The 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

FAIR ELECTIONS ACT

Republic 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 Onair 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 shall Act 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 candidate or political party.

by

the

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 Propaganda Removal/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

Within five days from effectivity of Rules Application to erect common poster area Office of Election Officer

When to file

What to file

Where to file

Common poster area

Political parties/ Party-list groups Number of common poster areas Location 10 per councilor district Public places Independent candidates 10 per councilor district 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) partylist 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 propaganda Removal/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 propaganda Removal/confiscation/destruction

At the expense of the

Candidate Political party sectoral party, organization or coalition Person

responsible for the prohibited election propaganda.

Prohibited election propaganda Petition 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 With COMELEC, through its field office

Where to file

Prohibited election propaganda

Petition to confiscate/remove/ destroy/stop distribution

Grounds

Offensive to public morals Libelous Illegal Prohibited Subversive Irrelevant to the election issues.

Prohibited election propaganda

Petition to confiscate/remove/ destroy/stop distribution

COMELECs 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 propaganda

Petition to confiscate/remove/ destroy/stop distribution

COMELECs 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 space Guidelines

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 space

whether by purchase or donation and during campaign period

Media Entity
Radio

National candidates
Note more than 180 minutes Not more than 120 minutes

Local candidates
Not more than 90 minutes Not more than 60 minutes

Television

Equal access to media time and space Guidelines

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 space Guidelines

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 submission
1st report 2nd report 3rd report Last report National Local Positions Positions Within the 2nd week of Within the 2nd week of campaign period campaign period Within the 6th week of Within the 3rd week of campaign period campaign period Within the last week of Within the last week of campaign period campaign period Within 2 days before Within 2 days before election election

Equal access to media time and space Guidelines

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 space Guidelines

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 space Guidelines

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 space Guidelines

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 to air the other side and to correct substantive errors promptly

Recognize the duty

Equal access to media time and space Guidelines

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 time

To announce candidacies for national offices
Medium Acquisition by Comelec Allocation to candidates
Free, equal and impartial 3 calendar days Free, equal and impartial 3 calendar days

1st day

2nd day

3rd day

Print space

At least 3 national newspaper s At least 3 national TV and 3 national radio

Just compensation to publishers

Within 1st week of campaign period Within 1st week of campaign period

Within 5th week of campaign period Within 5th week of campaign period

Within 10th week of campaign period Within 10th week of campaign period

Air Time

Free

Comelec space and time

To announce candidacies for national offices

Each advertisement, maximum of 30second 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 time

To disseminate Comelec information
Medium
Print Space At least 1 newspaper of general circulation in province or city At least 1 major broadcasting station in province or city

Acquisition by Comelec Payment of just compensation

Free

Air time

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 Election period

When

Election Survey

Measurement of opinions and perceptions of the voters as regards a candidates

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 citizens 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 polls
Requirements

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 polls
Requirements

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 Contractor Dealer or In case of business firm/association, by its president or general manager

Report shall be signed and sworn to by

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 firms Duties

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 firms Duties

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 firms Prohibition

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
Candidates not supported by any political party Party-list candidates

P3.00 per registered voter in constituency

P5.00 per registered voter in constituency 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

thats all, folks

thank you and good day