Republic of the Philippines RECEIVED

COMMISSION ON ELECTIONS
Manila

RULES AND REGULATIONS MELO, Jose A. R., Chairman

IMPLEMENTING R ~ P U B L I CACT SARMIENTO, Rene V., f
1. Commissi-say-
NO. 9006, OTHERWISE KNOWN FERRER, Nicodemo T., Commissie
AS THE "FAIR ELECTION TAGLE, Lucenito N., Commission
PRACTICES ACT", iIN RELATION VELASCO, Ai.inando C., ~ornmissios
TO THE MAY: 10, 2010 YUSOPH, Elias R., Commission
f
SYNCHRONIZED I NATIONAL
AND LOCAL E L E ~ T I O N S ,AND
SUBSEQUENT ELFCTIONS.
LARRAZABAL, Gregorio Y., Commission
*
.
X.. .. . . . . . . .......... ..................x

Promulgated.. P s b ~ m ~4,2070
y
5-
RESOLUTION NO. BT58

WHEREfiS, Republic Act No. 9006 provides for the holding of free,
orderly, honegt, peaceful and credible elections through fair election
practices; I

WHEREeS, said Act allows the publication or broadcast, through

mass media, df political advertisements or propaganda for or against any
candidate or pr'olitical party;

WHEREFS, Section 6.4 of said A c t directs the Commission on

Elections to supervise the use and employment of press, radio and
television facilities insofar as the placement of political advertisements is
concerned s o , as to give candidates equal opportunities under equal
circumstance4 to malte ltnomrn their qualifications and stand on public
issues;

W H E R E ~ SSection
, 13 of the same Act requires the Commission to
promulgate tee necessary rules and regulations for tKe implementation
thereof; I
NOW, ~HEREFORE,the Commission, by virtue of the powers
vested in it by the Constitution, the Omnibus Election Code, Republic
Act Nos. 66461, 7166, 9006 and other related laws h a s RESOLVED, a s it
hereby RESOGVES, to promulgate the following rules and regulations
implementing /the Fair Election Practices Act.
!

S E C T I O ~1. Defnitions - A s used in this Resolution:

1. The lterm "election campaign" or "partisan political activity"

refers to any 4ct designed to promote the election or defeat of a particular
candidate or qandidates to a public office which shall include any of the
1
following: ,
 a. .Forming organizations, associations, clubs, committees or other
groups of persbns for the purpose of soliciting votes and/or undertaking
any campaign for or against a candidate;

b. Holdling 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;

c. Making speeches, announcements or commentaries, or holding

interviews for or against the election of any candidate for public office;

d. Publishing or distributing campaign literature or materials

designed to support or oppose the election of any candidate; or

e. Directly or indirectly soliciting votes, pledges or support for or

against any candidate.

2. The tgrm "candidate" refers to any person aspiring for or seeking

an elective public office who h a s filed his certificate of candidacy and who
has not died Qr withdrawfi or 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.

It also refers to any registered national, regional, or sectoral party,

organization or coalition thereof that h a s filed a manifestation to
participate uqder the party-list system which h a s not withdrawn or
which has not'been disqualified before the start of the campaign period.

3. T h e , term "political advertisement" refers to any matter

broadcast, published, printed, or exhibited which is intended to draw 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. In the broadcast media, political advertisements may
take the form pf spots, guestings in TV shows and radio programs, live or
taped announcements, teasers, and other forms of advertising messages
or announcements used by commercial advertisers.

4. The term "media practitioner" refers to a person who is not

employed by 2 media entity but performs similar functions or h a s control
over what is printed or broadcast such as a talent or a block timer.

5. The term "election survey" refers to the measurement of

opinions and, perceptions of the voters a s regards a candidate's
popularity, qyalifications, platforms or matters of public discussion in
relation to the election, including voters' preference for candidates or
publicly discubsed issues during the campaign period.

6. The term "exit polls" refers to a species of election survey

conducted by a qualified individual or a group of individuals for the
purpose of determining the probable result of a n election by
confidentially asking randomly selected voters for the names of
candidates thyy have voted for, immediately after they have officially cast
their ballots. , i
 S E C . 2 . . Campaign Periods. - For purposes of ,:the May 10, 2010
elections, the campaign periods shall be:

a. Febrdary 9 to May 8, 2010 for the election of President,

Vice Presidenti, Senators and Party-List Representatives; and

b. March 26 to May 8, 2010 for the election of members of

the House OF Representatives and elective provincial, city and
municipal officials.

For subsequent elections, the campaign period shall be that

prescribed by ihe Commission.

SEC. 3. Prohibited Campaigning. - It is unlawful for any person,

whether or not a voter or a candidate, or for any political party, or
association of persons to engage in a n election campaign or partisan
political activiv on Maundy Thursday, Good Friday, eve of Election Day,
and on Electio'n Day.

For purposes of the May 10, 2010 elections, campaigning is

prohibited on IApril 0 1, 20 10 (Maundy Thursday), April 02, 2010 (Good
Friday), May 09, 20 10 (eve of election day), and May 10, 2010 (election
day).
SEC. 4 . ,Intervention of Foreigners. - I t is unlawful for any foreigner,
whether juridical or natural person, to aid any candidate, or political
party, organizbtion or coalition, directly or indirectly, or to talce part in,
or influence in any manner, any election, or to contribute or malte any
expenditure in connection with any election campaign or partisan
political activity.

SEC. 5:Authorized Expenses of Candidates and Political Parties. -

The aggregate.amount that a candidate or registered political party may
spend for election campaign shall be a s follows:

a. For candidates for President and Vice-President - Ten pesos

(P1O.OO) for every voter;

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 he filed his certificate of
candidacy.

For othqr candidates with political party and with support from
any political ;party - Three pesos (P3.00) for every voter currently
registered in the constituency where he filed his certificate of candidacy.

c. For Political Parties/ Organizations/ Coalitions - Five pesos

(P5.00) for every voter currently registered in the constituency or
constituencieS where they have official candidates.

S E C . 6 . Persons Authorized to Incz~rElection Expenditures. - No

person, except the candidate, the treasurer of a political party, party-list
group, organization, and/or coalition thereof, or any person authorized
by said candidate or treasurer, shall make any expenditure in support of
I
 , .
o r , i n opposition to any candidate, political party, or party-list group,
organization, and/or coalition thereof.

The authority of any person to incur election expenditures for or on

behalf of any candidate, political party, or party-list group, organization,
and/or coalitipn thereof shall be in writing, signed by the candidate o1-
treasurer of the political party, or party-list group, organization, and/or
coalition therqof and shall state the expenditures so autl~orizedand the
I full name and exact address of the person so designated.

S E C . 7 . Report of Co~ztractorsor Business Firms. - Every printer,

manufacturer, seller or other person or firm to whom a n election
expenditure is made, shall, within thirty (30) days after the date of the
election, file with the Office of the Election Officer of t l ~ e
city/municipality where the printer, manufacturer, seller or other person
or firm h a s his business, a report setting forth the following:

a . The fyll name and exact address of every candidate, treasurer of

a political party, party-list group, organization, and/or coalition thereof,
or other person incurring such expenditure;

11 b. The nature or purpose of each expenditure;

Il c. The date and costs thereof; and

Il d. Such other particulars as the Commission may require.

The report shall be signed and sworil to by the contractor or

dealer, or, in the case of a business firm or association, by its president
or general manager. Said report shall lilcewise be submitted in digital
form, Excel format. (See Annex "A" for sample form)

I t shall be the duty of such person or firm to whom a n election

expenditure is made to require' every person malting ail expenditure for
and in behalf of a political party, party-list group, organization, and/or
coalition thereof, and bona fide candidate to present and submit a
written authority to incur such electoral expenditure, and to keep and
preserve a t f t s place of business, subject to inspection by the
Commission qr its authorized representatives, copies of such written
authority, contract, vouchers, invoices and other records or documents
relative to saiq expenditure for a period of three (3) years after the date of
the election to which they pertain.

It is unlpwful for any supplier, contractor or business firm to enter

into any contract involving election expenditures with 'representatives of
candidates, political parties, or party-list groups, organizations, and/or
coalition thereof without such written' authority.

The Commission is hereby vested with visitorial powers through its

duly authorized representatives to look into the books and records of
such person or entities to determine compliance with this Section.

SEC. 8, Lawful Election Propaganda. - Election propaganda,

whether on television or cable television, radio, newspaper or any other
medium, is hereby allowed for all registered political parties, national,
regional and sectoral parties or organizations participating under the,
I ,, .
I., . .
party-list system, and for all bona fide candidates seeking national and
local elective nositions subject to the limitation on authorized expenses of
candidates, p~liticalparties, and party-list groups, organizations, and/or
coalition theneof, observation of truth in advertising, and to the
supervision and regulation by the Commission.

Lawful election propaganda shall inc1i.lde:

a. Pamplzlets, leaflets, cards, decals, stickers or other written or

printed materials the size of which does not exceed eight and one-half
inches (8 %") in width and fourteen inches (14") in length;

b. Handwritten or printed letters urging voters to vote for or

against any particular political party or candidate for public office;

c. Posters made of cloth; paper, cardboal-d or any. other material,

whether framed or posted, with an area not exceeding two feet (2') by
three feet (3');

d. Streamers not exceeding three feet (3') by eight feet (8') in size
displayed a t the site and on the occasion of a public meeting or rally.
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;

e. Mobile units, vehicles motorcades of all types, whether engine or

manpower driven or animal drawn, with or without sound systems or
loud speakers'and with or without lights;

f. Paid advertisements in print or broadcast media subject to the

requirements set forth in Section 1 1 hereof and Republic Act 9006;

g. In headquarters or residences of candidates, lawful election

paraphernalia may be displayed, but banners or streamers referred to in
paragraph (d) above shall not be allowed;

h. All other forms of election propaganda not prohibited by the

Omnibus Election Code or these rules.

S E C . 9. Prohibited Forms of Election PI-opaganda. - During the

campaign peripd, it is unlawful:

a. To print, publish, post or distribute any newspaper, newsletter,

newsweekly, gazette or magazine advertising, pamphlet, leaflet, card,
decal, bumpei 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 rbdio 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 qorrect name and address of the candidate, political party,
or party-list group, organization, and/or coalition 'thereof for whose
benefit the elektion propaganda was printed or aired. I t shall likewise be
unlawful to publish, print or distribute said campaigll materials unless
they bear, and are identified by, the reasonably legible, or audible
 I 'a

"political advertisement paid bv," followed by the true and correct name
, and address of the payor.
I
b. To print, publish, broadcast or exhibit any such election
propaganda donated or given free of charge by any person or publishing
firm or broaqcast entity to a candidate, political party, or party-list
group, organization, and/or coalition thereof witllout the written
acceptance by the said candidate, political party, or party-list group,
organization and/or coalition thereof, and unless they bear and be
identified by the words "printed free of charge," or "airtime for this
broadcast was provided free of charge bv", 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 theatre, television

I

I
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 a n actor or media personality who is himself a candidate;

d. For ;uny newspaper or publication, radio, television or cable

television station, or other mass media, or any person malting 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, political
party, or party-list group, organization, or coalition thereof 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, political party,
party-list group, organization, and/or coalition thereof by unduly or
repeatedly referring to, or unnecessarily mentioning his name, or
including therein said candidate, political party, party-list group,
organization, and/or coalition thereof; and

!I 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.

The printing press, printer, or publisher who prints, reproduces or

publishes said campaign materials, and the broadcaster, station
manager, or owner of the radio or television station 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 further
suffer the penalties of suspension or revocation of franchise or permit in
I accordance with law.
I
I
11 S E C . 10. Petition for Authority to Use other Election Propaganda. -
Any person se'eking authority to use other forms of election propaganda
I
not covered by those enumerated in Sec. 8 hereof and not prohibited by
I law may file with the Commission, through the Clerlc of the Commission,
I a verified petition in eight (8) legible copies, describing the election
I propaganda sought to be authorized with samples thereof.
I
I
Upon receipt of the petition, the Clerlc of the Commission shall set
it for hearing and shall send notice thereof to the petitioner. On the day
following the receipt of the notice of hearing, the petitioner shall
I

the publication of the petition, together with the notice of hearing, in two
(2) newspapers of general circulation, notifying the Commission of such
action.

If the Commission authorizes the use of the requested election

propaganda, the authorization shall be published in two (2) newspapers
of general circulation within one (1) week after the authorization has
been granted.

SEC. 11. Requirements a n d / o r Li~nitationso n t h e U s e of Election

Propaganda through M a s s Media. - All registered political parties, party-
list groups, ~rganizations, and/or coalitions thereof, and bona fide
candidates shall have equal access to media time and space for their
election propaganda during the campaign period subject to the following
requirements and/or limitations:

a. Broadcast Election Propaganda

The duration of air time that a candidate, or registered political

party, party-list group, organization, and/or coalition thereof may use for
their broadcast advertisements or election propaganda shall be, a s
follows:
For candidates / One hundred twenty (120) minutes in television
Registered Political or cable television, and one hundred eighty (180)
parties for a National minutes in radio, for all television or cable
Elective Position television networks, or all radio stations whether
by purchase or donation, wherever located, per
station

For candidates / Sixty (60) minutes in television or cable

Registered Political television, and ninety (90) minirrtes in radio for all
parties for a Local television or cable networlts, or all radio stations
Elective Position whether by purchase or donation, wherever
located, per station

Provided that election expenses for broadcast election propaganda

shall comply with the election expenses limitation provided by law.

Provided, f~lrther,that a copy of the broadcast advertisement

contract be furnished the Commission, thru the Education and
Information Department, within five (5) days from contract signing and
before airing said advertisements.

Broadcast stations or entities shall allocate air time equally and

impartially, through raffle, to political parties, ,party-list groups,
organizations, and/or coalitions thereof, and bona fide candidates
subject to the requirements and/or liinitations on the use of media time
for election propaganda purposes herein provided.

Where feasible, said broadcast stations or entities may provide

common but separate time slots for the official candidates or registered
political parties and party-list groups, organizations, and/or coalitions
thereof, on one hand, and for independent candidates, on the other.

b. Printed or Published Election Propaganda

d'
 The maximum size of print advertisements for each candidate,
whether for a national or local elective position, or registered political
party, party-list group, organization, and/or coalition thereof, shall be, as
follows:

In broadsheets I One fourth (1/4) page

In tabloids I One half (1/ 2) page
Said print advertisement, whether procured by purchase, or given
free of charge, shall not be published more than three times a weelc per
~
I
newspaper, magazine, or other publication during the campaign period.

II c. Common requirements/limitations:

c.1. Any printed or. published, and broadcast election

propaganda for or against a candidate or group of candidates
to any public office shall 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 whose benefit the election
propaganda was printed or aired. It must also bear, and be
identified by, the reasonably legible, or audible words
"political advertisement paid bv," followed by the true and
correct name and address of the payor.

c.2. If the printed or published election propaganda is

donated by the publishing firm, or the broadcast election
propaganda is given free of charge by the radio, or television
or cable television station, it 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.

c.8 For the above purpose, each broadcast entity shall

submit to the Commission a certified true copy of its
broadcast logs and certificates of performance for the review
and verification of the frequency, date, time and duration of
advertisements aired for any candidate, political party, or
party-list group, organization and/or coalition thereof,
through:

11 c.3.1. For Broadcast Entities in the NCR

The Education and Information Department (EID)

which, in turn shall furnish copies thereof to the Law
Department of the Commission within five (5) days from
receipt thereof.

Ill c.3.2. For Broadcast Entities outside of the NCR

The City/Municipal Election Officer (EO) concerned

who, in turn, shall furnish copies thereof to the Education
and Information Department of the Commission which, in
?f'
1)
8
 turn shall furnish copies thereof to the Law Department of
the Coqmission within five (5)days from receipt thereof.
I

I All broadcast entities shall preserve their broadcast logs for a

I period of five (5)years from the date of broadcast for submission to the
Commission whenever required.

Certified true copies of said broadcast logs and certificates of

performance shall be submitted, as follows:

Candidates for lStReport . March 2-9, 2010

National Positions
2"d Report April 2-9, 2010
3rd Report May 1-8, 2010
Last Report May 11-14, 2010
Candidates for Local
Positions
1st Report April 5-9, 20 10
2nd Report April 19-23, 2010
3'd Report May 3-7, 20 10
Last Report May 11-14, 2010 1
For subsequent elections, submission of reports shall be
prescribed by the Commission.

SEC. 12. Written Acceptance of Advertising Contract. - Print,

broadcast or outdoor advertisements or election propaganda donated to a
candidate, p~litical party, or party-list group, organization, and/or
coalition thereof shall not be printed, published, broadcasted, or
exhibited, unless it is accompanied by the written acceptance by said
candidate, political party, or party-list group, organization, and/or
coalition thereof.

Such written acceptance shall be attached to the advertising

contract and ,shall be submitted to the Law Department, through the
CityIMunicipal Election Officer (EO) concerned, or in the case of the
National Capital Region (NCR), through the Education and Information
Department.

SEC. 13. Submission of Copies of Advertising Contracts. - Each

media entity (print or broadcast) shall submit a copy of its contracts for
advertising, promoting or opposing a political party, party-list group,
organization, and/or coalition thereof, or the candidacy of any person for
public office within five (5) days after its signing to the Commission,
through:

a. For Media Entities in the NCR

The Education and Information Department (EID)

which, in turn, shall furnish copies thereof to the Law
Department of the Commission.

b. For Media Entities outside of the NCR

Lo"
 The City/Municipal Election Officer (EO) concerned
who, i n ,turn, shall furnish copies thereof to the Education
and Information Department of the Commission within five
(5) days after the campaign periods. The EID shall furnish
copies thereof to the Law Department of the Commission.

In every case, s u c h advertising coiltracts s l ~ a l lbe signed by the

donor, the candidate concerned, or by the duly authorized representative
of the political party, party-list group, organization, and/or coalition
thereof.

It shall be the duty of the EID to formally inform media entities

that the latter's failure to comply with the mandatory provisions of this
SEC. shall be considered an election offense punishable under Sec. 39 of
this Resolution.

SEC. 14. Fair and Accurate Reporting. - All members of the media,
television, radio, or print shall scrupulously report and interpret the
news, taking care not to suppress essential facts or distort the truth by
omissian or improper emphasis. They shall recognize the duty to air the
other side and the duty to correct substantive errors promptly 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.

SEC. 15. No Stispension o f Franchise. - No franchise or permit to

operate a radio or television station shall be granted or issued,
suspended or cancelled during the election period.

SEC. 16. COMELEC Space and Time for Announcement of

Candidates. - The Commission shall procure print space and air time a s
follows:

'a.Print Space

The Commission shall, through the Education and Information

Department, upon payment of just compensation, procure print space in
a t least three (3) national newspapers of general circulation wherein
candidates for national office can announce their candidacies. Such
space shall be allocated free of charge equally and impartially to all
candidates for national office on three different calendar days, as follows:

lStday - within the first week of the campaign period;

2ndday - within the fifth week of the campaign period;
3'd day - within the tenth week of the campaign period.

b. Air Time

The Commission shall, through the Education and Information

Department, also procure free air time from a t least three (3) national
television networks and three (3) national radio networks wherein
candidates for: national office can announce their candidacies.

Said television and radio networlts shall provide to COMELEC all

airtime including prime time, that is adequate to enable all
for national nositions to announce their candidacies and programs of
government for such number of minutes and a t specific time slots a s
may be deterqined by the Director IV of the Education and Information
Department.

Air time shall be allocated free of charge equally and in~pal-tiallyto

all candidates for national office on three (3) different calendar days, as
follows:

lStday - within the first weelc of the campaign period;

2ndday - within the fifth weelc of the campaign period;
3rdday - within the tenth week of the campaign period.

Each advertisement shall be in the form of a maximum of thirty

(30) seconds spot, or in the form of interviews or campaign speeches at
time limits to be set by the Commission in consultation with said
candidates or the parties;

Costs of production of political advertisement shall be a t the

expense of the candidate or political party, but the speeches or interviews
shall be free of charge and the moderator shall be a COMELEC Official or
one designated by the COMELEC for the purpose.

SEC. 17. COMELEC Space and Time for COAfEL.EC Infonnation

Dissemination,- The Commission shall furthermore procure print space
and air time a g follows:

a. Print Space

The Copmission shall, through the Regional Election Director

(RED),or in the case of the National Capital Region (NCR), the Education
and Information Department, upon payment of J u s t compensation,
procure print space in a t least one (1) newspaper of general circulation in
the province or city which shall be lcnown as COMELEC Space to be
utilized exclu~ively for public information dissemination on election-
related concerns. In the absence of said newspaper of general circulation,
publication shall be done in any other magazine or periodical in the
province or city.

b. Airtime

The Copmission shall, through the Regional Election Director

(RED), or in the case of National Capital Region (NCR), the Education and
Information Department, also procure air time free of charge in at least
one (1) major broadcasting station or entity in every province or city
which shall be lcnown as COMELEC Time to be utilized exclusively for
public information dissemination on election-related concerns. In the
absence of a major station or entity, broadcasting shall be done in any
radio or television station in the province or city.

Each radio, television or broadcasting station chosen by the

Regional Election Director or the Director of the Education and
Information Department, a s the case may be, shall provide airtime
including primetime a t least 60 minutes daily.
 Interviews with candidates on their platforms or programs of
government may be considered a s election-related concern which the
Commission shall allow as it deems fit to raise the level of campaign to
public issues and vision of government, provided that the moderator or
interviewer shall be a COMELEC official or one designated by the
Commission specially for the purpose and provided further that all
candidates shall be given equal access and opportunity.

SEC. 18. Right to Reply. - All registered political parties, party-list

groups, organizations, and/or coalitions thereof, and bona fide
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 printed or aired the charges
with the same prominence or in the same page or section. or in the same
time slot a s the first statement.

S E C . 19. Rates for Political Propaganda. - During the election

period, media outlets shall charge registered political parties, party-list
groups, organizations, and/or coalitions thereof, and bona fide
candidates a discounted rate for their election propaganda over the
average rates charged during the first three (3) quarters of the calendar
year preceding the elections, a s follows:

a. For television - Thirty percent (30'%);

b. For radio - Twenty percent (20%);
c. For print - Ten percent (10%)

SEC. 20. Regulation of Election Propaganda through Mass Media. -

In all instances, the Commission shall supervise the use and
employment of press, radio and television facilities insofar a s the
placement of political advertisements is concerned to ensure that
candidates are given equal opportunities under equal circumstances to
make known their qualifications and their stand on public issues within
the limits set forth in the Omnibus Election Code, Republic Act No. 9006,
and these rules.

SEC. 2 1. Posting the Campaign Materials. - Political parties, party-

list groups, organizations, and/or coalitions thereof, and candidates may
post any lawful campaign material in:

a. Authorized common poster areas in public places subject to the

requirements and/or limitations set forth in the next follouring SEC.; and

b. Private places provided it h a s the consent of the owner thereof.

The posting of campaign materials in public places outside of the

designated common poster areas such a s streets, bridges, public
structures or buildings, trees, electric posts or wires, schools, shrines,
main thoroughfares and the lilte is prohibited. Persons posting the same
shall be liable together with the candidates and other persons who
caused the posting. It will be presumed that the candidates caused the
posting of campaign materials outside the common poster areas if he
does not remove the same within three (3)days from notice which shall
be issued by the Election Officer of the city or municipality where the
unlawful election propaganda are posted or displayed.
&
 Members of the PNP and other law enforcement agencies called upon
by the Election Officer or other officials of the COMELEC shall apprehend
the violators caught in the act, and file the appropriate charges against
them.

SEC. 22. Common Poster Areas. - Political parties, party-list

groups, organizations and/or coalitions thereof, and independent
candidates may, upon authority of the Commission, through the City or
Municipal Election Officer (EO) concerned, erect, a t their expenses,
common poster areas wherein they can post, display, or exhibit their
election propaganda to announce or further their candidacy subject to
the following requirements and/or limitations:
l
a. A common poster area does not refer to a post, a tree, the wall of
a building or a n existing public structure that is in active use, but a
structure, the location and number of which are herein below
determined, that is temporarily set u p by the candidates or political
parties for the exclusive purpose of displaying their campaign posters;

b. Each political party, party-list group, orga.nization, and/or

coalition thereof, independent candidate may put u p common poster
areas in every barangay, subject to the following conditions:

5,000 registered voters or less 1 common poster area

For every increment of 5,000 1 additional common poster area
registered voters thereafter

c. Such common poster areas shall be allowed by the Election

Officer (EO) only in public places such as plazas, markets, barangay
centers and the like where posters may be readily seen or read, with the
heaviest pedestrian and / or vehicular traffic in the city or municipality;

d. The Election Officer shall malte, and post in his office, a list of
the common poster areas in each city or legislative district in mid city or
municipality, indicating therein their exact locations, and furnish each
political party or candidate copies of 'said list a t the latter's expense, and
also the Provincial Election Supervisor and the Director IV of the
Education and Information Department;

e. The Flection Officer shall comply with his obligations in the

immediately preceding paragraph not later than five (5) days before the
start of the campaign period for national elections and failure to do so
shall make him liable for gross neglect of duty;

f. The size of each common poster area shall not exceed the
following dimensions:

f . l . For political parties and party-list groups - twelve (12) by

sixteen (16) feet, or its equivalent but not exceeding a total area of 192
square feet; and

f.2. For independent candidates - four (4) by six (6) feet or its
equivalent but not exceeding a total area of twenty four (24) square feet.
 g. The individual posters that may be posted. in each common
poster areas shall not exceed two (2) by three (3) feet. However, in case of
space limitations, posters of candidates of political parties may be
reduced to a uniform size to accommodate all candidates. This regulation
is also violated by making single letters of names having the maximum
size or lesser and then putting them together to form a size exceeding
two (2) by three (3) feet;
\

11. The common poster areas allocated to political parties, party-list

groups, organizations and/or coalitions thereof, and independent
candidates shall not be used by other political parties, party-list groups,
organizations a n d / o r coalitions thereof, and independent candidates
even with the consent of the former;

i. The common poster areas put u p for party-list groups,

organizations a n d / o r coalitions thereof shall be allocated a t the rate of
one (1) common poster area for every thirty-two (32) party-list groups,
organizations a n d / o r coalitions thereof;

j. In case there are less than thirty-two (32) party-list groups,

organizations a n d / o r coalitions thereof, applying to put u p the common
poster areas, the Election Officer (EO) concerned shall reduce the size of
the common poster area depending on the total number of applicants
thereof, provided that each group is entitled to post one two (2) feet by
three (3) feet poster;

k. In case there are more than thirty-two (32) party-list groups,

organizations a n d / o r coalitions applying to put u p common poster areas,
the Election Officer (EO) concerned shall determine the appropriate
number and size of common poster areas to equitably accommodate the
total number of applicants, subject to the provisions of the immediately
two (2) preceding paragraphs;

1. Political parties, party-list groups, organizations and/or

coalitions thereof, and independent candidates shall file their
applications to erect common poster areas with the Office of the
CitylMunicipal Election Officer (EO) concerned within five (5) days from
the effectivity of this Resolution; otherwise they must accept the listing
prepared by the Election Officer.

m. Within seven (7) days after the elections, the political parties,
party-list groups, organizations and/or coalitions thereof, and candidates
which applied for the putting u p of common poster areas shall tear down
the same a t their own expense and restore the site into its original
condition. Non-performance of this obligation shall be deemed a violation
of the law and regulation on the observance of common poster areas for
which the candidate and party concerned shall be liable.

n. No lawful election propaganda materials shall be allowed outside

the common poster areas except in private properties with the consent of
the owner or in such other places mentioned in these rules. Any violation
hereof shall be punishable as an election offense.

o. In all cases, the parties shall agree among themselves how their
individual posters in the common-poster areas shall be placed. In case no ,
agreement is reached, the Election Officer (EO) concerned shall
determine said placement by drawing of lots.

p. The Election Officer (EO) sha.11 act on all applications for

common poster areas within three (3) days from receipt thereof. For this
purpose, he shall determine whether the proposed common poster area
sites are pubkc places with heavy pedestria.n or vehicular traffic, or
business o'r commercial centers, or densely populated areas, and
equitably and 'impartially allocate the sites to ensure maximum exposure
of the lawful! propaganda materials of all political parties, party-list
groups, organizations, and/or coalitions thereof, and independent
candidates.

q. Any political party, party-list group, organization, and/or

coalition thereof, or independent candidate aggrieved by the action of the
Election Officer (EO) may appeal the same within two (2) days from
receipt of the order of said Election Officer (EO) to:

q. 1. The Provincial Election Supervisor (PES); or

q.2 The' Regional Election Director (RED), in the case of the

National Capital Region (NCR).

r. The Provincial Election Supervisor (PES) or Regional Election

Director (RED') concerned shall decide the appeal within two (2) days
from receipt thereof, furnishing copies of the decision to the parties
concerned and to the Law Department of the Commission. The decision
shall be final qnd executory.

SEC. 23. Establishment of Headquarters. - Every registered

political party or sectoral organization or coalition participating in the
party list system or candidate may be allowed to establish a
headquarters subject to the following:

a. A registered party with national constituency and a national

candidate may establish one headquarters in each province or highly
urbanized city;

b. A registered political party with regional constituency may

establish one headquarters in each province or highly urbanized city in
the region;

c. A registered political party with provincial constituency and a

provincial candidate may be allowed to establish one headquarters in
each municipality;

d. City candidates may be allowed to establish one headquarters

per councilor district;

e. Municipal candidates inay be allowed to establish one

headquarters in the entire municipality.

f. Lawful election propaganda may be displayed a t headquarters

subject to the limitations provided for in SEC. 8 (g) hereof.
 SEC. 24. Submission Of List Of Location Of Headquarters. - All
parties and candidates shall submit within five (5) days from their
establishment, the list showing the specific locations of all headquarters,
to the following offices:

a. Natiopal parties and candidates - LAW Department

b. Provincial parties and candidates - PES
c. City and Municipal parties and candidates - EO
d. Parties and Candidates in the NCR - RED

The Official of the COMELEC to whom the list of headquarters is

submitted shall furnish copies thereof to the Law Department and the
Education and Inforination Department, within five (5)days from receipt
of the list.

SEC. 25. Headquarters Signboard. - Before the start of the

campaign period, only one signboard, not exceeding three (3) feet by eight
(8) feet in size, identifying the place a s the headquarters of the party or
candidates is allowed to be displayed. Parties may put u p the signboard
announcing their headquarters not earlier than seven (7) days before the
start of the campaign period. Individual candidates, may put u p the
signboard announcing their headquarters not earlier than the start of the
campaign period. Only lawful election propaganda material may be
displayed or posted therein and only during the campaign period.

SEC. 26. Removal, Destn~ctionor Defacement of Lawful Election

Propaganda Prohibited. - During the campaign period, it is unlawful for
any person ta remove, destroy, obliterate or, in any manner, deface or
tamper with, or prevent the distribution of any lawful elec~ion
propaganda enumerated in SEC. 8 hereof.

SEC. 2'7. Removal, Conjiscation., or Destruction of Prohibited

Propaganda Materials. - Any prohibited form of election propaganda
materials shall be summarily stopped, confiscated, removed, destroyed,
or torn down by the representatives of the Commission, a t the expense of
the candidate, political party, party-list group, organization, and/or
coalition theieof, or person 'responsible for the prohibited election
propaganda materials.

Any person, political party, party-list group, organization, and/or

coalition thereof, association, agency, office, bureau or department of the
government may file with the Commission, through its field office, a
petition to confiscate, remove, destroy and/or stop the distribution of any
propaganda material on the ground that the same is offensive to public
morals, libelsus, illegal, prohibited, subversive or irrelevant to the
election issues.

The Commission, after summary hearing, shall resolve the petition

within six (6) hours from the time il is submitted for decision. Where the
parties concerned cannot be contacted or are unknown or refuse to
appear a t the hearing, the Commission may decide the petition ex parte.

The Commission may, motu proprio, immediately order the

removal, destruction and/or confiscation of any prohibited propaganda
material, or those materials which contain statements or representations
LY
that are illegal, prohibited, patently libelous, offensive to public morals,
subversive or which tend to incite sedition or rebellion.

S E C . 28. Creation of Task Force to Tear Dotun and Remove

Unlawjid Election Materials. - There is hereby created a task force to tear
down and remove all unlawful election materials composed of the
Election Officer as Chairman, the Station Commander of the P N P (Chief
of Police) a s Vice Chairman, and a third member belonging to any of the
deputized agencies of the Commission.

The Task Force shall have the following duties and functions:

a. To tear down and remove campaign propaganda materials

posted in public places outside the common poster areas;

b. To tear down and remove illegal campaign rnaterials wherever

posted or displayed;

c. To monitor and watch out for persons posting or distributing

said unlawful election paraphernalia and to arrest said persons caught
in the act; and

d. To make a report of said activities done by them.

S E C . 29. Removal of Campaign Materials. - All materials such a s

posters, streapers, stickers or paintings on walls and other materials
showing the picture, image or name of a person, and all advertisements
on print, in radio or on television showing the image or mentioning the
name of a candidate, made or done in violation of election laws prior to
the campaign period shall be immediately removed by said candidate and
radio station, print media or television station within 3 days after the
effectivity of these implementing rules and the start of the campaign
period; othenyise, he and said radio station, print media or television
station shall be presumed to have committed the pertinent election
offense during said campaign period for national candidates or for local
candidates a s the case may be.

S E C . 30. Election Surveys. - During the election period, any

person, whether natural or juridical, candidate or organization may
conduct a n election survey. The survey shall be published and shall
include the following information:

a. The name of the person, candidate, party, or organization that

commissioned or paid for the survey;

b. The name of the person, polling firm or survey organization who

conducted the survey;

c. The period during which the survey was conducted, the

methodology used, including the number of individual respondents and
the areas f r o p which they were selected, and the specific questions
asked;

d. The margin of error of the survey;.

~4''
I .

e. For each question for which the margin of error is greater than
that reported under paragraph (4), the margin of elfror for that question;
and ,
i
f. A mailing address and telephone numbed, indicating it as a n
address or telephone number a t which the sponsor can be contacted to
obtain a written report regarding the survey in accordance with the next
succeeding paragraph.

g. The survey together with raw data gathered to support its

conclusions shall be available' for inspection, copying and verification by
the Commission. Any violation of this SECTION shall constitute an
election offense.

SEC. 31. Exit Polls. - Exit polls may only be talten subject to the
following requirements:

a. Pollsters shall not conduct their surveys within fifty (50) meters
from the polling place, whether said survey is talten in a home, dwelling
place and other places;

b. Pollsters shall wear distinctive clothing and prominently weal-

their identification cards issued by the organization they represent;

c. Pollsters shall inform the voters that they may refuse to answer;
and

d. The results of the exit polls may be announced after the closing
of the polls on election day, and must identify the total number of
respondents, and the places where they were talten. Said announcement
shall state that the same is unofficial and does not represent a trend.

SEC. 32. Rallies, Ageetings and Other Political Activities. - Subject to

the requirements of local ordinances on the issuance of permits, any
political party supporting official candidates, party-list group,
organization, and/or coalition thereof, or any candidate, individually or
jointly with other aspirants, may hold peaceful political meetings, rallies
or other similar activities during the campaign period.

Any political party or candidate shall notify the election officer

concerned of any public rally said political party or candidate intends to
organize and hold in the city or municipality, and within seven worlting
days thereafter submit to the election officer a statement of expenses
incurred in connection therewith.

SEC. 33. Application for Permit to Hold Public Meetings, Rallies or

Other Political Activities. - All applications for permits to hold public
meetings, rallies and other similar political activities shall be filed with
the authorized city or municipal official who shall acknowledge receipt
thereof in writing. Immediately after its filing, the application shall be
posted in a conspicuous place in the city hall or municipal building.

The official before whom the application is filed shall submil to the
Election Officer (EO) concerned on the first working day of each week the
list of applications, if any, filed during the previous week and the action
taken thereon.
 SEC. 34. Action o n Application for Pennit. - Within three (3) days
after the filing of a n application for permit to hold public meetings, rallies
or other political activities, the local authority concerned shall act in
writing on said application. Any application not acted upon within three
(3) days from the date of its filing shall be deemed approved.

In acting on the application, the approving official shall give all

candidates, political parties, party-list groups, organizations and/or
coalitions thereof, equal and fair opportunity a s to date, time and place,
to hold public political meetings or rallies. In the last week of the
campaign period, all independent candidates, political parties, party-list
groups, organizations and/or coalitions thereof shall be entitled to hold
at least one public meeting or rally, a t the time to be chosen by the
applicant, in the public plaza or place where public political meetings or
rallies are usually held.

An application for permit shall be denied only on the ground that a

prior written qpplication by another candidate or political party, or party-
list group, organization and/or coalition thereof, for the same purpose
has been approved. Denial of any application may be appealed 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 shall give notice of the
decision to the parties. The decision shall be final and executory.

SEC. 35. Prohibited A c t s During Public Meetings. - It is unlawful for

any candidate, political party, party-list group, organization, and/or
coalition thereof, or any person to give or accept, free of charge, directly
or indirectly, transportation, food and drinks, or anything of value during
and within the five (5)hours before and after a public meeting, or to give
or contribute, directly or indirectly, money or things of value for such
purpose.

SEC. 36. Afass Media Columnist, Announcer or Personality Rzinning

for Public OfBce or is a Campaign Volunteer. - Any mass media columnist,
commentator, announcer, reporter, on-air correspondent, or personality
who is a candidate for any elective public office, or is a campaign
volunteer for or employed or retained in any capacity by any candidate,
political party, or party-list group, or organization, and/or c6ali tion
thereof, shall be deemed resigned, if so required by their employer, or
shall take a leave of absence from his/her worlc as such during the
campaign period; Provided, that after he h a s filed his certificate of
candidacy but before the campaign period, it shall be his obligation not
to use his media work for premature election campaign or partisan
political activity: Provided, finally, that any media practitioner who is an
official of a political party or a member of the campaign staff of a
candidate, political party, or party-list group, organization, and/or
coalition thereof, shall not use his/her time or space to favor any
candidate, political party, or party-list group, drganization, and/or
coalition thereof;

SEC. 37. Deputation.- a. The Commission hereby deputizes the

Philippine Information Agency (PIA), Kapisanan ng mga Brodkasters ng
Pilipinas (KBP), Philippine Association of Private Telephone Companies
(PAPTELCO), the Commission on Information and
 1; ., L Reao 8758

Technology (CICT), and the 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.

b. The Commissidn hereby deputizes local government units to

prevent, remove, destroy, confiscate or tear down any prohibited
propaganda materials without any partiality.

SEC. 38. Applicability to Overseas Absentee Voting. - This

Resolution shall apply in a suppletory character whenever applicable to
all resolutions on campaigning abroad under Republic Act 9 189.

SEC. 39. Election Offense. - Any violation of RA 9006 and these

rules shall covstitute a n election offense punishable under the first and
second paragraphs of Sec. 264 of the Omnibus Election'Code in addition
, to administrative liability whenever applicable. Any aggrieved party may
file a verified complaint for violation of these rules with the Law
Department of the Commission.

SEC. 40. Effectivity. - This Resolution shall take effect on the (7tll)
seventh day after its publication in two (2) daily newspapers of general
circulation.

SEC. 41. Publication and Dissemination. - The Education and

Information Department shall cause the publication of this Resolution in
a t least two (2) newspapers of general circulation, and furnish copies
thereof to all field offices of the Commission, and to the presidents or
secretaries of all registered political parties, and the party-list groups,
organizations, and/or coalitions thereof, candidates, mass media
entities, and deputized offices.

SO ORDERED.

Commissioner