. Exit
polls which are properly conducted and publicized can be
vital tools in eliminating the evils of election-fixing and fraud.
 28

SWS INC VS
COMELEC
G.R. NO. 147571 MAY 5, 2001
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SWS INC VS COMELEC

FACTS:
SEC. 5.4 OF RA 9006 – provides that ”surveys affecting national
candidates shall not be published 15 days before and election and
surveys affecting local candidates shall not be published 7 days
before an election”.

COMELEC RESOLUTION 3636 – implements the provisions of RA 9006

SWS – argues that the restriction on the publication of election survey
results constituted prior restraint on the exercise of freedom of speech
without any clear and present danger to justify such restraint.
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SWS INC VS COMELEC

RULING:
a. SEC. 5.4 OF RA 9006 constitutes an unconstitutional
abridgement of freedom of speech, of expression and the
press.
b. It lays a prior restraint on freedom of speech, expression and
the press by prohibiting publication of election survey results
affecting candidates within the prescribed period before the
local election.
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CHAVEZ VS COMELEC
G.R. NO. 162777 AUGUST 31, 2004

CORTES
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CHAVEZ VS COMELEC

FACTS:
Francisco Chavez – in 2003 entered into agreements with certain
establishments to endorse his products. On December 30, 2003
however, he filed his certificate for candidacy for Senator.
COMELEC RESOLUTION 6520 (issued on January 06, 2004) –
provides under Sec. 32 that “advertisements…showing the image
or mentioning the name of a person, who subsequent to product
placement or display thereof becomes a candidate for public
office shall be immediately removed within 3 days after the
effectivity of these implementing rules
CHAVEZ – the billboards are merely product endorsements and
not election propaganda.
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CHAVEZ VS COMELEC

RULING:
The Supreme Court upheld the validity of COMELEC Resolution 6520 that all
propaganda materials including advertisements on print, in radio, or on
television, showing the image or mentioning the name of a person who,
subsequent to the placement or display thereof, becomes a candidate for
public office, be immediately removed, otherwise this shall be presumed as
premature campaigning in violation of the provisions of BP 881.

Upon filing of COC, billboards featuring candidate’s name and image

assumed partisan political character because the same indirectly promotes his
candidacy.
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CONTRIBUTION
AND EXPENSES
JOVELLANOS
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ELECTION CONTRIBUTION

 Includes a gift, donation, subscription, loan, advance or

deposit of money or anything of value, or a contract, promise
or agreement to contribute, whether or not legally
enforceable, made for the purpose of influencing the results of
the elections but shall not include services rendered without
compensation by individuals volunteering a portion or all of
their time in behalf of a candidate or political party.
(Sec 94, BP 881)
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ELECTION EXPENSES

 Includes the payment or delivery of money of anything of

value, or a contract, promise or agreement to make an
expenditure, for the purpose of influencing the results of the
election. (Sec 94, BP 881)
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PERSONS

 The term "person" includes an individual, partnership,

committee, association, corporation, and any other
organization or group of persons.

 (Sec.94. BP881)
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LIMITATIONS

(Sec 13, RA 7166)

 Authorized Expenses of Candidates and Political Parties
 The agreement amount that a candidate or registered
political party may spend for election campaign shall be as
follows:
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FOR CANDIDATES

 Ten pesos (P10.00) for President and Vice-President; and

 Three Pesos (P3.00) for other candidates for every voter
currently registered in the constituency where he filed his
certificate of candidacy: Provided, That a candidate without
any political party and without support from any political party
may be allowed to spend Five Pesos (P5.00) for every such
voter
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FOR POLITICAL PARTIES:

 Five pesos (P5.00) for every voter currently registered in the

constituency or constituencies where it has official candidates.
 41
PROHIBITED CONTRIBUTIONS

 Section 95. Prohibited contributions. - No contribution for purposes of partisan political activity shall be made
directly or indirectly by any of the following:

(a) Public or private financial institutions: Provided, however, That nothing herein shall prevent the making of any loan
to a candidate or political party by any such public or private financial institutions legally in the business of lending
money, and that the loan is made in accordance with laws and regulations and in the ordinary course of business;

(b) Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the
nation;

(c) Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions,
subdivisions or instrumentalities, with goods or services or to perform construction or other works;

(d) Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar
privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including
government-owned or controlled corporations;
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PROHIBITED CONTRIBUTIONS

(e) Natural and juridical persons who, within one year prior to the date of the election, have been
granted loans or other accommodations in excess of P100,000 by the government or any of its
divisions, subdivisions or instrumentalities including government-owned or controlled corporations;

(f) Educational institutions which have received grants of public funds amounting to no less than
P100,000.00;

(g) Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines;
and

(h) Foreigners and foreign corporations.

It shall be unlawful for any person to solicit or receive any contribution from any of the persons or
entities enumerated herein.
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PROHIBITED CONTRIBUTIONS

 Section 96. Soliciting or receiving contributions from foreign

sources- It shall be unlawful for any person, including a political
party or public or private entity to solicit or receive, directly or
indirectly, any aid or contribution of whatever form or nature
from any foreign national, government or entity for the
purposes of influencing the results of the election.
 44
PROHIBITED CONTRIBUTIONS

 Section 97. Prohibited raising of funds. - It shall be unlawful for any

person to hold dances, lotteries, cockfights, games, boxing bouts,
bingo, beauty contests, entertainments, or cinematographic,
theatrical or other performances for the purpose of raising funds for an
election campaign or for the support of any candidate from the
commencement of the election period up to and including election
day; or for any person or organization, whether civic or religious,
directly or indirectly, to solicit and/or accept from any candidate for
public office, or from his campaign manager, agent or representative,
or any person acting in their behalf, any gift, food, transportation,
contribution or donation in cash or in kind from the commencement of
the election period up to and including election day; Provided, That
normal and customary religious stipends, tithes, or collections on
Sundays and/or other designated collection days, are excluded from
this prohibition.
 45

LAWFUL EXPENDITURES
(Sec 102, BP 881)
JUMAWAN
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LAWFUL EXPENDITURES

xxx [N]o candidate or treasurer of a political party shall, directly or

indirectly, make any expenditure except for the following purposes:

 For travelling expenses of the candidates and campaign personnel in

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, postage, freight and express

delivery charges;

 For stationery, printing and distribution of printed matters relative to

candidacy;
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LAWFUL EXPENDITURES

 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;

 For newspaper, radio, television and other public advertisements;

 For employment of counsel, the cost of which shall not be taken into
account in determining the amount of expenses which a candidate or
political party may have incurred under Section 100 and 101 hereof;
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LAWFUL EXPENDITURES

 For copying and classifying list of voters, investigating and challenging

the right to vote of persons registered in the lists the costs of which shall
not be taken into account in determining the amount of expenses
which a candidate or political party may have incurred under Sections
100 and 101 hereof; or

 For printing sample ballots in such color, size and maximum number as
may be authorized by the Commission and the cost of such printing
shall not be taken into account in determining the amount of expenses
which a candidate or political party may have incurred under Sections
100 and 101 hereof.
 49

STATEMENT OF CONTRIBUTION
AND EXPENDITURES
(Sec 14, RA 7166)
 50
STATEMENT OF CONTRIBUTIONS AND
EXPENDITURES

 Every candidate and treasurer of the political party shall, within

thirty (30) days after the day of the election, file in duplicate with
the offices of the Commission the full, true and itemized statement
of all contributions and expenditures in connection with the
election.
 No person elected to any public offices shall enter upon the duties
of his office until he has filed the statement of contributions and
expenditures herein required.
 The same prohibition shall apply if the political party which
nominated the winning candidate fails to file the statement
required herein
 51
EFFECT OF FAILURE TO FILE STATEMENT

 (Sec 14, RA 7166)

 Offenders shall be liable to pay an administrative fine ranging
from One thousand pesos (P1,000.00) to Thirty thousand pesos
(P30,000.00), in the discretion of the Commission.
 For the commission of a second or subsequent offense under
this section, the administrative fine shall be from Two thousand
pesos (P2,000.00) to Sixty thousand pesos (P60,000.00), in the
discretion of the Commission. In addition, the offender shall be
subject to perpetual disqualification to hold public office.
 52

PILAR VS
COMELEC
245 SCRA 749
 53
PILAR VS COMELEC
FACTS:

Juanito Pilar – filed on March 22, 1992 his Certificate of Candidacy for the
position of member of the Sangguniang Panlalawigan. Three days later,
he withdrew the same.
A fine of P10,000 was imposed upon him for failure to file his statement of
contributions and expenditures, but he argues he cannot be held liable
because he was a “non-candidate,” having withdrawn his certificates of
candidacy.
COMELEC – issued a resolution imposing a fine upon Petitioner pursuant
to its Resolution No. 2348 dated January 13, 1992.
 54
PILAR VS COMELEC
HELD:
 Well-recognized is the rule that where the law does not distinguish,
courts should not distinguish, ubi lex non distinguit nec nos distinguere
debemus.

 In the case at bench, as the law makes no distinction or qualification

as to whether the candidate pursued his candidacy or withdrew the
same, the term "every candidate" must be deemed to refer not only
to a candidate who pursued his campaign, but also to one who
withdrew his candidacy.”
 The requirement to file the statement covers even those who
withdrew as candidates after having filed their certificates, because,
Sec. 14, RA 7166 does not make any distinction.
 55

END.