NINETEENTH CONGRESS OF THE)

REPUBLIC OF THE PHILIPPINES )

Second Regular Session )
iP TIME:

S.B. NO.

Introduced by SENATOR IMEE R. MARCOS

AN ACT
AMENDING SECTIONS 3, 4 AND 6 OF REPUBLIC ACT NO. 9006 ALSO
KNOWN AS THE FAIR ELECTIONS ACT TO INCLUDE STATIC AND LED
BILLBOARDS AND OTHER OUTDOOR ADVERTISING MEDIA AS LAWFUL
ELECTION PROPAGANDA

EXPLANATORY NOTE
The form of expression is just as important as the information conveyed that it
forms part of the expression.1

As elections have evolved due to technological advancements, so too have the

means through which political candidates convey their message to the public. Outdoor
advertising, particularly static and LED billboards, provides visually compelling
platforms for political candidates to convey their message to the public. Unlike radio
or television advertisements where the ads are displayed for only short moments at a
time, advertisements through LED or static billboards allow candidates and parties to
promote their platforms for much longer durations. Just as important, LED or static
billboards allow for larger displays of the message being conveyed. The effect of all
these is that there is a better possibility that the message being conveyed will reach
its intended audience.
In addition, contracting or leasing a billboard spot is generally cheaper than
contracting advertisements in radio, television, and newspapers. Hence, campaigning
through outdoor media like static and LED billboards helps level the playing field for
candidates, parties, and causes which have limited resources. Indeed, these media
have the potential to enhance fairness, inclusivity, and transparency in the electoral
process.

Diocese of Bacolod vs. COMELEC and Atty. Majarucon, G.R. No. 205728, January 21,2015.
 Unfortunately, static and LED billboards are not expressly included in the list of
lawful election propaganda under Republic Act No. 9006 or the Fair Election Act. It is
high time already to allow candidates and parties to include the aforementioned media
as part of their campaign strategies. Thus, it is imperative to amend Republic Act No.
9006 or the Fair Election Act to recognize the role of static and LED billboards, along
with other outdoor advertising media as legitimate election propaganda.
In view of the foregoing reasons, the immediate passage of this bill is earnestly
sought.

/mEE R. MARCOS
 NINETEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )
TIME

SENATE
BILLS INDEX
S.B. NO.___

Introduced by SENATOR IMEE R. MARCOS

AN ACT
AMENDING SECTIONS 3, 4 AND 6 OF REPUBLIC ACT NO. 9006 ALSO
KNOWN AS THE FAIR ELECTIONS ACT TO INCLUDE STATIC AND LED
BILLBOARDS AND OTHER OUTDOOR ADVERTISING MEDIA AS LAWFUL
ELECTION PROPAGANDA

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

1 SECTION 1. Section 3 of RA 9006, as amended, also known as the Fair Elections Act,
2 is hereby amended to read as follows:
3
4 "Sec. 3. Lawful Election Propaganda. - Election propaganda whether
5 on television, cable television, radio, newspapers or any other medium,
6 INCLUDING OUTDOOR STATIC AND LIGHT-EMITTING DIODE
7 (LED) BILLBOARDS AND MOBILE OR TRANSIT ADVERTISEMENT,
8 is hereby allowed for all registered political parties, national, regional,
9 sectoral parties or organizations participating under the party-list elections
10 and for all bona fide candidates seeking national and local elective
11 positions subject to the lamination on authorized expenses of the
12 candidates and political parties, observance of truth in advertising and to
13 the supervision and regulation by the Commission on Elections
14 (COMELEC).
15
16 For the purpose of this Act, lawful election propaganda shall
17 include:
18 3.1. Pamphlets, leaflets, cards, decals, stickers or other written or
19 printed materials the size of which does not exceed eight and one-
20 half inches in width and fourteen inches in length;
 1 3.2. Handwritten or printed letters urging voters to vote for or against
2 any particular political party or candidate for public office;
3
4 3.3. Cloth, paper or cardboard posters whether framed, or posted, with
5 an area not exceeding two (2) feet by three (3) feet, except that,
6 at the site and on the occasion of a public meeting or rally, or in
7 announcing the holding of said meeting or rally, streamers not
8 exceeding three (3) feet by eight (8) feet in size, shall be allowed:
9 Provided, That said streamers may be displayed five (5) days
10 before the date of the meeting or rally and shall be removed within
11 twenty-four (24) hours after said meeting or rally;
12
13 3.4. Paid advertisements in print or broadcast media: Provided, That
14 the advertisements shall follow the requirements set forth in
15 Section 4 of this Act; [af^d]
16
17 3.5. OUTDOOR AND STATIC OR LED BILLBOARDS OWNED BY
18 PRIVATE ENTITIES OR PERSONS. FOR THE PURPOSE OF
19 THIS ACT, "BILLBOARD" MEANS A SIGNBOARD,
20 IDENTIFICATION, ILLUSTRATION, IMAGE, PICTURE OR
21 ANY OTHER DEVISE FOR OUTDOOR ADVERTISEMENT
22 CONSISTING OF A SUPPORT STRUCTURE, A DISPLAY OR
23 MESSAGE AREA, AN OPTIONAL LIGHTING SYSTEM AND
24 RELATED COMPONENTS INSTALLED ON LAND, BUILDING
25 OR PROPERTY TO ATTRACT OR DIRECT ATTENTION TO A
26 PARTICULAR PRODUCT, SERVICE, IDEA, INFORMATION,
27 DESIGN, SYSTEM, ACTIVITY, INSTITUTION, BUSINESS,
28 BELIEF AND/OR PERSONALITY. A STATIC BILLBOARD
29 REFERS TO A TRADITIONAL BILLBOARD PRINTED ON A
30 TARPAULIN OR SOLID BOARD WHILE LED OR DIGITAL
31 BILLBOARDS ARE ELECTRONIC DISPLAYS THAT ARE
32 CONTROLLED REMOTELY BY COMPUTERS."
33
34 3.6. MOBILE OR TRANSIT ADVERTISMENT ON PUBLIC
35 UTILITY VEHICLES PROVIDED THAT THE ADVERTISMENT
36 IS CONSISTENT WITH THE GUIDELINES OF THE LAND
37 TRANSPORTATION AND FRANCHISING REGULATORY
38 BOARD (LTFRB) FOR COMMERCIAL ADVERTISEMENTS.
39
40 3.7. ALL OTHER FORMS OF ELECTION PROPAGANDA NOT
41 PROHIBITED BY THE OMNIBUS ELECTION CODE OR THIS
42 ACT."
 1 SECTION 2. Section 4 of RA 9006 is hereby amended to read as follows:
2 "Section 4. Requirements for Published or Printed and Broadcast Election
3 Propaganda. -
4
5 4.1. Any newspaper, newsletter, newsweekly, gazette or magazine
6 advertising, posters, pamphlets, comic books, circulars, handbills,
7 bumper stickers, streamers, sample list of candidates or any published
8 or printed political matter and any broadcast of election propaganda by
9 television or radio OR ANY OUTDOOR ELECTION PROPAGANDA IN
10 THE FORM OF STATIC OR LED BILLBOARDS OR
11 MOBILE/TRANSIT ADVERTISEMENT for or against a candidate or
12 group of candidates to any public office shall bear and be identified by
13 the reasonably legible or audible words "political advertisement paid
14 for," followed by the true and correct name and address of the candidate
15 or party for whose benefit the election propaganda was printed or aired.
16
17 4.2. If the broadcast is given free of charge by the radio or television station,
18 it shall be identified by the words "airtime for this broadcast was
19 provided free of charge by" followed by the true and correct name and
20 address of the broadcast entity.
21
22 4.3. Print, broadcast or outdoor advertisements donated to the candidate or
23 political party shall not be printed, published, broadcast, or exhibited
24 without the written acceptance by the said candidate or political party.
25 Such written acceptance shall be attached to the advertising contract
26 and shall be submitted to the COMELEC as provided in Subsection 6.3.
27 hereof.
28
29 SECTION 3. Section 6 of RA 9006 is hereby amended to read as follows:
30
31 "Section 6. Equal Access to Media Time and Space. - All registered parties and
32 bona fide candidates shall have equal access to media time and space. The
33 following guidelines may be amplified on by the COMELEC.
34
35 6.1. Print advertisements shall not exceed one-fourth (1/4) page, in broad
36 sheet and one-half (1/2) page in tabloids thrice a week per newspaper,
37 magazine or other publications, during the campaign period.
38
39 6.2. (a) Each bona fide candidate or registered political party for a nationally
40 elective office shall be entitled to not more than one hundred twenty
41 (120) minutes of television advertisement and one hundred eighty (180)
42 minutes of radio advertisement whether by purchase or donation.
 1 (b) Each bona fide candidate or registered political party for a locally elective
2 office shall be entitled to not more than sixty (60) minutes of television
3 advertisement and ninety (90) minutes of radio advertisement whether
4 by purchase or donation.
5
6 "(C) EACH BONA FIDE CANDIDATE OR REGISTERED POLITICAL
7 PARTY FOR A NATIONALLY ELECTIVE OFFICE SHALL BE ENTITLED TO
8 NOT MORE THAN TWO (2) MONTHS OF OUTDOOR ADVERTISEMENT
9 IN A CERTAIN STATIC OR LED BILLBOARD WHETHER BY PURCHASE
10 OR DONATION, PROVIDED THAT A CANDIDATE OR REGISTERED
11 POLITICAL PARTY CANNOT HAVE STATIC OR LED BILLBOARD
12 ADVERTISEMENTS WITHIN A RADIUS OF ONE (1) KILOMETER FROM
13 EACH OTHER."
14
15 "(D) EACH BONA FIDE CANDIDATE FOR A LOCALLY ELECTIVE OFFICE
16 SHALL BE ENTITLED TO NOT MORE THAN ONE (1) MONTH OF
17 OUTDOOR ADVERTISEMENTS IN EITHER STATIC OR LED
18 BILLBOARDS WHETHER BY PURCHASE OR DONATION, PROVIDED
19 THAT A LOCAL CANDIDATE OR REGISTERED POLITICAL PARTY
20 CANNOT HAVE STATIC OR LED BILLBOARD ADVERTISEMENTS
21 WITHIN A RADIUS OF FIVE HUNDRED (500) METERS FROM EACH
22 OTHER."
23
24 "(E) EACH BONA FIDE CANDIDATE, WHETHER NATIONAL OR LOCAL,
25 FOR ANY ELECTIVE POSITION MAY UTILIZE MOBILE OUTDOOR
26 ADVERTISEMENTS IN PUBLIC UTILITY VEHICLES PROVIDED THAT
27 THE DIMENSION OF THE ADVERTISEMENT IS CONSISTENT WITH THE
28 GUIDELINES OF THE LAND TRANSPORTATION FRANCHISING AND
29 REGULATORY BOARD ON TRANSIT ADVERTISEMENTS."
30
31 For this purpose, the COMELEC shall require any broadcast station or entity to
32 submit to the COMELEC a copy of its broadcast logs and certificates of
33 performance for the review and verification of the frequency, date, time and
34 duration of advertisements broadcast for any candidate or political party. THE
35 COMELEC SHALL LIKEWISE REQUIRE ANY OUTDOOR COMPANY OR
36 ENTITY TO SUBMIT TO THE COMELEC A COPY OF ITS CONTRACTS
37 FOR ELECTION PROPAGANDA FOR THE REVIEW AND VERIFICATION
38 OF THE FREQUENCY, DATE, TIME AND DURATION OF OUTDOOR
39 ADVERTISEMENTS FOR ANY CANDIDATE OR POLITICAL PARTY."
40
 1 SECTION 4. The Commission on Election shall promulgate the necessary
2 implementing rules and regulations within sixty (60) days from the effectivity of this
3 Act.
4 SECTION 5. All laws, rules and regulations which are inconsistent with this
5 Act, are hereby repealed, amended or modified accordingly.
6
7 SECTION 6. This Act shall take effect fifteen (15) days after its publication in
8 the Official Gazette or in any two (2) newspapers of general circulation in the
9 Philippines.
10
Approved,