Article 14p. 14

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section

86.

Regulation of election propaganda

through mass media. -

(a)

The

Commission

shall

promulgate

rules and

regulations regarding the sale of air time for partisan

political purposes during the campaign period to insure

the equal time as to duration and quality in available to all

candidates for the same office or political parties at the

same rates or given free of charge; that such rates are

reasonable and not higher than those charged other

buyers or users of air time for non-political purposes; that

the provisions of this Code regarding the limitation of

expenditures by candidates and political parties and

contributions by private persons, entities and institutions

are effectively enforced; and to ensure that said radio

broadcasting and television stations shall not unduly

allow the 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 respecting, however, in all instances the right of

said stations to broadcast accounts of significant or

newsworthy

events

and views on matters of public

interest.

(b) All contracts for advertising in any newspaper,

magazine,

periodical

or

any

form

of

publication

promoting or opposing the candidacy of any person for

public

office

shall,

before

its

implementation,

be

registered by said newspaper, magazine, periodical or

publication with the Commission. In every case, it shall be

signed

by the candidate concerned or by the duly

authorized representative of the political party.

(c) No franchise or permit to operate a radio or

television station shall be granted or issued, suspended or

cancelled during the election period.

Any radio or television stations, including that owned

or controlled by the Government, shall give free of charge

equal time and prominence to an accredited political

party or its candidates if it gives free of charge airtime to

an accredited political party or its candidates for political

purposes.

In all instances, the Commission shall supervise the

use

and

employment

of

press, radio and television

facilities so as to give candidates equal opportunities

under

equal

circumstances

to

make

known

their

qualifications and their stand on public issues within the

limits set forth in this Code on election spending.

Rules

and

regulations

promulgated

by

the

Commission under and by authority of this section shall

take effect on the seventh day after their publication in at

least two daily newspapers of general circulation. Prior to

the effectivity of said rules and regulations, no political

advertisement

or

propaganda

for

or

against

any

candidate

or

political

party

shall

be

published

or

broadcast through the mass media.

Violation

of

the

rules

and

regulations

of

the

Commission issued to implement this section shall be an

election offense punishable under Section 264 hereof.

Section 87. Rallies, meetings and other political

activities.

—

Subject

to

the

requirements

of

local

ordinances on the issuance of permits, any political party

supporting

official

candidates

or

any

candidate

individually or jointly with other aspirants may hold

peaceful political rallies, meetings, and other similar

activities during the campaign period: Provided, That all

applications for permits to hold meetings, rallies and

other similar political activities, receipt of which must be

acknowledged in writing and which application shall be

immediately posted in a conspicuous place in the city or

municipal building, shall be acted upon in writing by local

authorities concerned within three days after the filing

thereof and any application not acted upon within said

period shall be deemed approved: and Provided, further,

That denial of any application for said permit shall be

appealable to the provincial election supervisor or to the

Commission

whose

decision

shall

be

made

within

forty-eight hours and which shall be final and executory:

Provided, finally, That one only justifiable ground for

denial is a prior written application by any candidate or

political party for the same purpose has been approved.

Section 88. Public rally. — Any political party or

candidate shall notify the election registrar concerned of

any public rally said political party or candidate intends to

organize and hold in the city or municipality, and within

seven working days thereafter submit to the election

registrar a statement of expenses incurred in connection

therewith.

Section 89. Transportation, food and drinks. — It

shall

be

unlawful

for

any

candidate,

political

party,

organization, or any person to give or accept, free of

charge, directly or indirectly, transportation, food or drinks

or things of value during the five hours before and after a

public meeting, on the day preceding the election, and

on the day of the election; or to give or contribute, directly

or indirectly, money or things of value for such purpose.

Section 90. Comelec space. — The Commission shall

procure space in at least one newspaper of general

circulation in every province or city: Provided, however,

That in the absence of said newspaper, publication shall

be done in any other magazine or periodical in said

province or city, which shall be known as "Comelec Space"

wherein candidates can announce their candidacy. Said

space shall be allocated, free of charge, equally and

impartially by the Commission among all candidates

within the area in which the newspaper is circulated.

Section

91.

Comelec

poster

area.

—

Whenever

practicable, the Commission shall also designate and

provide for a common poster are in strategic places in

each town wherein candidates can announce and further

their candidacy through posters, said space to be likewise

allocated free of charge, equally and impartially by the

Commission among all the candidates concerned.

Section 92. Comelec time. — The Commission shall

procure

radio

and

television

time

to

be

known as

"Comelec Time" which shall be allocated equally and

impartially among the candidates within the area of

coverage of all radio and television stations. For this

purpose, the franchise of all radio broadcasting and

television station are hereby amended so as to provide

radio television time, free of charge, during the period of

the campaign.

Section 93. Comelec information bulletin. — The

Commission shall cause the printing, and supervise the

dissemination of bulletins to be known as "Comelec

Bulletin" which shall be of such size as to adequately

contain the picture, bio-data and program of government

of every candidate. Said bulletin shall be disseminated to

the voters or displayed in such places as to give due

prominence thereto. Any candidate may reprint at his

expense, any "Comelec Bulletin" upon prior authority of

the

Commission:

Provided, That the printing of the

names of the different candidates with their bio-data

must

be

in

alphabetical

order

irrespective

of party

affiliation.

ARTICLE XI ELECTORAL CONTRIBUTIONS AND

EXPENDITURES

Section 94. Definitions. — As used in this Article:

(a) The term "contribution" includes a gift, donation,

subscription,

loan,

advance

or

deposit of money or

anything of value, or a contract, promise or agreement to

contribute, whether or not legally enforceable, made for

the purpose of influencing the results of the elections but

shall

not

include

services

rendered

without

compensation by individuals volunteering a portion or all

of their time in behalf of a candidate or political party. It

shall also include the use of facilities voluntarily donated

by other persons, the money value of which can be

assessed based on the rates prevailing in the area.

(b) The term "expenditure" includes the payment or

delivery of money of anything of value, or a contract,

promise or agreement to make an expenditure, for the

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