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    Puboff Ra 9006

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    ccgomez
    The document summarizes key aspects of Republic Act No. 9006 or the Fair Election Act, including its declaration of principles to ensure equal opportunity and credible elections. It establishes limitations on election propaganda through various media and sets time limits for television and radio advertisements. It discusses a relevant case that upheld COMELEC's authority to regulate campaigns and level the playing field. It also summarizes the ruling in another case that upheld the repealing clause in the Act as a valid rider.

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    Puboff Ra 9006

    Uploaded by

    ccgomez
    183 views8 pages
    The document summarizes key aspects of Republic Act No. 9006 or the Fair Election Act, including its declaration of principles to ensure equal opportunity and credible elections. It establishes limitations on election propaganda through various media and sets time limits for television and radio advertisements. It discusses a relevant case that upheld COMELEC's authority to regulate campaigns and level the playing field. It also summarizes the ruling in another case that upheld the repealing clause in the Act as a valid rider.

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    Slides for RA 9006 - Fair Election Act Presentation.

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    PUBOFF RA 9006

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    The document summarizes key aspects of Republic Act No. 9006 or the Fair Election Act, including its declaration of principles to ensure equal opportunity and credible elections. It establishes limitations on election propaganda through various media and sets time limits for television and radio advertisements. It discusses a relevant case that upheld COMELEC's authority to regulate campaigns and level the playing field. It also summarizes the ruling in another case that upheld the repealing clause in the Act as a valid rider.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    183 views8 pages

    Puboff Ra 9006

    Uploaded by

    ccgomez
    The document summarizes key aspects of Republic Act No. 9006 or the Fair Election Act, including its declaration of principles to ensure equal opportunity and credible elections. It establishes limitations on election propaganda through various media and sets time limits for television and radio advertisements. It discusses a relevant case that upheld COMELEC's authority to regulate campaigns and level the playing field. It also summarizes the ruling in another case that upheld the repealing clause in the Act as a valid rider.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 8

    10/13/2011

    Republic Act No. 9006


    Fair Election Act

    Declaration of Principles
    Supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of media of communication or information To guarantee or ensure EQUAL OPPORTUNITY for public service To assure free, orderly, honest, peaceful and credible elections

    10/13/2011

    Declaration of Principles
    To ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination.

    Salient Points of R.A. 9006


    Lawful Election Propaganda Requirements for Published or Printed and Broadcast Election Propaganda Election Surveys Equal Access to Media Time and Space Posting of Campaign Materials Substitution of Candidates Authority of the COMELEC to Promulgate Rules; Election Offenses Repealing Clause

    10/13/2011

    Lawful Election Propaganda


    Television Cable Television Radio Newspapers Any other medium

    Limitations on Lawful Election Propaganda


    In general: Authorized expenses of candidates (R.A. 7166, Election Spending) Printed propaganda: Size (width, length); Place of posting Broadcasted propaganda: Total length in minutes for the whole campaign period

    10/13/2011

    Requirements on Election Propaganda


    Television and Radio Advertisements
    Minutes Television Radio National Elective Candidate 120 180 Local Elective Candidate 60 90

    Example. Manny Villar.

    Why Should There Be Limitations?


    Case: Chavez vs. COMELEC (2004) Facts: Frank Chavez was the endorser of different consumer brands. Large billboards having him as an endorser were erected along NLEX. He filed his CoC for Senator. COMELEC, by virtue of a resolution, ordered for all similar billboards be taken down due to the ongoing campaign period.

    10/13/2011

    Why Should There Be Limitations?


    Issue: Could the COMELEC order for the taking down of these billboards? Held: Yes. Ratio: Its primary objectives are to prohibit premature campaigning and to level the playing field for candidates of public office, to equalize the situation between popular or rich candidates, on one hand, and lesser-known or poorer candidates, on the other, by preventing the former from enjoying undue advantage in exposure and publicity on account of their resources and popularity.

    Authority of COMELEC
    Promulgate rules. Impose penalties as a result of commission of election offenses. Exercise police power.

    10/13/2011

    Authority of COMELEC
    Chavez vs. COMELEC The Court ruled that the COMELEC had the power to order the removal of the billboards (of Chavez). Ratio: It was done in pursuance to the declaration of policy in R.A. 6009 level playing field. Such is a valid reason for the exercise of police power.

    Repealing Clause
    Section 67 and 85 of the Omnibus Election Code (Batas Pambansa Bldg. 881) and Sections 10 and 11 of Republic Act No. 6646 are hereby repealed. As a consequence, the first proviso in the third paragraph of Section 11 of Republic Act No. 8436 is rendered ineffective. All laws, presidential decrees, executive orders, rules and regulations, or any part thereof inconsistent with the provisions of this Act are hereby repealed or modified or amended accordingly.

    10/13/2011

    Is the Repealing Clause a Valid Rider?


    Farias vs. COMELEC

    Is the Repealing Clause a Valid Rider?


    Arguments of Petitioners: Dissimilarity in the subject matter of R.A. 9006, on the one hand, and Sec. 67 of the OEC, on the other. R.A. 9006 Fair Elections Practices Section 67 Limitation on elective officials who run for an office Therefore, Sec. 14 which repeals Sec. 67 of the OEC is not germane to the subject matter of R.A. 9006.

    10/13/2011

    Is the Repealing Clause a Valid Rider?


    Ruling of the Supreme Court It is a valid rider. The title and the objectives of R.A. 9006 are comprehensive enough to include the repeal of Section 67 of the Omnibus Election Code within its contemplation. The legislators considered Section 67 of the Omnibus Election Code as a form of harassment or discrimination that had to be done away with and repealed.

    Declaration of Principles
    To ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination.

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