The COMELEC Report

1. The COMELEC Report The National Electoral Reform Summit of 2002

2. EVALUATION OF THE 14 MAY 2001 ELECTIONS Pre-election; Election Proper; Post Election

3. 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

4. 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)

5. 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

6. 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

7. 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

8. 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

9. FAIRELECTIONSACT Republic Act No. 9006 as implemented by Comelec Resolution No. 3636 dated 01March 2001

10. DefinitionPolitical 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.

11. 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.

12. 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.

13. Resignation or Leave of Absence • Mass media columnist • Commentator • Announcer • Reporter • On–air 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

14. 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

15. 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.

16. 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.

17. 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.

18. 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

19. 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

20. 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.

21. 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;

22. 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;

23. 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.

24. 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.

25. Free of Charge AdvertisementLawful Election Propaganda • With written acceptance by the candidate or political party. • Written acceptance shall be • Attached to the advertising contract and • Submitted to the COMELEC as provided in hereunder.

26. 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.

27. 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.

28. 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.

29. 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.

30. Lawful Election PropagandaRemoval/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.

31. Where to post campaign materials • Authorized common poster areas • Private places with the consent of the owner

32. Common poster area • Who may avail • Candidates of political parties • Party-list groups • Independent candidates • When to file • Within five days from effectivity of Rules • What to file • Application to erect common poster area • Where to file • Office of Election Officer

33. Common poster area

34. 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

35. Common poster areaParty-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) party-list 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

36. Common poster areaParty-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.

37. Common poster areaProcedure 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

38. Common poster areaProcedure 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

39. Common poster areaObligation 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.

40. 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.

41. 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

42. Prohibited campaign • Outside of the campaign periods • Holy Thursday • Good Friday • Day before election day, and • Election day

43. Prohibited election propagandaRemoval/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.

44. Prohibited election propagandaRemoval/confiscation/destruction • At the expense of the • Candidate • Political party • sectoral party, organization or coalition • Person responsible for the prohibited election propaganda.

45. Prohibited election propagandaPetition 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 • Where to file • With COMELEC, through its field office

46. Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution • Grounds • Offensive to public morals • Libelous • Illegal • Prohibited • Subversive • Irrelevant to the election issues.

47. Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution • COMELEC’s 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.

48. Prohibited election propagandaPetition to confiscate/remove/ destroy/stop distribution • COMELEC’s 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.

49. Equal access to media time and spaceGuidelines • 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

50. Equal access to media time and spacewhether by purchase or donation and during campaign period