The COMELEC Report: The National Electoral Reform Summit of 2002
The COMELEC Report: The National Electoral Reform Summit of 2002
The COMELEC Report: The National Electoral Reform Summit of 2002
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
Pre-election (2)
Ballots (NPO) Election returns (Ernest Printing) Canvassing forms (COMELEC Central) Indelible ink (Old NPO)
Pre-election (3)
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:
Definition
Political Advertisement
Any matter
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
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
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.
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
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
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.
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
During and within the five (5) hours before and after a public meeting
Election propaganda, for national and local positions, now allowed, whether on
Subject to the
Limitation on authorized expenses of candidates and political parties and Observance of truth in advertising.
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;
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;
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.
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.
by
the
All media entities shall furnish the COMELEC with a copy of all contracts for advertising
In every case, it shall be signed by the donor, the candidate concerned or by the duly authorized representative of the political party.
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.
Petitioner to publish authorization in two (2) newspapers of general circulation within one week after the authorization has been granted.
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.
Remove Destroy Obliterate Deface in any manner Tamper with Prevent the distribution of
Authorized common poster areas Private places with the consent of the owner
When to file
What to file
Where to file
Size
Limitations
Area allocated to party or candidate cannot be used by another even with consent of former
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
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.
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
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
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.
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
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
Candidate Political party Sectoral party, organization or coalition, or person responsible for the prohibited election propaganda.
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
Grounds
Offensive to public morals Libelous Illegal Prohibited Subversive Irrelevant to the election issues.
COMELECs duty
Resolve petition
after summary hearing within six (6) hours from the time petition is submitted for decision
COMELECs duty
Illegal Prohibited Patently libelous Offensive to public morals Subversive Tend to incite sedition or rebellion.
All candidates shall have equal access to media time and space Print advertisements shall not exceed
Frequency not to exceed thrice a week per newspaper, magazine or other publications, during the 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
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
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
Within 5 days after its signing Signed by donor, candidate concerned or duly authorized representative of political party
No franchise or permit to operate a radio or television station shall, during the election period, be
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.
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
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
Right to reply
have the right to reply to charges published against them. Reply given publicity by
which first printed/aired charges same prominence same page/section same time slot as the first statement.
1st day
2nd day
3rd day
Print space
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
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
Air time
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
When
Election Survey
Matters of public discussion in relation to the election, including voters preference for candidates or publicly discussed issues during the campaign period.
Election surveys
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
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
May be announced after the closing of the polls on election day Must identify the
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
Nature or purpose Date and cost Contractor Dealer or In case of business firm/association, by its president or general manager
Printer Manufacturer Seller or Other person or firm to whom an election expenditure for election propaganda is made,
Full name
Require every person making an expenditure for and in behalf of a candidate or political party to
Keep and preserve at its place of business, subject to inspection by the COMELEC or its authorized representatives copies of
relative to said expenditures for a period of three (3) years after the date of the election.
Enter any contract involving election expenditures with representatives of candidates or political parties who do not have such written authority.
Candidate Treasurer of a political party Any person authorized by said candidate or political party
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
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)
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