July 21, 2005

COMELEC RESOLUTION NO. 7542

RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9006, OTHERWISE
KNOWN AS THE "FAIR ELECTION ACT", IN RELATION TO THE AUGUST 8, 2005
ARMM ELECTIONS AND SUBSEQUENT ELECTIONS

WHEREAS, Republic Act No. 9006 provides for the holding of free, orderly,
honest, peaceful and credible elections through fair election practices, and that for
purposes of the August 8, 2005 elections and all other elections and political exercises
subsequent thereto, political advertisements or propaganda for or against any
candidate or political party shall be published or broadcast through mass media;
WHEREAS, Section 6 of said Act 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 so as to give candidates equal
opportunities under equal circumstances to make known their quali cations and stand
on public issues;
CIcTAE

WHEREAS, Section 13 thereof requires the Commission to promulgate the

necessary rules and regulations for the implementation thereof;
NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested
in it by the Constitution, the Omnibus Election Code, Republic Act Nos. 6734, 6646,
7166, 9006 and other related laws has RESOLVED to promulgate as it hereby
promulgates, the following amended rules and regulations implementing the Fair
Election Act.

Definitions. As used in this resolution:

The term "election campaign" or "partisan political activity" refers to any
act designed to promote the election or defeat of a particular candidate or
candidates to a public office which shall include any of the following:
a.
Forming organizations, associations, clubs, committees or other
groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate;
b.
Holding political caucuses, conferences, meetings, rallies, parades
or other similar assemblies for the purpose of soliciting votes
and/or undertaking any campaign or propaganda for or against a
candidate;
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.
Direct or indirectly soliciting votes, pledges or support for or against
any candidate.
The term "candidate" refers to any person aspiring for or seeking an
elective public of ce who has led his certi cate of candidacy, or any
registered national, regional, or sectoral party, organization or coalition

SECTION 1.
1.

2.

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thereof that has led a manifestation to participate under the party-list

system.
3.

The term "political advertisement" refers to any matter broadcasted,

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
of ce. In the broadcast media, political advertisements make take the
form of spots, guestings in TV shows and radio programs, live or taped
announcements, teasers and other forms of advertising messages or
announcement used by commercial advertisers.
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4.

The term "media practitioner" refers to a person who is not employed by

the media entity but performs similar functions or has control over what is
printed or broadcasted such as a talent or a block timer.

5.

The term "election survey" refers to the measurement of opinions and

perceptions of the voters as regards a candidate's popularity,
quali cations, platforms or matters of public discussion in relation to the
election, including voter's preference for candidate or publicly discussed
issues during the campaign period.

6.

The term "exit polls" refers to a species of election survey conducted by a

quali ed individuals or a group of individuals for the purpose of
determining the probable result of an election by con dentially asking
randomly selected voters for the names of candidates they have voted for,
immediately after they have officially cast their ballots.

SECTION 2.
Nomination and Selection of Of cial Candidates. No political
convention or meeting for the nomination or selection of the of cial candidates of any
political party or organization or political groups or coalitions thereof shall be held, nor
shall any election campaign or partisan political activity for the purpose of enhancing
the chances of aspirants for nomination for candidacy to a public of ce by a political
party, organization and/or coalition thereof, be conducted earlier than forty- ve (45)
days before the day of the election.
SECTION 3.
Campaign Period. The campaign period for the August 8, 2005
ARMM elections shall be from June 24 to August 6, 2005.
SECTION 4.
Prohibited Campaign. It is unlawful for any person, or for any
political party, or association of persons to engage in an election campaign or partisan
political activity outside of the campaign period.
SECTION 5.
Acts not Considered Election Campaign. The following acts
shall not be considered as part of prohibited campaign even if done outside the
campaign period:
1.

Any of the acts enumerated in SECTION one (1) hereof if performed for the
purpose of enhancing the chances of aspirants for nomination as of cial
candidates of any political party, organization or coalition; and

2.

Public expression of opinions or discussions of issues in the forthcoming

election or on attributes of or criticisms against probable candidates
proposed to be nominated as of cial candidates in a forthcoming
convention of a political party, organization, and/or coalition thereof.

SECTION 6.
Intervention of Foreigners. It is unlawful for any foreigner,
whether juridical or natural person, to aid any candidate, or political party, organization
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or coalition, directly or indirectly, or to take part in, or in uence in any manner, any
election, or to contribute or make any expenditure in connection with any election
campaign or partisan political activity.
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SECTION 7.
Authorized Expenses of Candidates and Political Parties. The
aggregate amount that a candidate or registered political party may spend for an
election campaign shall be:
1.

For Candidates of Political Parties Three pesos (P3.00) for every voter
currently registered in the constituency where they led their certi cate of
candidacy;

2.

For Independent Candidates and Parties/Organizations/Coalitions of

Political Parties Five pesos (P5.00) for every such voter; and

3.

For Political Parties/Organizations/Coalitions Five pesos (P5.00) for

every voter currently registered in the constituency or constituencies
where they have official candidates.

SECTION 8.
Persons Authorized to Incur Election Expenditures. No person,
except the candidates, the treasurer of a political party, organization and/or coalition of
parties, or any person authorized by said candidates or treasurer, shall make any
expenditure in support of or in opposition to any candidate, political party, organization
and/or coalition of parties.
The authority of any person to incur election expenditures for or on behalf of any
candidate, political party, organization, and/or coalition thereof shall be in writing,
signed by the candidate or treasurer of the political party, organization and/or coalition
thereof and shall state the expenditures so authorized and the full name and exact
address of the person so designated.
SECTION 9.
Report of Contractors of Business Firms. Every printer,
manufacturer, seller or other person or rm to whom an election expenditure is made,
shall, within thirty (30) days after the date of the election, le with the Commission a
report setting forth the following:
1.

The full name and exact address of every candidate, treasurer of a political
party, organization and/or coalition thereof, or other person incurring such
expenditures;

2.

The nature or purpose of each expenditure;

3.

The date and costs thereof; and

4.

Such other particulars as the Commission may require.

The report shall be signed and sworn to by the contractor or dealer, or, in the
case of a business firm or association, by its president or general manager.
It shall be the duty of such person or rm to whom an election expenditure is
made to require every person making an expenditure for and in behalf of a political
party, organization, and/or coalition thereof, and bona de candidate to present and
submit a written authority to incur such electoral expenditure, and to keep and preserve
at its place of business, subject to inspection by the Commission or its authorized
representatives, copies of such written authority, contract, vouchers, invoices and other
records or documents relative to said expenditure for a period of three (3) years after
the date of the election to which they pertain.
ADEacC

It is unlawful for any supplier, contractor or business rm to enter into any

contract involving election expenditures with representatives of candidates, political
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parties, organizations and/or coalition thereof without such written authority.

SECTION 10.
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 and for all bona de candidates seeking
positions subject to the limitation on authorized expenses of candidates, political
parties, organizations and/or coalition thereof, observance of truth in advertising, and
to the supervision and regulation by the Commission on Elections (COMELEC).

Lawful election propaganda shall include:

a.
Pamphlets, lea ets, cards, decals, stickers or other written or printed
materials the size of which does not exceed eight and one-half inches (8
1/2") 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.
Cloth, paper or cardboard posters, 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
at the site and on the occasion of a public meeting or rally. Said streamers
may be displayed ve (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
requirement set forth in SECTION 13 hereof and Republic Act 9006;
g.
In headquarters or residences of candidates, lawful election paraphernalia
may be displayed, but banners and streamers referred to in paragraph (d)
above shall not be allowed;
h.
All other forms of election propaganda not prohibited by Omnibus Election
Code or these rules.
SECTION 11.
Prohibited Forms of Election Propaganda. During the
campaign period, it is unlawful:
1.
To print, publish, post or distribute any newspaper, newsletter,
newsweekly, gazette or magazine advertising, pamphlet, lea et, card,
decal, bumper sticker, poster, comic book, circular, handbill, streamer,
simple list of candidates, or any published or printed political matter and
to air or broadcast any election propaganda by television or radio for or
against a candidate or group of candidates to any public of ce, unless
they bear and be identi ed by the reasonably legible, or audible words
"political advertisement paid for", followed by the true and correct name
and address of the candidate, political party or organization and/or
coalition thereof for whose bene t the election propaganda was printed or
aired;
2.
To print, publish, broadcast or exhibit any such election propaganda
donated or given free of charge by any person or publishing rm or
broadcast entity to a candidate, political party or organization and/or
coalition thereof without the written acceptance by the said candidate,
political party, organization and/or coalition thereof, and unless they bear
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and be identi ed by the 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 rm or
broadcast entity;
3.
To show, display or exhibit publicly in a theatre, television station, or any
public forum, any movie, cinematography or documentary portraying the
life or biography of a candidate, or portrayed by an actor or media
personality who is himself a candidate;
4.
For any newspaper or publication, radio, television or cable television
station, or other mass media, or any person making 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
organization or coalition thereof, in excess of the size, duration or
frequency authorized by law or these rules;
5.
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, organization
and/or coalition thereof by unduly or repeatedly referring to, or
unnecessarily mentioning his name, or including therein said candidate,
political party, organization and/or coalition thereof; and
6.
To post, display or exhibit any election campaign or propaganda material
outside of authorized common poster areas in public places, or in private
places 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 advertisement, 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 accordance
with law.
SECTION 12.
Petition for Authority to Use other Election Propaganda. Any
person seeking authority to use other forms of election propaganda not covered by
those enumerated in Section 10 hereof and not prohibited by law may le with the
Commission a veri ed petition in eight (8) legible copies, describing the election
propaganda sought to be authorized with samples thereof.
Upon receipt of petition, 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 cause the publication of the petition, together with the notice of
hearing, in two (2) local newspapers of general circulation in the Region VII, 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) local newspapers of general circulation, said
region, within one (1) week after the authorization has been granted.
SECTION 13.
Requirements and/or Limitations on the Use of Election
Propaganda through Mass Media. All registered political parties, organizations
and/or coalition thereof, and bona de 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:
1.
Broadcast Election Propaganda
IDATCE

TDcCIS

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The aggregate 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 as follows:
a)

For candidates/Registered
One hundred twenty (120) minutes
Political parties for a
for each television or cable
National Elective Positions
television and one hundred eighty
(180) minutes for each radio station
whether by purchase or donation.

b)

For candidates/Registered
Sixty (60) minutes for each
Political parties for a Local
television or cable television,
Elective Positions
ninety (90) minutes for each radio
station whether purchase or
donation, provided that election
expenses for broadcast election
propaganda shall be considered in
determining compliance with the
election expenses limitation
provided by law.

Provided, that candidates shall not exceed the limits on campaign spending set
by law; and provided, further, that a copy of the broadcast advertisement contract be
furnished the Commission thru the Education and Information Department, before
airing said advertisements.

Printed or Published Election Propaganda

The maximum size of print advertisements for each ARMM candidate or
registered political party, organization and/or coalition thereof, shall be as follows:
a.
One fourth (1/4) page in broadsheets; and
b.
One half (1/2) page in tabloids
Said print advertisement, whether procured by purchase, or given free of charge,
shall be published three (3) times a week per newspaper, magazine, or other
publications in the ARMM during the campaign period.
1.
Common requirements/limitations
a.
Any printed or published, and broadcast election propaganda for or
against a candidate or group of candidates to any public of ce shall bear
and be identi ed 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 for whose bene t the election
propaganda was printed or aired;
b.
If the printed or published election propaganda is donated by the
publishing rm, or the broadcast election propaganda is given free of
charge by the radio, or television or cable television station, it shall bear
and be identi ed by the reasonable 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.
For the above purpose, each broadcast entity shall submit a certi ed true
copy of its broadcast logs and certi cates of performance for the review
and veri cation of the frequency, date, time, and duration of
advertisements aired for any candidate, political party, organization and/or
2.

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coalition thereof of the Commission, through:

For Broadcast Entities in the ARMM

The Provincial Election Supervisor who, in turn shall furnish copies
thereof to the Of ce of the Executive Director and the Law
Department of the Commission.
ii.
For Broadcast Entities outside of the ARMM
The Municipal Election Of cer (EO) concerned who, in turn, shall
furnish copies thereof to the Education and Information Department
of the Commission within five (5) days after the campaign periods.
All broadcast entities shall preserve their broadcast logs for a period of three (3)
years from the date of broadcast for production before the Commission whenever
required.
Certified true copies of said broadcast logs and certificates of performance shall
be submitted, as follows:
1.
For Candidates for Governor and Vice-Governor:
1st report within the four (4) days of the campaign period;
Last report within two (2) days before election day.
2.
For candidates for Regional Legislative Assembly:
1st report within the four (4) days of the campaign period;
Last report within two (2) days before election day.
SECTION 14.
Print, broadcast or outdoor advertisements or election
propaganda donated to a candidate, political party, organization and/or coalition
thereof shall not be printed, published, broadcasted, or exhibited, unless it is
accompanied by the written acceptance of the donation by said candidate, political
party, organization and/or coalition thereof.
Such written acceptance shall be attached to the advertising contract and shall
be submitted to the Commission, through the Municipal Election Of cer (EO)
concerned.
i.

SECTION 15.
Each media entity (print or broadcast) shall submit a copy of its
contracts for advertising, promoting or opposing a political party, organization and/or
coalition thereof, or the candidacy of any person for public of ce within ve (5) days
after its signing to the Commission, through:
TIaDHE

For Media Entities in the ARMM

The REGIONAL ELECTION DIRECTORS of Regions IX and XII, who, in turn,
shall furnish copies thereof to the Of ce of the Education and Information
Department, Executive Director and the Law Department of the
Commission.
b.
For Media Entities outside of the ARMM
The Municipal Election Of cer (EO) concerned who, in turn, shall furnish
copies thereof to the Education and Information Department of the
Commission within five (5) days after the campaign periods.
In every case, such advertising contracts shall be signed by the donor, the
candidate concerned, or by the duly authorized representative of the political party,
a.

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organization and/or coalition thereof.

SECTION 16.
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. 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 signi cant news or
newsworthy events and views on matters of public interest.
SECTION 17.
No franchise or permit to operate a radio or television station
shall be granted or issued, suspended or cancelled during the election period.
SECTION 18.
COMELEC Space and Time for Announcement of Candidacies.
The Commission shall procure print space and airtime as follows:

Print Space
The Commission shall, through the Regional Election Directors of Region IX
and XII in the ARMM, upon payment of just compensation, procure print
space in at least three (3) local newspapers or general circulation thereat,
wherein candidates for the ARMM elections, can announce their
candidacies. Such space shall be allocated free of charge equally and
impartially to all candidates on three (3) different calendar days, as
follows:
1st day within the first week of the campaign period;
2nd day within the third week of the campaign period;
3rd day within the last week of the campaign period.
b.
Air Time
The Commission shall, through Regional Election Directors of Region IX and
XII also procure free air time from the television networks available and at
least three (3) local radio networks in the ARMM, wherein the candidates
can announce their candidacies.
Said television and radio networks shall provide to Comelec all airtime
including prime time, that is adequate to enable all candidates in the
ARMM to announce their candidacies and programs of government for
such number of minutes and at speci c time slots as may be determined
by the Directors of Region IX and XII.
Air time shall be allocated free of charge equally and impartially to all 5th
District of Cebu candidates on three (3) different calendar days, as
follows:
1st within the first week of the campaign period;
2nd within the third week of the campaign period;
3rd within the last 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 with time limits to be set by
both Directors, in consultation with said candidates or the parties;
Costs of production of political advertisement shall be at 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 of cial or one designated by the Comelec for the
purpose.
a.

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SECTION 19.
COMELEC Space and Time for COMELEC Information
Dissemination. The Commission shall furthermore procure print space and air time
as follows:
a.
Print Space
The Commission shall, through the Regional Election Directors (REDs) of
Regions IX and XII, upon payment of just compensation, procure print
space in at least one (1) newspaper of general circulation in the Region VII
which shall be known as COMELEC Space to be utilized exclusively 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 ARMM.
b.
Airtime
The Commission shall, through the Regional Election Directors (REDs), also
procure air time free of charge from at least one (1) major broadcasting
station or entity in the ARMM which shall be known as COMELEC Time to
be utilized exclusively for public information dissemination on electionrelated 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 Provincial Election Supervisor concerned, as the case may be, shall
provide airtime including primetime at least 60 minutes daily.
Interviews with candidates on their platforms or programs of government may
be considered as election-related concern which the Commission shall allow as it
deems t to raise the level of campaign to public issues and vision of government,
provided that the moderator or interviewer shall be a Comelec of cial or one
designated by the Commission especially for the purpose and provided further that all
candidates shall be given equal access and opportunity.
SECTION 20.
COMELEC Space and Time for Debates of Candidates. The
Commission may require television and radio networks to sponsor at least one (1)
debate among candidates for Governor and Vice-Governor in the ARMM.
The debates between ARMM candidates for Governor and Vice-Governor shall be
scheduled on three (3) different calendar days, as follows:
1st debate

within the first and second week of the campaign

period;
2nd debate

within the sixth week of the campaign period;

3rd debate

within the tenth and eleventh week of the campaign

period.
SECTION 21.
Right to Reply. All registered political parties, organizations
and/or coalitions thereof, and bona de 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 rst printed or aired the charges with
the same prominence or in the same page or section or in the same time slot as the
first statement subject to the requirements set forth in SECTION 13 hereof.
SECTION 22.
Rates for Political Propaganda. During the election period,
media outlets shall charge registered political parties, organizations and/or coalitions
thereof, and bona de candidates a discounted rate for their election propaganda over
the average rates charged during the rst three (3) quarters of the calendar year
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preceding the ARMM elections, as follows:

1.

For television Thirty percent (30%);

2.

For radio Twenty percent (20%);

3.

For print Ten percent (10%).

SECTION 23.
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 as the placement of political advertisements is
concerned to ensure that candidates are given equal opportunities under equal
circumstances to make known their quali cations and their stand on public issues
within the limits set forth in the Omnibus Election Code and these rules.
SECTION 24.
Posting of Campaign Materials. Political parties,
organizations and/or coalition 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 following sections; and

b.

Private places, provided it has the consent of the owner thereof.

The posting of campaign materials in public places outside of the designated

common poster areas such as streets, bridges, public structures or buildings, trees,
electric posts or wires, schools, shrines, main thoroughfares and the like is prohibited.
Persons posting the same shall be liable together with the candidates and other
persons who caused the posting. Members of the PNP, the AFP and other law
enforcement agencies called upon by the Election Of cer or other of cials of the
Comelec shall apprehend the violators caught in agrante delicto and le the
appropriate charges against them.
SECTION 25.
Common Poster Areas. Political parties, organizations
and/or coalition thereof, and independent candidates may, upon authority of the
Commission, through the Municipal Election Of cers (EOs) concerned, erect, at their
expense, 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:
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1.

A common poster area does not refer to a post, a tree, the wall of a
building or an 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 up by the candidates or political parties for the exclusive
purpose of displaying their campaign posters;

2.

The total number of common poster areas that each political party,
organization, and/or coalition thereof, and independent candidate may
erect shall not exceed ten (10) for every one hundred thousand (100,000)
registered voters, or shall not exceed one (1) for every ten thousand
(10,000) registered voters in each city or legislative district in said city or
municipality;

3.

Such common poster areas shall be allowed by the Election Of cer (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;

4.

The Election Of cer shall make, and post in his of ce, a list of the common
poster areas in each city or legislative district in said city or municipality,

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indicating therein their exact location, and furnish each political party or
candidate copies of said list at the latter's expense, and also the Provincial
Election Supervisor in the ARMM and the Central Of ce in Manila, thru the
Education and Information Department;
5.

The Election Of cer shall comply with his obligations in Sec. 25 (4) of this
resolution not later than ve (5) days before the start of the campaign
period and failure to do so shall make him liable for serious neglect of
duty. His failure to enforce Sec. 25 (3) above shall also make him jointly
liable with the Provincial Election Supervisor;

6.

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

7.

a.

For political parties and organizations twelve (12) by sixteen (16)

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

b.

For independent candidates four (4) by six (6) feet or its

equivalent but not exceeding a total area of twenty four (24) square
feet.

The individual posters that may be posted in each common poster area
shall not exceed two (2) by three (3) feet. However, in case of space
limitations, poster of candidates of political parties may be reduced to a
uniform size to accommodate all candidates. Making single letters of
candidate's name having a maximum size or lesser and then putting them
together to form a size exceeding two (2) by three (3) feet, shall constitute
a violation of this provision.
DACaTI

8.

The common poster areas allocated to political parties, organizations

and/or coalitions thereof, and independent candidates shall not be used by
other political parties, organizations and/or coalitions thereof, and
independent candidates even with the consent of the former.

9.

Political parties, organizations and/or coalitions thereof, and independent

candidates shall le their applications to erect common poster areas with
the Of ce of the Municipal Election Of cer (EO) concerned within ve (5)
days from the effectivity of this Resolution; otherwise they must accept
the listing prepared by the Election Officer.

10.

Within seven (7) days after the elections, the political parties,
organizations and/or coalitions thereof, and candidates which applied for
the putting up of common poster areas shall tear down the same at their
own expense and restore the site into its original condition. Nonperformance 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.

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.
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.
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The Election Of cer (EO) shall act on all applications for common poster areas
within three (3) days from the receipt thereof. For this purpose, he shall determine
whether the proposed sites where the common poster areas will be erected are public
places with heavy pedestrian or vehicular traf c or business or commercial centers, or
densely populated areas and equitably and impartially allocated the sites to ensure
maximum exposure of the lawful propaganda materials of all political parties,
organizations and/or coalitions thereof, and independent candidates.
Any political party, organization and/or coalition thereof, or independent
candidate aggrieved by the action of the Election Of cer (EO) may appeal the same
within two (2) days from receipt of the order of said Election Officer (EO) to:
a.

The Provincial Election Supervisor (PES); or

b.

The Regional Election Director (RED)

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 and executory.
aHDTAI

SECTION 26.
Not more than one (1) headquarters in each province may be
allowed to be established for a political party or coalition of parties or candidate for the
duration of the ARMM elections.
SECTION 27.
All parties and candidates shall submit within ve (5) days from
establishment of the headquarters the list of thereof showing their speci c locations to
the Offices of the Provincial Election Supervisor, thru the Election Officers.
The Comelec of cial to whom the list of headquarters was of cially submitted
shall furnish copies thereof to the Law Department within ve (5) days from receipt of
the list.
SECTION 28.
Before the start of the campaign period, only one signboard
identifying the place as the headquarters of the party or candidates is allowed to be
displayed, not exceeding 3 ft. by 8 ft. in size. Parties may put up the signboard
announcing their headquarters not earlier than seven (7) days before the start of the
campaign period. Individual candidates may put up 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.
SECTION 29.
Removal Destruction or Defacement of Lawful Election
Propaganda Prohibited. During the campaign period, it is unlawful for any person to
remove, destroy, obliterate or, in any manner, deface or tamper with, or prevent the
distribution of any lawful election propaganda enumerated in SECTION 10 hereof.
SECTION 30.
Removal, Con scation, or Destruction of Prohibited
Propaganda Materials. Any prohibited form of election propaganda materials shall
be summarily stopped, con scated, removed, destroyed, or torn down by the
representatives of the Commission, at the expense of the candidate, political party,
organization and/or coalition thereof, or person responsible for the prohibited election
propaganda materials.
Any person, political party, organization and/or coalition thereof, association,
agency, of ce, bureau or department of the government may le with the Commission,
through its eld of ce, a petition to con scate, remove, destroy and/or stop the
distribution of any propaganda material on the ground that the same is offensive to
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public morals, libelous, 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 it is submitted for decision. Where the parties concerned cannot
be contacted or are unknown or refuse to appear at the hearing, the Commission may
decide the petition ex parte.
The Commission may, motu propio, immediately order the removal, destruction
and/or con scation of any prohibited propaganda material, or those materials which
contain statements or representations that are illegal, prohibited, patently libelous,
offensive to public morals, subversive or which tend to incite sedition or rebellion.
acIASE

SECTION 31.
Creation of Task Force to Tear Down and Remove Unlawful
Election Materials. There is hereby created a task force to tear down and remove all
unlawful election materials, constituted as follows:
a)

Supervisory Task Force shall be composed of the Election Of cer as

Chairman, the Station Commander of the PNP (Chief of Police) as ViceChairman and Coordinator of the accredited citizens arm as 3rd member.
This will supervise the operation throughout the city/districts or
municipality;

b)

Barangay Task Force shall be composed of the Barangay Chairman as

Team Leader, representative of the accredited citizens arm as Vice-Team
Leader and all the Barangay Tanods as Member.

c)

The Task Force shall have the following duties and functions:
1.

To tear down and remove campaign propaganda materials posted

in public places outside the common poster areas.

2.

To tear down and remove illegal campaign materials wherever

posted or displayed.

3.

To make a report of said activities done by them.

4.

To monitor and watch out for persons posting or distributing said

unlawful election paraphernalia and to arrest said persons caught in
flagrante delicto.

SECTION 32.
All propaganda materials such as posters, streamers, 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 person, who subsequent to the placement or display thereof
becomes a candidate for public of ce shall be immediately removed by said candidate
and radio station, print media or television station within three (3) days after the
effectivity of these implementing rules; otherwise, he and said radio station, print media
or television station shall be presumed to have conducted premature campaigning in
violation of Section 80 of the Omnibus Election Code.
SECTION 33.
Election Surveys. During the election period, any person,
whether natural or juridical, a candidate or an organization may conduct an election
survey. The survey shall be published and shall include the following information:
1.

The name of the person, candidate, party or organization who

commissioned or paid for the survey;

2.

The name of the person, polling firm or survey organization who conducted
the survey;

3.

The period during which the survey was conducted, the methodology used,

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including the number of individual respondents and the areas from which
they were selected, and the specific questions asked;
aACHDS

4.

The margin of error of the survey;

5.

For each question for which the margin of error is greater than that
reported under paragraph (4), the margin of error for that question; and

6.

A mailing address and telephone number, indicating it as an address or

telephone number at which the sponsor can be contacted to obtain a
written report regarding the survey in accordance with the next succeeding
paragraph.

The survey together with raw data gathered to support its conclusions shall be
available for inspection, copying and veri cation by the Commission or by a registered
political party, or bona de candidate, or by any accredited citizens' arm of the
Commission. A reasonable fee suf cient to cover the costs of inspection, copying and
verification may be charged.
SECTION 34.
Exit Polls. Exit polls may only be taken subject to the
following requirements:
1.

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

2.

Pollsters shall wear distinctive clothing and prominently wear their

identification cards issued by the organization they represent;

3.

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

4.

The result 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 take. Said announcement shall state that the
same is unofficial and does not represent a trend.

SECTION 35.
Rallies Meetings 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.
SECTION 36.
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 led with the authorized city or municipal
of cial who shall acknowledge receipt thereof in writing. Immediately after its ling, the
application shall be posted in a conspicuous place in the city hall or municipal building.
CSEHcT

The of cial before whom the application is led shall submit to the Election
Of cer (EO) concerned on the rst working day of each week the list of applications, if
any, filed during the previous week and the action taken thereon.
SECTION 37.
Action on Application for Permit. Within three (3) days after
the ling of an 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 ling shall be
deemed approved.
In acting on the application, the approving of cial shall give all candidates,
political parties, organizations and/or coalitions thereof, equal and fair opportunity as
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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/or coalitions thereof 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.
The approval of an application shall include a condition that a statement of
expenses incurred in connection with the meeting or rally be submitted to the Election
Officer (EO) as prescribed in the next succeeding section.
An application for permit may be denied on the ground that a prior written
application by another candidate or political party, organization and/or coalition
thereof, for the same purpose has been approved. Denial of any application may be
appealed to the Provincial Election Supervisor or to the Regional Election Director who
shall decide the same within forty-eight (48) hours after the ling of the appeal, and
shall give notice of the decision to the parties. The decision shall be final and executory.
SECTION 38.
Notice to Election Of cer and Report on Expenses. Any
candidate, political party, organization and/or coalition thereof intending to organize
and hold any public meeting, rally or political activity in the city or municipality shall
notify the Election Of cer (EO) concerned and, within seven (7) working days after the
said public meeting, rally or activity, submit to said of cer a statement of expenses
incurred in connection therewith.
SECTION 39.
Prohibited Acts During Public Meetings. It is unlawful for any
candidate, political party, 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 ve (5) hours before and after a public meeting, or to give
or contribute, directly or indirectly, money or things of value for such purpose.
SECTION 40.
Effect of Filing of Certificate of Candidacy by Effective Officials.
Any elective of cial, in the ARMM who has led a certi cate of candidacy for the
same or any other office in the ARMM shall not be considered resigned from his office.
SECTION 41.
Mass Media Columnist, Announcer or Personality Running for
Public Of ce 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 of ce, or is a campaign volunteer for or employed or retained in any
capacity by any candidate, political party or organization and/or coalition thereof, shall
be deemed resigned, if so required by their employer, or shall take a leave of absence
from his/her work as such during the campaign period: Provided, 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 organization and/or coalition thereof, shall not use his/her
time or space to favor any candidate, political party or organization and/or coalition
thereof.

Deputation.
The Commission hereby deputizes the Philippine Information Agency
(PIA), Kapisanan ng mga Brodkasters ng Pilipinas (KBP), Philippine
Internet Service Operators (PISO), Philippine Association of Private
Telephone Companies (PAPTELCO), 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 in the ARMM, including
the broadcast and transmission of information during the campaign

SECTION 42.
a.

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period.
b.

DSEaHT

The Commission hereby deputizes local government units to prevent,

remove, destroy, con scate or tear down any prohibited propaganda
materials without any partiality.

SECTION 43.
Election Offense. Any violation of R.A. 9006 and these rules
shall constitute an election offense punishable under the rst and second paragraphs
of SECTION 264 of the Omnibus Election Code in addition to administrative liability
whenever applicable. Any aggrieved party may le a veri ed complaint for violation of
these rules with the Law Department of the Commission thru the Regional Election
Directors.
SECTION 44.
Effectivity. This resolution shall take effect on the seventh
day after its publication in two (2) newspapers of general circulation.
SECTION 45.
Dissemination. The Education and Information Department
shall cause the publication of this resolution in two (2) newspapers, as follows: in one
broadsheet of nationwide circulation and in one local newspaper in the ARMM, thru the
Regional Election Directors. The EID shall furnish copies thereof to all eld of ces of
the Commission, and to the presidents or secretaries of all registered political parties
or organizations and/or coalitions thereof, and deputized offices.
(SGD.) BENJAMIN S. ABALOS, SR.
Chairman
(SGD.) RUFINO S.B. JAVIER
Commissioner
(SGD.) MEHOL K. SADAIN
Commissioner
(SGD.) RESURRECCION Z. BORRA
Commissioner
(SGD.) FLORENTINO A. TUASON, JR.
Commissioner

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