Transcript Annex 8 - Institute For Political and Electoral Reform

The COMELEC Report
The National Electoral
Reform Summit of 2002
EVALUATION OF THE 14
MAY 2001 ELECTIONS
Pre-election; Election Proper;
Post Election
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
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)
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
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:




Whether HONORARIUM or OVERTIME, or both
Double proclamation
Non-compliance with canvassing rules
Clerical or intentional errors
FAIR
ELECTIONS
ACT
Republic Act No. 9006 as implemented by Comelec
Resolution No. 3636 dated 01March 2001
Definition
Political 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.
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.
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.
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
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
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.
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.

The decision shall be final and executory.
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
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
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.
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;
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;
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.
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.
Free of Charge Advertisement
Lawful Election Propaganda

With written acceptance
candidate or political party.

by
the
Written acceptance shall be
Attached to the advertising contract and
 Submitted to the COMELEC as provided in
hereunder.

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.
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.
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.
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.
Lawful Election Propaganda
Removal/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.
Where to post campaign
materials


Authorized common poster areas
Private places with the consent of the
owner
Common poster area

Who may avail




When to file


Within five days from effectivity of Rules
What to file


Candidates of political parties
Party-list groups
Independent candidates
Application to erect common poster area
Where to file

Office of Election Officer
Common poster area
Political parties/
Party-list groups
Independent
candidates
Number of
common poster
areas
Location
10 per councilor
district
10 per councilor
district
Public places
Public places
Size
12 feet x 16 feet
or 192 square
feet
4 feet x 6 feet or
24 square feet
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
Common poster area
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

each group entitled to post one 2 feet x 3 feet poster
Common poster area
Party-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.
Common poster area
Procedure 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
Common poster area
Procedure 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
Common poster area
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.
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.
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
Prohibited campaign





Outside of the campaign periods
Holy Thursday
Good Friday
Day before election day, and
Election day
Prohibited election propaganda
Removal/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.
Prohibited election propaganda
Removal/confiscation/destruction

At the expense of the




Candidate
Political party
sectoral party, organization or coalition
Person
responsible for the prohibited election
propaganda.
Prohibited election propaganda
Petition 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
Prohibited election propaganda
Petition to confiscate/remove/
destroy/stop distribution

Grounds






Offensive to public morals
Libelous
Illegal
Prohibited
Subversive
Irrelevant to the election issues.
Prohibited election propaganda
Petition 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.
Prohibited election propaganda
Petition 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.
Equal access to media time and space
Guidelines


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
Equal access to media time and space
whether by purchase or donation and during campaign period
Media
Entity
National
candidates
Local
candidates
Radio
Note more than
180 minutes
Not more than
90 minutes
Television
Not more than
120 minutes
Not more than
60 minutes
Equal access to media time and space
Guidelines

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
Equal access to media time and space
Guidelines

Each broadcast station or entity shall

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
Equal access to media time and space
Guidelines

Each broadcast station or entity shall

Submit copy of contracts for political
advertisements to the
EID
 Executive Director
 Law Department



Within 5 days after its signing
Signed by donor, candidate concerned or duly
authorized representative of political party
Equal access to media time and space
Guidelines

No franchise or permit to operate a
radio or television station shall, during
the election period, be




Granted
Issued
Suspended or
Cancelled
Equal access to media time and space
Guidelines

No radio, cable television or television station
shall


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.
Equal access to media time and space
Guidelines

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
Recognize the duty


to air the other side and
to correct substantive errors promptly
Equal access to media time and space
Guidelines

If there are violations of the provisions
prescribed in these guidelines

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
For the filing of the appropriate charges against
such violators
Right to reply




have the right to reply to charges published
against them.
Reply given publicity by







Registered parties
Bona fide candidates
Newspaper
Television
Radio station
which first printed/aired charges
same prominence
same page/section
same time slot as the first statement.
Comelec space and time
To announce candidacies for national offices
Medium
Acquisition by
Comelec
Allocation
to
candidates
1st day
2nd day
3rd day
Print
space
At least 3
national
newspaper
s
Just
compensation
to publishers
Free, equal
and
impartial
3 calendar
days
Within 1st
week of
campaign
period
Within 5th
week of
campaign
period
Within 10th
week of
campaign
period
Air
Time
At least 3
national TV
and 3
national
radio
Free
Free, equal
and
impartial 3
calendar
days
Within 1st
week of
campaign
period
Within 5th
week of
campaign
period
Within 10th
week of
campaign
period
Comelec space and time
To announce candidacies for national offices



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
Comelec space and time
To disseminate Comelec information
Medium
Print Space
At least 1 newspaper
of general circulation
in province or city
Air time
At least 1 major
broadcasting station in
province or city
Acquisition by
Comelec
Payment of just
compensation
Free
Rates of political propaganda

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

Who may conduct




Person (natural/juridical)
Candidate
Organization
When

Election period
Election Survey

Measurement of opinions and perceptions of
the voters as regards a candidate’s




Popularity
Qualifications
Platforms
Matters of public discussion in relation to the
election, including voters’ preference for
candidates or publicly discussed issues
during the campaign period.
Election surveys

To be published with following
information:


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



Inspection
Copying, and
Verification by the




COMELEC
registered political party
bona fide candidate, or
any COMELEC – accredited citizen’s 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

Result of the exit polls


May be announced after the closing of the polls
on election day
Must identify the



total number of respondents
places where they were taken.
Said announcement shall state that the
result is


unofficial and
does not represent a trend
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
Contractors/firms report of
expenditures

Exact address of every






Candidate
Treasurer of political party
Other persons making expenditures
Nature or purpose
Date and cost
Report shall be signed and sworn to by



Contractor
Dealer or
In case of business firm/association, by its
president or general manager
Contractors/firms report of
expenditures

Within thirty (30) days after the election,
every:




Printer
Manufacturer
Seller or
Other person or firm to whom an election
expenditure for election propaganda is made,
shall file with COMELEC a report showing
the:

Full name
Contractors/business firms
Duties

Require every person making an
expenditure for and in behalf of a
candidate or political party to


Present
Submit a written authority to incur said
expenditures
Contractors/business firms
Duties

Keep and preserve at its place of business,
subject to inspection by the COMELEC or its
authorized representatives copies of





Written authority
Contract
Voucher
Invoices
Other records or documents
relative to said expenditures for a period of
three (3) years after the date of the election.
Contractors/business firms
Prohibition

Enter any contract involving election
expenditures with representatives of
candidates or political parties who do
not have such written authority.
Authorized aggregate amount of election
expenses
Official candidates of
political parties
P3.00 per registered voter
in constituency
Candidates not supported
by any political party
P5.00 per registered voter
in constituency
Party-list candidates
P5.00 per registered voter
in constituency
Political parties and
coalitions
P5.00 per registered voter
in constituency
Persons authorized to incur election
expenditures



Candidate
Treasurer of a political party
Any person authorized by said candidate or
political party

The authority shall




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
Effect of filing of certificate of
candidacy by elective official

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)

to conduct, in coordination with the Education and
Information Department,

regular information campaign on the proper use of any
medium of communication

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
that’s all, folks
thank you and good day