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Module 4 Campaign

The document outlines the definition and classification of candidates in an automated election, detailing the criteria for becoming a full-fledged candidate and the implications of various election offenses. It compares and contrasts different cases related to candidates, including disqualification and nuisance candidates, and describes the procedures for filing petitions against candidates. Additionally, it provides guidelines for campaign activities, including what constitutes campaigning and the restrictions during the election period.

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lew.manarin
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0% found this document useful (0 votes)
10 views40 pages

Module 4 Campaign

The document outlines the definition and classification of candidates in an automated election, detailing the criteria for becoming a full-fledged candidate and the implications of various election offenses. It compares and contrasts different cases related to candidates, including disqualification and nuisance candidates, and describes the procedures for filing petitions against candidates. Additionally, it provides guidelines for campaign activities, including what constitutes campaigning and the restrictions during the election period.

Uploaded by

lew.manarin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Review of Modules 1 - 3

Dissecting the Definition of a Candidate in


an Automated Election
(2) A full-fledged candidate is one who:
“xxx Any person who files his 1. Intends to seek public elective office;
(1) There are no candidates certificate of candidacy within this 2. Filed his/her CoC from October 1 to 8,
2021 (or within period of substitution);
today, only candidates-in- period shall only be considered as 3. Has a valid CoC; and
waiting, aspirants, filers,
would-be candidates or a candidate at the start of the 4. Possesses all the qualifications and
none of the disqualifications;
inchoate candidates. campaign period for which he and where the campaign period has started
filed his certificate of candidacy: (Operative Fact).
(3) A would-be candidate
shall become a full-fledged
Provided, That, unlawful acts or
candidate, who can be held omissions applicable to a (4) From the date of COC-filing up to the
start of campaign period, the following
liable for unlawful acts or candidate shall effect only upon
omissions, only at the start rules are not yet applicable/ effective:
of the campaign period: that start of the aforesaid o Maximum amount per voter
o February 8, 2022 for o Types and specifications of
Nationally-Elected
campaign period: xxx” (Section campaign collaterals
o March 25, 2022 for 15, RA 9369, Amended o Vote-buying
o Release of Public Funds
Locally-Elected Automated Election Law) o Tri-Media Limits
Comparing & Contrasting Cases vs. Candidates
Grounds – Requirements – Period – Effects
Aspects Commission of an Deliberate Material Nuisance
Election Offense Misrepresentation Candidate
Pleading Petition to Disqualify a Candidate Petition to Deny Due Course or Petition to Declare a Candidate a
Cancel a Certificate of Candidacy Nuisance Candidate
Caption
(CoC)
Allegations/ A. Candidate who engages in: 1. Misrepresentation CoC filed to:
1. Vote-Buying 2. Material (i.e., must be related o put the election process in
Particulars/
2. Terrorism to qualifications, commission of mockery or disrepute
Grounds 3. Unlawful Expenditures a crime of moral turpitude, and o cause confusion among the
4. Unlawful Campaign violation of term rule; not voters by the similarity of the
5. Coercion of Subordinates material if name, profession, names of the registered
6. Threats, Intimidation and affiliation) candidates
Coercion 3. Deliberate intent to defraud No bona fide intention to run for
7. Unlawful release of public voters the office as clearly
funds 4. Candidate not actually demonstrated in other acts or
qualified circumstances (e.g., lack of
B. Permanent Residency elsewhere capability, track record, health,
exposure, age, funds, education
and affiliations)
Comparing & Contrasting Cases vs. Candidates
Grounds – Requirements – Period – Effects
Aspects Commission of an Deliberate Material Nuisance
Election Offense Misrepresentation Candidate
Where file COMELEC Division then COMELEC En Banc then Supreme Court

Who files Any Registered Voter or Any Any Registered Voter or Any o Any registered candidate for the
Registered Political Party Registered Political Party same position
o If ground is similarity in names, by
the Real Party-in-Interest (i.e.,
candidate with similar name with
nuisance candidate)
When file Not later than the date of o Within 5 days from last day o Within 5 days from the last day for
proclamation for CoC filing of CoC (10.08 to the filing of CoC (10.08 to 10.13)
10.13); but
o Not later than 25 days from
time of filing of subject CoC
(10.01-08 to 10.26-11.02)
Substitution Allowed Not allowed Not allowed
If proclaimed Respondent Succession (P/VP/ LGUs) or If lack qualifications, 2nd placer 2nd placer becomes the 1st placer or
unseated while in office Special Elections (Congress) becomes the 1st placer proclaimed nuisance stays in office
Who replaces the proclaimed Candidate if
unseated/ removed by final judgment after
Proclamation?
Case Filed vs. Candidate Replacement Justification
Petition to Deny Due Course For all positions: 2nd Placer for o Removed candidate was never
or Cancel CoC the same position is/ becomes a legitimate candidate
(Ground: Deliberate Material the 1st Placer o CoC void from the beginning
Misrepresentation/ Not o Removed because of the CoC
Qualified/ Not Eligible) o Votes of unseated candidate
considered stray/ not counted
Petition to Disqualify o President/ VP and LGU o Succession by operation of law
(Ground: Election Offense) Officials: Next-in-line o Removed candidate was a
assumes legitimate candidate
o Senator/ District o Removed not because of the
Representative: Winner in CoC but due to wrong/ offense
Special Elections assumes committed after filing of CoC
o CoC was valid
Q: Is substitution allowed after November 15?
A: It depends on the cause/ scenario.
5 Causes/ Scenarios Allowed? Reasons/ Remarks
(1) Candidate Not Qualified/ Not Eligible and Not Allowed o CoC void from the beginning
his/ her CoC Denied Due Course or Cancelled o Candidate was never a legitimate candidate
(Due to Deliberate Material Misrepresentation in CoC) o Effect of cancellation retroacts to time of CoC-filing

(2) Candidate Disqualified Allowed o CoC was valid


(Due to Commission of an Election Offense) o Candidate was a legitimate candidate
o Substitution allowed up to Election Day (May 9, 2022)
o Substitute Candidate must have same surname, and must belong to and
nominated by the same political party as the Original Candidate
(3) Candidate declared a Nuisance Not Allowed o CoC void from the beginning
o Candidate was never a legitimate candidate
o Effect of declaration retroacts to time of CoC-filing
(4) Candidate Dies Allowed o CoC was valid
o Candidate was a legitimate candidate
o Substitution allowed up to Election Day (May 9, 2022)
o Substitute Candidate must have same surname, and must belong to and
nominated by the same political party as the Original Candidate
(5) Candidate Withdraws Not o While Candidate can withdraw, s/he cannot be substituted since
Allowed deadline for substitution by reason of withdrawal was November 15
o Withdrawal will not affect liabilities, if any
Must all cases be filed with the COMELEC
st
Division at the 1 instance? No.
Divisions (if Judicial) En Banc (if Administrative)
1. Disqualification of a Candidate 1. Canvassing/ Proclamation of Senators and Party-List
2. Cancellation of a CoC 2. Failure of Elections
3. Declaring a candidate a 3. Postponement of Elections
nuisance 4. Election Offense (filing of information)
4. Election Protest 5. Annulment of Book of Voters
5. Quo Warranto 6. Cancellation of CoC based on final judgment of
6. Pre-Proclamation conviction with ancillary penalty of deprivation to
7. Annulment of Proclamation hold public office
8. Intra- and Inter-party 7. Use of Unprohibited Election Propaganda
9. Political Party Leadership 8. Allocation of Party-List seats
10. Registration of Political Parties 9. Accreditation of Major Parties
and Party-List Groups
Can a decision of a COMELEC Division be
directly elevated to the SC, bypassing the
COMELEC En Banc?
The Non-Exhaustion of Administrative Remedies,
o Regular Route in exceptional cases, may be allowed by the SC. In
SC o Exhaustion of connection with elections, these may be raised to
Administrative justify bypassing the COMELEC En Banc:
Remedies 1. Question is essentially Judicial
Certiorari
2. Pure question of Law
o Irregular Route 3. Constitutionality
En Banc o Non- 4. Transcendental Issue
Exhaustion of
5. Utter Disregard for Due Process
Administrative
MR Remedies 6. Strong Public Interest
7. Urgency/ Lack of Material Time
Division 8. Special Reasons demanding Immediate
Judicial Relief
Types of Rules – 2022 Elections
Type Examples
Supplementary No. 10695: Calendar of Activities for the 2022 National Elections
No. 10730: Rules on Campaigning (implementing Fair Election Act) 11.17
No. 10732: Rules on In-Person Campaign, Rallies, Miting de Avance 11.24
Procedural No. 9523: Amendment to the COMELEC Rules of Procedure
No. 10717: Procedure on Filing of Certificates of Candidacy
No. 10727: Casting and Counting Procedures
No. 10731: Canvassing Procedures
Penal No. 10730: Penalizing violation of Rules on Fair Election Act

Contingent No. 10712: Source Code Review as a result of choice of AES Technology
per RA 9369
Interpretative COMELEC Law Department Opinions and Media Statements

Internal Memorandums to COMELEC Departments


Memorandums to Law Enforcement Agencies
Quasi-Legislative Authority of COMELEC
Example: Section 13, Fair Election Act
Authority of the COMELEC to promulgate Rules; Election Offenses. - The
COMELEC shall promulgate and furnish all political parties and candidates and
the mass media entities the rules and regulations for the implementation of this
Act, consistent with the criteria established in Article IX-C, Section 4 of the
Constitution and Section 86 of the Omnibus Election Code.
Rules and regulations promulgated by the COMELEC under and by authority of
this Section shall take effect on the seventh day after their publication in at least
two (2) 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 mass
media.
Violation of this Act and the rules and regulations of the COMELEC issued to
implement this Act shall be an election offense punishable under the first and
second paragraphs of Section 264 of the Omnibus Election Code.
Candidates
Electoral Process & Cases Possible Cases

o Postponement of Elections
o Failure of Elections
o Election Protests
Aspirants/ Filers/ Poll Bets/ o Annulment of Proclamation
“Would-Be Candidates” Full-Fledged Candidates o Quo Warranto

Filing of
CoC Start of Canvass/ Assume
Pre- Election
Campaign Proclaim SOCE Office
10.01-08 Campaign Day
Period 02.08-Nat’l 05.10-16 06.08 06.30
(11.15 – 05.09
03.25-Local (~P/VP) (12nn)
05.09)

CoC Cancellation/ Disqualification/ Declare Nuisance Cases Permanent Vacancies


Substitution of Aspirants/ Candidates D&D Pre-Proc. in COMELEC
Withdrawal but no substitution > 11.15
Relevant Laws
o 1987 Constitution
o Omnibus Election Code, BP 881
(1985)
o Fair Election Act, RA 9006
(2001)

Module 4:
Campaign Dos and Don’ts
Not considered Campaigning
1. Acts and solicitations prior to campaign period
2. Acts of private persons which are not intended to promote the
election or defeat of a candidate
oRelief Work
oCharity Work
oNormal and customary religious stipends
oAdvocacy of social issues
oSeminars (on election laws)
3. Acts of public officers which are governance-related/ government
programs (unless covered by Public Works Ban)
4. Unless expressed by government officials, personal opinions, views,
and preferences for candidates, contained in blogs and micro-blogs
Candidates/ Campaign Support Staff ≡ APORs
(Authorized Persons Outside of Residence) during the
Campaign Period campaign period, regardless of the alert level system
and vaccination status.

March 25 to May 7
February 8 to May 7 (90 (45 days)
days)
District Reps/ Local
P/VP/Senators/ Party-
Elective Officials
List (Nationally-Elected)
(Locally-Elected)
Except Maundy Thursday (April 14) and Good Friday (April 15)
Public Works Ban
oFrom March 25 to May 8, 2022 (45-day period)
oAll Public Works except:
1. Maintenance of existing and/or completed public works project
2. Work undertaken by contract through public bidding held, or by
negotiated contract awarded, before the 45 day period before election
3. Payment for the usual cost of preparation for working drawings,
specifications, bills of materials, estimates, and other procedures
preparatory to actual construction
4. Emergency work necessitated by the occurrence of a public calamity, but
such work shall be limited to the restoration of the damaged facility
5. Ongoing public works projects commenced before the campaign period
or similar projects under foreign agreements
10 Allowable Forms
1. Forming Organizations 6. Soliciting Votes for or against a
2. Campaigning on Social Candidate
Media 7. Making Paid Advertisements
3. Holding Rallies (E-Rallies) 8. Using Mobile Units and Vehicles
and Caucuses
4. Making Speeches and 9. Displaying Signboard in HQ
Holding Interviews 10.Using Unprohibited but
5. Distributing Campaign COMELEC-Allowed Election
Materials Propaganda
Election Propaganda Political Advertisement
o Medium. Any matter o In broadcast media, political advertisements
broadcasted, published, printed, may take the form of spots, appearances on
displayed or exhibited, in any
medium television shows and radio programs, live or
o Association. Contains the name, taped announcements, teasers, and other forms
image, logo, brand, insignia, of advertising messages or announcements used
initials, and other symbol or by commercial advertisers.
graphic representation that is
capable of being associated with o Political advertising includes endorsements,
a candidate, and statements, declarations, or information
o Public. Exclusively intended to graphics, appearing on any internet website,
draw the attention of the public social network, blogging site, and micro-blogging
or a segment thereof site, which – when taken as a whole – has for its
o Purpose. Promote or oppose, principal object the endorsement of a candidate
directly or indirectly, the
election of the said candidate or only, or which were posted in return for
candidates to a public office consideration or are otherwise capable of
pecuniary estimation.
Rallies/ Public Meetings/ Miting de Avance
Definition Mass or concerted action held in a public place, indoors or outdoors, for the purpose of
soliciting votes and/ or undertaking any campaign or propaganda for or against a candidate
Protocols 1. Campaign Organizing Staff submits to EO Affidavit of Compliance with Health Protocols
2. Wear full-coverage face shields together with face masks
3. Persons not allowed: < 18 yo | > 65 yo | With immunodeficiency, comorbidity or other
health risks |heavily pregnant women
No Freebies No free transportation, food, drinks and anything of value within 5 hours before and after
Streamers 3’ x 8’ displayed 5 days before and removed ≤ 24 hours
Venue Types Enclosed Outdoor | Outdoor | Indoor
Alert Level Levels 1 – 5 | Classification by National/ Regional/ Provincial/ Municipal-City COMELEC
Campaign Committee (N/R/P/M-C CCC) | Appeal from PCCC to RCCC
2 Permits & 1. Filing with City/ Municipality | Posting | EO informed | LGU acts ≤ 3 days (inaction ≡
1 Notice approval) | Fair opportunity to all | Denial only on prior grant (appeal to PES/ NCR RED)
2. Public Rally: Inform EO prior to rally | Report expenses ≤ 7 days
3. No election campaign without prior approval of CCC
Applications with R/P/M-C CCC
Where R CCC: Presidential/ VP/ Senatorial/ Party-List
Candidates
P CCC: District Representative/ Provincial
Candidates
M-C CCC: Municipal/ City Candidates
When o ≤ 72 hours before event
o CCC denies or approves ≤ 48 hours
(inaction ≡ approval)
o Aggrieved party may appeal to higher CCC
(appeal letter | resolved ≤ 24 hours)
Who Candidate or Representative
Rallies/ Public Meetings: Thresholds
IATF Level In-Person Campaign Meetings/ Rallies
1 No limit
≤ 70% of the operational capacity of
the venue, whether indoor or outdoor

2 A candidate or campaign leader may


≤ 50% of the operational capacity of
be accompanied by ≤ 5 campaign
the venue, whether indoor or outdoor
support staff.

3 A candidate or campaign leader may


≤ 50% of the operational capacity of
be accompanied by ≤ 3 campaign
the venue for enclosed outdoor only
support staff.

4 Not allowed
≤ 30% of the operational capacity of
the venue for enclosed outdoor only

5 Not allowed Not allowed


In-Person Campaign Restrictions Rallies/ Meetings Restrictions Caravans/ Motorcades
Restrictions
o Entering any private dwelling o Handshakes, hugs, going arm-in-
during house-to-house arm, or any action that involves o Number of passengers
campaigning, even with the physical contact among the dependent on IATF level and
express permission of the candidate, their companions, type of vehicle
homeowner and the public o Stopovers, layovers, and other
o Crowding, or allowing there to o Taking selfies, photographs and similar stoppages for the
be, crowds that violate MPHS other similar activities that conduct of other election
around the candidate and his or require close proximity between campaign activities
her companions the candidate and their o Handshakes, hugs, kisses, going
o Handshakes, hugs, kisses, going companions, and the public arm-in-arm, or any action that
arm-in-arm, or any action that o Distribution of food and drink, involves physical contact among
involves physical contact among and all other goods or items the candidate, their
the candidate, their companions, and the public
companions, and the public o Taking selfies, photographs and
o Taking selfies, photographs and other similar activities that
other similar activities that Common Limitations require close proximity between
require close proximity between the candidate and their
the candidate and their 1. Physical Contact companions, and the public
companions, and the public 2. Close Proximity o Distribution of food and drink,
o Distribution of food and drink, and all other goods or items.
and all other goods or items 3. Food and Drinks
E-Rallies
10 Requirements/ Rules
Definition 1. Must be peaceful
oA rally under Article X of the Omnibus 2. Done during campaign period
Election Code which is conducted for 3. Candidates may receive, but cannot give, in-platform gifts and
an online audience. game currency during the e-rally
4. Not covered by the limitations on broadcast advertising
oDesigned to promote the election or
defeat of a particular candidate 5. Includes live streaming on the candidates’ social media
platforms
oIncludes holding of political caucuses, 6. Must include a disclosure that identifies it as a political rally
conferences, meetings, rallies, 7. Must comply with minimum health protocols
parades, or other similar assemblies, 8. Must be recorded and recording submitted to COMELEC EID
for the purpose of soliciting votes within 72 hours from airing
and/or undertaking any campaign or 9. No food and drinks 5 hours before and after the e-rally
propaganda for or against a candidate 10. Expenses must be documented
Internet, Mobile and SocMed
Allowed o Creating on any social media platform, user groups or community pages, for the purpose of
conducting campaigns or related partisan political activity
o Use of the internet to distribute campaign propaganda. This includes text-only posts on social
media, pictures, audio clips, and video clips, regardless of duration, and all combinations of such
formats.
Social o Collective of online communication channels, including websites and applications, that enable
Media users to create and share content, collaborate, and interact with each other. Video sharing sites
which allow users to post comments on individual entries
o “Social Media Account” refers to a user’s personalized access to a social networking site or
application, typically using a username and password combination.”
o “Social Media Post” refers to any text, audio, or graphic content – or any combination thereof –
published online using a social media account.
Nature Social media posts, regardless of format, whether original or re-posted from some source, which
may either be incidental to the poster’s advocacies of social issues or which may have, for its primary
purpose, the endorsement of a candidate only
Sign Incorporate sign language interpreters and closed captioning in broadcast election propaganda
Language intended for exhibition on the internet
Rules on SocMed
Registration Each registered political party/coalitions and candidate shall register with the COMELEC EID, the
website name and web address of all platform-verified official accounts, websites, blogs and/or other
social media pages of such political party or candidate within 30 days from the last day of the period
for the filing of the Certificates of Candidacy (10.08.2021 or up to 11.07.2021).
Regulation o Only verified accounts, websites, blogs, and/or social media pages may run electoral ads, and boost
or promote electoral posts. (Note: CR10730 imposes no requirement on # of subscribers)
o Even unregistered accounts subject to regulation
o Verification of official accounts by YouTube (badge)
Ban on Micro- Microtargeting (intended to analyze a person’s online usage, to preferentially serve ads) of electoral
Targeting ads shall not be allowed provided that electoral ads can be targeted using only the following criteria:
(1) geographical location, except radius around a specific location; (2) age; and (3) gender; provided
(Personalization)
further that contextual targeting options may also be used in combination with the above.
Truthful Information contained in online campaign propaganda shall be truthful and not misleading, nor shall it
tend to unjustifiably cast doubt on the integrity of the electoral process.
2 Disclosures 1. All electoral ads must show a disclosure that identifies who paid for the ad.
2. All electoral posts must show a disclosure that identifies it as a paid electoral ad, and discloses
who paid for the ad.
Where Allowed:
1. Private places with consent of owner
Printed Materials 2. Candidate Poster Areas
o Constructed/ funded by
Candidates
Type Size Place o EO permission
o Party/ Independent Candidate:
Printed Materials 8.5”W x For Distribution 1/ 5K voters
(e.g. Pamphlets, leaflets, 14”L 3. Common Poster Areas
cards, decals, stickers) o EO designated
o Public Places
Letters Any For Distribution o Parties: 12’ x 16’ (≤ 192 ft2)
(Handwritten or Printed) o Independent Candidates: 4’ x 6’
(≤ 24 ft2)
Posters 2’x 3’(taken Poster Areas o Parties agree on placement (if
as whole) Private Areas not, PES or NCR RED)
Streamers 3’x 8’ Rallies Where Not Allowed: Public Places
o Presumption of Posting by
Candidate
o If not remove ≤ 3 days from EO
Notice
o Unless common poster area
allowed by EO
Public Places
Government-
Publicly-Owned Government
Owned Public
Billboards Vehicles
Transport Vehicles

Overpasses/
Waiting Sheds/ Government
Underpasses/
Sidewalks Posts on Offices/ Buildings/
Flyovers/ Bridges/
Public Property Schools
Main Thoroughfares

Post/ Trees/ Plants/ Public Transport


Shrubs in Public Public Infrastructure Terminals/ Airports/
Structures Seaports
Headquarters
Number o National Candidate: 1/ Province/ Highly-Urbanized City (HUC)
o National or Regional Party: 1/ Province/ HUC
o Provincial Party: 1/ Municipality
o District Representatives: 1/ District if 1 Municipality-District | 1/
Municipality if >1 Municipality-District
o City/ Municipal Candidate: 1
Notice o National Party/ Candidate: Law Department and EID
o Provincial Candidate: PES
o City/ Municipal Candidate: EO
o NCR Party/ Candidate: NCR RED
Signboard o 1 3’ x 8’
o Put up ≤ 5 days from start of campaign period
Paid Political Media Advertisements
Type Nationally-Elected Locally-Elected
Print ≤ 1/4th page broadsheet | ½ page tabloid 3x/ week
Television ≤ 120 Minutes/ Station ≤ 60 Minutes/ Station
Radio ≤ 180 Minutes/ Station ≤ 90 Minutes/ Station
o Newsworthy appearances not counted in caps/ limits
o If 2 or more candidates appear, time appear/ mentioned/ promoted will be counted
for candidate
o Incorporate sign language interpreters and closed captioning in broadcast election
propaganda intended for exhibition on television
o Excludes e-rallies
Rules on Propaganda
Notices o “political advertisement paid for,” followed by the true and correct name and address of the
benefiting candidate or party
o “political advertisements paid by,” followed by the true and correct name and address of the
payor
o “printed free of charge” or “airtime for this broadcast was provided free of charge by” followed
by the true and correct name and address of the said publishing firm or broadcast entity
Consent Secure written consent of benefitting candidate or party if election propaganda donated

Personal Election propaganda materials donated or contributed by any person to a candidate shall not be
Acceptance printed, published or broadcasted, or exhibited, unless they are accompanied by the written
acceptance by said candidate or party, through the party treasurer. Such written acceptance of the
donated election propaganda materials must be personal to the candidate or party treasurer, and
cannot be delegated to their duly authorized representatives designated to receive donations or
contributions.
Gender- Not violate gender sensitivity principles, is obscene, offensive, discriminatory, or otherwise constitutes
Sensitive a violation of the Magna Carta of Women

Pre-Campaign Candidate must remove before start of campaign period (names, images, logos, brands, insignias,
initials, and other forms of identifiable graphical representations)
Rules on Notice
Printed Television
1. Sufficient Size (Readable) 1. Letters ≥ 4% of Vertical Picture
2. 12-Point if Printed Material is Height
≤ 2’ x 3’ 2. Visible duration of ad
3. Notice in Printed Box 3. Appear in Color Contrast
4. Printed in Color Contrast
Removal of Propaganda
Lawful Unlawful/ Prohibited Form
During the campaign o Any prohibited form of election propaganda shall
be stopped, confiscated, removed, destroyed, or 3 Procedures
period, it is unlawful torn down by COMELEC representatives, at the
expense of the candidate or political party for 1. EO Notice |Remove
for any person to whose apparent benefit the prohibited election ≤ 72 hours (if not,
propaganda materials have been produced,
remove, destroy, take displayed, and disseminated. presumed owner)
down or, in any o Any person, party, association, government agency
manner, deface or may likewise report to the COMELEC any 2. Complaint with EO
prohibited form of election propaganda for
tamper with, or confiscation, removal, destruction and/or | Summary Hearing
prevention of the distribution of any propaganda | Resolve ≤ 3 days
prevent the material on the ground that the same is illegal
distribution of any o The COMELEC may, motu proprio, immediately 3. COMELEC motu
order the removal, destruction and/or confiscation
lawful election of any prohibited propaganda material, or those propio
propaganda materials which contain statements or
representations that are illegal.
Rules for Media Companies 1
Compliance A newspaper or publication, radio, television or cable television station, or other mass media, or any
Warranty person may require any buyer to warrant under oath that such purchase is not in excess of the size,
duration or frequency authorized by law or these Rules
Fairness 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
Notice Prior (or ≤ 24-hour) notice to COMELEC (RED or EID if NCR) of television/ radio campaign of candidates
to ensure equal opportunities
Donated If the space for printed or published election propaganda is donated by the publishing firm, or the
Material airtime for broadcast election propaganda is given free of charge by the radio, or television station or
cable television, they shall bear and be identified by the reasonably legible or audible 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. This rule shall
also apply to online advertisements.
Preservation All broadcast and digital mass media entities shall preserve their broadcast logs or analogous records
for a period of 5 years from the date of broadcast for submission to the COMELEC whenever required.
Rules for Media Companies 2
Truthful All members of the news media, television, radio, print, or online, shall scrupulously report the news,
taking care not to suppress essential facts or distort the truth by omission or improper emphasis.
Schedule Certified true copies of broadcast logs, certificates of performance, and certificates of acceptance, or
other analogous record shall be submitted based on schedule (4 reports)
Copies Certified true copies of all contracts, reports and receipts, and other documents, accompanied by all its
digitization copies, shall be submitted to the CFO through electronic means at
campaignfinance@comelec.gov.ph
Other Side They shall recognize the duty to air the other side and the duty to correct substantive errors promptly and
without prejudice to the right of said broadcast entities to air accounts of significant news or newsworthy
events and views on matters of public interest.
Right to All registered parties and candidates shall have the right to reply to charges published or aired against
them. The reply shall be given publicity by the newspaper, television, and/or radio station which first
Reply printed or aired the charges with the same prominence or in the same page or section, or in the same
time slot as the first statement
Discount During the election period, media outlets shall give registered political parties and bona fide candidates a
discounted rate for their election propaganda from the average of the published rates charged in the last
3 calendar years prior to the election, as follows: Television – 50%; Radio – 40%; Print - 10%
Contracts
Advertising Business/ Contractor Internet
o The period when the political advertisement is o The full name of the candidate o The name of the candidate
scheduled to be published, broadcasted, or exhibited who incurred such or party in the
o The date when the contract was entered into expenditures advertisement
o The name and signature of the person who placed the o The nature or purpose of each o The name of the person or
advertisement, regardless of whether said person is a
contributor or donor, or the duly authorized expenditure advertising agency /public
representative of the candidate or party relations firm who paid the
o The description of the goods
o The name and signature of the candidate or party who advertisement
will benefit from the advertisement as a sign of or services provided by the
acceptance contractor or business firm o The Page Name or Account
o The particulars of the political advertisement (e.g. The o The date when the expenses Name or Handle where the
size of the advertisement as published on periodicals,
duration of the advertisement as published on were incurred advertisement was posted,
periodicals, duration of the advertisement in terms of originated, or uploaded
airtime, frequency, number of spots, and program or o The amount or cost thereof
timeslot, etc.) o The serial number of the o The particulars of the
o The serial number of the official receipt issued to the official receipt, cash invoice, or political advertisement
candidate by the mass media entity
other BIR-approved document o The amount or cost of the
o The amount or consideration paid for the
advertisement contract issued. advertisement
Others
Not listed and no longer prohibited
Examples Procedure
1. Gadgets Petition with COMELEC
2. Billboards En Banc
3. Tinplate-Poster
4. Clothing
5. Pens
Hearing
6. Lighters
7. Wallets Decision (Allow or Not)
8. Cigarettes
9. Flashlight
10. Sports Equipment Publication (If Allowed)
Prohibited Contributions
1. All SEC-registered 6. Franchise Holders
corporations
7. Donee Institution from
2. Financing Institutions Government (P100,000)
3. Public Utility Operator 8. Donee Educational Institutions
(P100,000)
4. Natural Resources Explorer
9. Foreigners/ Foreign Corporations
5. Government Contractors
10. Civil Servants and AFP
Q: How much can a candidate in the 2022
Elections spend for the campaign?
A: It depends on the elective position, party support/
membership and constituency
Position P/ Voter Maximum Allowable Expenditures
President/ Vice-President P 10.00 P 635,000,000 Covered in P 10/5/3 Caps Not Covered in Caps
Senator with Pol. Party P 3.00 P 190,500,000 1. Travel 1. Counsel
Senator (Independent) P 5.00 P 317,500,000 2. Compensation 2. Copying list of voters
3. Communications 3. Sample Ballots
District Reps w/ Pol. Party P 3.00 (P 3 x # voters) 4. Printed Materials
D. Reps (Independents) P 5.00 (P 5 x # voters) 5. Pollwatchers
Nat’l Pol. Party/ Party-List P 5.00 P 317,500,000 6. Office/ HQ
7. Advertisements
Local with Pol. Party P 3.00 (P 3 x # voters)
8. Political Meetings
Local (Independents) P 5.00 (P 5 x # voters) 9. Rallies
Note: Maximum amounts, Per Voter Cap of P 10/5/3 and 10. Social Media
accounting of expenditures apply only during campaign
periods, not before since there are no candidates prior. Note: Per COMELEC, there are 63.5M Voters.
Violations of Law and Rules
Offense Remedies Effect
Vote-Buying, Unlawful o DQ Cases o Disqualified (can be substituted)/
Expenditures Unlawful and/ or Unseated
Campaign (OEC) o Election Offense o Imprisonment: 1 < x < 6 years
o DQ: Hold Public Office and Suffrage
Violation of Provisions on Election Offense o Imprisonment: 1 < x < 6 years
Rallies and Food/ Drinks (OEC) o DQ: Hold Public Office and Suffrage
Violation of COMELEC Election Offense o Imprisonment: 1 < x < 6 years
Resolution No. 10730: o DQ: Hold Public Office and Suffrage
Campaign/ FEA
Violation of COMELEC Not Election Offense
Resolution No. 10732: In-
Person Campaign/ Rallies
www.albertocagra.com
09175353823
alberto agra
alberto.c.agra@gmail.com
Thank you. Good luck to all.

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