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The COMELEC ReportThe COMELEC Report
The National Electoral Reform Summit of 2002
EVALUATION OF THE 14 MAY 2001 ELECTIONS
Pre-election; Election Proper; Post Election
Pre-election
Delay in: Approval of the budget and release of
election funds Submission of project of precincts due to:
Late decision of the en banc on which voters list to use and whether to group the precincts or not
Working areas not adequate or conducive
Pre-election (2)
Lack of systems and procedures that resulted in: Misdelivered election forms and
paraphernalia Confusion
Several releasing points for Ballots (NPO) Election returns (Ernest Printing) Canvassing forms (COMELEC Central) Indelible ink (Old NPO)
Pre-election (3)
Assignment of inexperienced personnel in some working committees
Policy on Commissioners-in-Charge Arbitrary re-assignment of Election Officers
and Provincial Election Supervisors Unnecessary hiring of casuals Unregulated grant of overtime and travel
authority
Pre-election (4)
Late payment of honorarium to Boards of Election Inspectors
Lack of quorum during en banc meetings resulting in delays in decision-making
Election Proper
Delay in distribution of forms and supplies Missing names in the Computerized Voters
List Whereabouts of some Election Officers and
Provincial Election Supervisors unknown Inadequate communication and transport
facilities for information dissemination and monitoring
Post-Election
Frequent changes in the composition of the Boards of Canvassers
Confusion on payments of claims of members of Boards of Canvassers: Whether HONORARIUM or OVERTIME, or both
Double proclamation Non-compliance with canvassing rules Clerical or intentional errors
FAIRELECTIONS
ACTRepublic Act No. 9006 as implemented by Comelec
Resolution No. 3636 dated 01March 2001
Definition
Political Advertisement
Any matter Broadcasted Published Printed, or Exhibited
which draws the attention of the public or a segment thereof to promote or oppose, directly or indirectly, the election of a particular candidate or candidates to a public office.
Political Advertisement
May be in the form of Spots Live or taped announcement Identification spots Guesting on TV shows and radio
programs, and Other forms of advertising
messages or announcements used by commercial advertisers.
Media Practitioner
Any person who is not employed by the media entity but performs similar functions or has control over what is printed or
broadcasted, such as, talent or a block timer. If an official of a political party or a member of
the campaign staff of a candidate or political party, he shall not use his/her time or space to favor any candidate or political party.
Resignation or Leave of Absence Mass media columnist Commentator Announcer Reporter On–air correspondent or personality
Who is a candidate for any elective public office, or
Who is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall Be deemed resigned, if so required by their employer, or Take a leave of absence from his/her work as such
during the campaign period
Rallies, Meetings and Other Similar Political Activities
Any political party supporting official candidates or
Any candidate, individually or jointly with other aspirants may hold peaceful political meetings,
rallies or other similar activities during the campaign period Subject to the requirements of local
ordinances on the issuance of permits
Applications for Permit to hold public meetings, rallies
Filed with the authorized city or municipal official, who shall Acknowledge receipt thereof in writing Post the application immediately after its
filing, in a conspicuous place in the city hall or municipal building
Submit to the Election Officer on the first working day of each week The list of applications filed during the previous
week and Action taken thereon.
Action on Application Official concerned shallAct in writing
Within three (3) days after filing of an application for permit If not acted upon within three (3) days from the date of its filing, deemed approved.
Give all candidates, political parties, organizations or coalitions equal and fair opportunity as to Date, Time and Place, to hold public political meetings or rallies.
In the last week of the campaign periods, all independent candidates, political parties, organizations and coalitions shall be entitled to hold at least one public meeting or rally, at the time to be chosen by the applicant, in the public plaza or place where public political meetings or rallies are usually held.
Action on Application Approval of application shall include a condition that a
statement of expenses incurred in connection with the meeting or rally be submitted to the Election Officer
Denial of application for permit Ground: If prior written application by another candidate or
political party, organization or coalition for the same purpose has been approved.
Appeal: To the Provincial Election Supervisor, and in the National Capital Region to the Regional Election Director, who shall
Decide the same within forty-eight (48) hours after the filing of the appeal, and
Give notice of the decision to the parties. The decision shall be final and executory.
Notice to EO and Report of Expenses for holding meetings, rallies
Any candidate or political party, organization or coalition intending to organize and hold any public meeting rally or political activity in the city or municipality shall Notify the Election Officer concerned thereof
and, Submit to said officer a statement of
expenses incurred in connection therewith Within seven (7) working days after the said public
meeting, rally or activity
Prohibited acts during public meetings
Give or accept or contribute, free of charge, directly or indirectly Transportation Food Drinks Money Anything of value
During and within the five (5) hours before and after a public meeting
Lawful Election Propaganda Election propaganda, for national and
local positions, now allowed, whether on Television Cable television Radio Newspaper or Any other medium
Subject to the Limitation on authorized expenses of candidates
and political parties and Observance of truth in advertising.
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;
Lawful Election Propaganda Cloth paper or cardboard posters
whether framed or posted with an area not exceeding two (2) feet by
three (3) feet Exemption
Streamers not exceeding three (3) feet by eight (8) feet in size Displayed
at site of and on the occasion of a public meeting or rally; or
five (5) days before the date of the meeting or rally to be removed removed within twenty-four (24) hours after meeting or rally;
Lawful Election Propaganda
Paid advertisements in print or broadcast media, provided it shall: bear and be identified by the
reasonable 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.
Lawful Election Propaganda
Free of charge advertisement, provided it shall be identified by the words
“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 publishing firm or broadcast entity, if publication is given free of charge by the publishing firm, radio or television station.
Free of Charge Advertisement
Lawful Election Propaganda With written acceptance by the
candidate or political party. Written acceptance shall be
Attached to the advertising contract and Submitted to the COMELEC as provided
in hereunder.
Requirements for Published or Printed or Broadcast (whether paid or free of charge)
Lawful Election Propaganda
All media entities shall furnish the COMELEC with a copy of all contracts for advertising within five (5) days after its signing.
In every case, it shall be signed by the donor, the candidate concerned or by the duly authorized representative of the political party.
Lawful Election Propaganda All other forms of election
propaganda not prohibited by the Omnibus Election Code or of these rules File with the Comelec a verified
petition, in eight (8) legible copies, describing the election propaganda sought to be authorized, with samples thereof.
Petition for authority to use other forms of election propaganda If the Comelec authorizes use of
the requested election propaganda Petitioner to publish authorization in
two (2) newspapers of general circulation within one week after the authorization has been granted.
Petition for authority to use other forms of election propaganda
Comelec sets petition for hearing with notice to petitioner.
On the day following receipt of notice of hearing, petitioner causes publication of the petition,
together with notice of hearing, in two (2) newspapers of general circulation,
notifies Comelec of such action.
Lawful Election PropagandaRemoval/destruction/defacement During the campaign period it is
unlawful for any person to Remove Destroy Obliterate Deface in any manner Tamper with Prevent the distribution of
any lawful election propaganda.
Where to post campaign materials
Authorized common poster areas Private places with the consent of
the owner
Common poster area Who may avail
Candidates of political parties Party-list groups Independent candidates
When to file Within five days from effectivity of Rules
What to file Application to erect common poster area
Where to file Office of Election Officer
Common poster area
Political parties/ Party-list groups
Independent candidates
Number of common poster
areas
10 per councilor district
10 per councilor district
Location Public places Public places
Size 12 feet x 16 feet or 192 square
feet
4 feet x 6 feet or 24 square feet
Common poster areas
Limitations
Individual posters not to exceed 2 feet x 3 feet. In case of space limitations, reduce to
uniform size to accommodate all candidates
Area allocated to party or candidate cannot be used by another even with consent of former
Common poster area
Party-List Groups
Allocated at the rate of one common poster area for every thirty-two (32) party-list groups
If there are less than thirty-two (32) party-list groups, EO Reduces the size of the common poster area
depending on the total number of applicants for common poster area, provided each group entitled to post one 2 feet x 3 feet
poster
Common poster area
Party-List Groups If more than thirty-two (32) party-list
groups EO determines appropriate number and
size of common poster areas to equitably accommodate the total number of applicants
Party-list groups shall agree among themselves who will share each common poster area. In case no agreement is reached, EO shall group
the parties alphabetically.
Common poster area
Procedure for filing applications EO
Acts on application within three (3) days from receipt thereof
Determines if site is public, with heavy pedestrian or vehicular traffic, densely populated. Etc.
Equitably and impartially allocates sites to ensure maximum exposure of all propaganda materials
Common poster area
Procedure for filing applications Appeal from Order of EO
File within 2 days from receipt of Order with PES/RED-NCR, who shall Decide within 2 days from receipt of appeal Furnish copies of decision to
Parties concerned Law Department
Decision final and executory
Common poster area
Obligation of parties/candidates Within seven (7) days after the
elections, the candidates and party-list groups which applied for the erection of a common poster area shall Tear down the same at their own
expense and Restore the site into its original
condition.
Prohibited forms of election propaganda Campaign or propaganda materials
Posted outside of the authorized common poster areas or
Posted in private places without the consent of the owner
In excess of the size authorized by law Whether posted or distributed in any place.
Prohibited forms of election propaganda Publicly exhibiting in a theater,
television station or any public forum during the campaign period Movie, cinematography or
documentary portraying the life or biography of a candidate
Movie, cinematography or documentary portrayed by an actor or media personality who is himself a candidate
Prohibited campaign Outside of the campaign periods Holy Thursday Good Friday Day before election day, and Election day
Prohibited election propagandaRemoval/confiscation/destruction
COMELEC representative shall summarily Confiscate Remove Destroy Tear down
any prohibited election propaganda materials at the expense of the Candidate Political party Sectoral party, organization or coalition, or person
responsible for the prohibited election propaganda.
Prohibited election propagandaRemoval/confiscation/destruction At the expense of the
Candidate Political party sectoral party, organization or
coalition Person
responsible for the prohibited election propaganda.
Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution Who may file
Person Political party sectoral party, organization or coalition Association Agency office, bureau or department of
the government Where to file
With COMELEC, through its field office
Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution Grounds
Offensive to public morals Libelous Illegal Prohibited Subversive Irrelevant to the election issues.
Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution COMELEC’s duty
Resolve petition after summary hearing within six (6) hours from the time
petition is submitted for decision Decide petition ex parte
If parties concerned cannot be Contacted Unknown Refuse to appear at the hearing.
Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution COMELEC’s duty
motu proprio, immediately order Removal Destruction Confiscation
Prohibited propaganda material Materials containing statements/representations
Illegal Prohibited Patently libelous Offensive to public morals Subversive Tend to incite sedition or rebellion.
Equal access to media time and spaceGuidelines
All candidates shall have equal access to media time and space
Print advertisements shall not exceed One-fourth (1/4) page, in broadsheet
and One-half (1/2) page in tabloids
Frequency not to exceed thrice a week per newspaper, magazine or other publications, during the campaign period
Equal access to media time and spacewhether by purchase or donation and during campaign period
Media
Entity
National
candidates
Local
candidates
Radio Note more than 180 minutes
Not more than 90 minutes
Television Not more than 120 minutes
Not more than 60 minutes
Equal access to media time and spaceGuidelines Broadcast given free of charge by
the radio or television station, shall be identified by the words “Airtime for this broadcast was provided free of charge by” followed by the true and correct
name and address of the broadcast entity
Equal access to media time and spaceGuidelines
Each broadcast station or entity shall Submit to the EID and the Executive Director
a certified true copy of its certificates of performance for the review and verification of the Frequency Date Time and Duration of advertisement broadcasts for any
candidate or political party Preserve the broadcast logs for a period of
three (3) years from the date of broadcast, for production before the COMELEC whenever required.
Certificate of Performance
Frequency of submissionNational
Positions
Local
Positions
1st report
Within the 2nd week of campaign period
Within the 2nd week of campaign period
2nd report
Within the 6th week of campaign period
Within the 3rd week of campaign period
3rd report
Within the last week of campaign period
Within the last week of campaign period
Last report
Within 2 days before election
Within 2 days before election
Equal access to media time and spaceGuidelines
Each broadcast station or entity shall Submit copy of contracts for political
advertisements to the EID Executive Director Law Department
Within 5 days after its signing Signed by donor, candidate concerned or
duly authorized representative of political party
Equal access to media time and spaceGuidelines
No franchise or permit to operate a radio or television station shall, during the election period, be Granted Issued Suspended or Cancelled
Equal access to media time and spaceGuidelines
No radio, cable television or television station shall Allow 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 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.
Equal access to media time and spaceGuidelines
All members of media, television, radio or print, shall Scrupulously report and Interpret the news
taking care not to suppress essential facts or distort the truth by omission or improper emphasis
Recognize the duty to air the other side and to correct substantive errors promptly
Equal access to media time and spaceGuidelines
If there are violations of the provisions prescribed in these guidelines EID shall submit a report thereon to the
Law Department , together with the Corresponding copies of the contracts for
advertising Broadcast logs and Certificates of performance
For the filing of the appropriate charges against such violators
Right to reply Registered parties Bona fide candidates
have the right to reply to charges published against them.
Reply given publicity by Newspaper Television Radio station
which first printed/aired charges same prominence same page/section same time slot as the first statement.
Comelec space and timeTo announce candidacies for national offices
Medium Acquisition by Comelec
Allocation to
candidates
1st day 2nd day 3rd day
Print spac
e
At least 3 national
newspapers
Just compensation to publishers
Free, equal and impartial
3 calendar
days
Within 1st week of
campaign period
Within 5th week of
campaign period
Within 10th week
of campaign
period
Air Time
At least 3 national TV and 3 national
radio
Free Free, equal and impartial
3 calendar
days
Within 1st week of
campaign period
Within 5th week of
campaign period
Within 10th week
of campaign
period
Comelec space and timeTo announce candidacies for national offices
Each advertisement, maximum of 30-second spot
Cost of production at expense of candidate or political party
Air time to be allocated through raffle by the Executive Director
Comelec space and timeTo disseminate Comelec information
Medium Acquisition by Comelec
Print Space At least 1 newspaper of
general circulation in province or city
Payment of just compensation
Air time At least 1 major broadcasting
station in province or city
Free
Rates of political propaganda During the election period, media
outlet shall charge registered political parties and bona fide candidates a discounted rate of thirty percent (30%) for television twenty percent (20%) for radio ten percent (10%) for print
over the average rates charged during the first three quarters of the calendar year preceding the elections
Election surveys Who may conduct
Person (natural/juridical) Candidate Organization
When Election period
Election Survey Measurement of opinions and perceptions
of the voters as regards a candidate’s Popularity Qualifications Platforms
Matters of public discussion in relation to the election, including voters’ preference for candidates or publicly discussed issues during the campaign period.
Election surveys To be published with following
information: Name of person, candidate, party or
organization who commissioned or paid for the survey
Name of person, polling firm or survey organization who conducted the survey
Election surveys Period during which survey was
conducted Methodology used, including the
number of individual respondents Areas from which they were
selected Specific questions asked Margin of error of the survey Margin of error for each question
Election surveys Mailing address and telephone number
where the sponsor can be contacted to obtain a written report
The survey together with raw data gathered to support its conclusions shall be available for Inspection Copying, and Verification by the
COMELEC registered political party bona fide candidate, or any COMELEC – accredited citizen’s arm.
Election surveys A reasonable fee sufficient to cover
the costs of inspection, copying and verification may be charged
Surveys shall not be published fifteen (15) days before an election,
if affecting national candidates seven (7) days before an election, if
affecting local candidates
Exit Polls 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.
Exit pollsRequirements Result of the exit polls
May be announced after the closing of the polls on election day
Must identify the total number of respondents places where they were taken.
Said announcement shall state that the result is unofficial and does not represent a trend
Exit pollsRequirements Pollsters shall
Not conduct their surveys within fifty (50) meters from the polling place whether said survey is taken in a home,
dwelling place and other places Wear distinctive clothing Prominently wear their identification cards
issued by the organization they represent Inform the voters that they may refuse to
answer
Contractors/firms report of expenditures
Exact address of every Candidate Treasurer of political party Other persons making expenditures
Nature or purpose Date and cost
Report shall be signed and sworn to by Contractor Dealer or In case of business firm/association, by its
president or general manager
Contractors/firms report of expenditures Within thirty (30) days after the election,
every: Printer Manufacturer Seller or Other person or firm to whom an election
expenditure for election propaganda is made,
shall file with COMELEC a report showing the: Full name
Contractors/business firmsDuties Require every person making an
expenditure for and in behalf of a candidate or political party to Present Submit a written authority to incur
said expenditures
Contractors/business firmsDuties Keep and preserve at its place of business,
subject to inspection by the COMELEC or its authorized representatives copies of Written authority Contract Voucher Invoices Other records or documents
relative to said expenditures for a period of three (3) years after the date of the election.
Contractors/business firmsProhibition Enter any contract involving
election expenditures with representatives of candidates or political parties who do not have such written authority.
Authorized aggregate amount of election expenses
Official candidates of political parties
P3.00 per registered voter in constituency
Candidates not supported by any political party
P5.00 per registered voter in constituency
Party-list candidates P5.00 per registered voter in constituency
Political parties and coalitions
P5.00 per registered voter in constituency
Persons authorized to incur election expenditures Candidate Treasurer of a political party Any person authorized by said candidate
or political party The authority shall
Be in writing Be signed by the candidate or treasurer of the
political party, and State the full name and exact address of said
representative and the expenditures so authorized. Be attached to the statement of contributions or
expenditures
Effect of filing of certificate of candidacy by elective official
Any elective official, whether national or local, who has filed a certificate of candidacy for the same or any other office shall not be considered resigned from his office
Substitution of candidates In case of valid substitutions after the
official ballots have been printed, the votes cast for substituted candidates Shall be considered as stray votes but Shall not invalidate the whole ballot.
Official ballots (for automated system) shall provide spaces where the voters may write the name of the substitute candidates if they are voting for the latter If the substitute candidate is of the same
family name, this provision shall not apply
Deputized agencies Kapisanan ng mga Brodkasters ng
Pilipinas (KBP) Philippine Internet Service Operators
(PISO) Philippine Association of Private
Telephone Companies (PAPTELCO) Telecommunication Operators of the
Philippines (TOP) to conduct, in coordination with the
Education and Information Department, regular information campaign on the proper use of
any medium of communication including the broadcast and transmission of
information, during the campaign period
Election Offense
Violation of RA 9006 and these rules shall constitute an election offense
Any aggrieved party may file a verified complaint for violation of these rules with the Law Department of COMELEC
that’s all, folks
thank you and good day