Article 75p. 75

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

the supervision and regulation by the Commission on

Elections (COMELEC).

For

the

purpose

of

this

Act,

lawful

election

propaganda shall include:

3.1. 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;

3.2. Handwritten or printed letters urging voters to

vote

for

or

against

any

particular political party or

candidate for public office;

3.3.

Cloth,

paper

or

cardboard

posters,

whether

framed or posted, with an area not exceeding two (2) feet

by three (3) feet, except that, at the site and on the

occasion of a public meeting or rally, or in announcing

the holding of said meeting or rally, streamers not

exceeding three (3) feet by eight (8) feet in size, shall be

allowed: Provided , That said streamers may be displayed

five (5) days before the date of the meeting or rally and

shall be removed within twenty-four (24) hours after said

meeting or rally;

3.4. Paid advertisements in print or broadcast media:

Provided ,

That

the

advertisements

shall

follow

the

requirements set forth in Section 4 of this Act; and

3.5.

All

other

forms

of election propaganda not

prohibited by the Omnibus Election Code or this Act.

Section 4. Requirements for Published or Printed

and

Broadcast

Election

Propaganda.

—

4.1.

Any

newspaper, newsletter, newsweekly, gazette or magazine

advertising, posters, pamphlets, comic books, circulars,

handbills,

bumper

stickers, streamers, sample list of

candidates or any published or printed political matter

and any broadcast of election propaganda by television or

radio for or against a candidate or group of candidates to

any public office shall bear and be identified by the

reasonably

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.

4.2. If the broadcast is given free of charge by the

radio or television station, it 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.

4.3.

Print,

broadcast

or

outdoor

advertisements

donated to the candidate or political party shall not be

printed, published, broadcast, or exhibited without the

written acceptance by the said candidate or political

party. Such written acceptance shall be attached to the

advertising

contract

and

shall

be submitted to the

COMELEC as provided in Subsection 6.3. hereof.

Section 5. Election Surveys. — 5.1. Election surveys

refer to the measurement of opinions and perceptions of

the

voters

as

regards

a

candidate's

popularity,

qualifications, platforms or a matter of public discussion

in relation to the election, including voters' preference for

candidates

or

publicly

discussed

issues

during

the

campaign period (hereafter referred to as "Survey").

5.2. During the election period, any person, natural as

well as juridical, candidate or organization who publishes

a survey must likewise publish the following information:

(a) The name of the person, candidate, party or

organization who commissioned or paid for the survey;

(b) The name of the person, polling firm or survey

organization who conducted the survey;

(c)

The

period

during

which

the

survey

was

conducted, the methodology used, including the number

of individual respondents and the areas from which they

were selected, and the specific questions asked;

(d) The margin o error of the survey;

(e) For each question for which the margin of error is

greater than that reported under paragraph (d), the

margin of error for that question; and

(f)

A

mailing

address

and

telephone

number,

indicating it as an address or telephone number at which

the sponsor can be contacted to obtain a written report

regarding the survey in accordance with Subsection 5.3.

5.3. The survey together with raw data gathered to

support its conclusions shall be available for inspection,

copying

and

verification

by

the

COMELEC or by a

registered political party or a bona fide candidate or by

any COMELEC-accredited citizen's arm. A reasonable fee

sufficient to cover the costs of inspection, copying and

verification may be charged.

5.4. Surveys affecting national candidates shall not be

published fifteen (15) days before an election and surveys

affecting local candidates shall not be published seven (7)

days before an election.

5.5. Exit polls may only be taken subject to the

following requirements:

(a) 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;

(b) Pollsters shall wear distinctive clothing;

(c) Pollsters shall inform the voters that they may

refuse to answer; and

(d) The result of the exit polls may be announced after

the closing of the polls on election day, and must clearly

identify the total number of respondents, and the places

where they were taken. Said announcement shall state

that the same is unofficial and does not represent a

trend.

Section 6. Equal Access to Media Time and Space .

— All registered parties and bona fide candidates shall

have equal access to media time and space. The following

guidelines may be amplified on by the COMELEC.

6.1. Print advertisements shall not exceed one-fourth

(1/4) page, in broadsheet and one-half (1/2) page in

tabloids thrice a week per newspaper, magazine or other

publications, during the campaign period.

6.2.

(a)

Each

bona

fide

candidate

or

registered

political party for a nationally elective office shall be

entitled to not more than one hundred twenty (120)

minutes of television advertisement and one hundred

eighty (180) minutes of radio advertisement whether by

purchase or donation.

(b) Each bona fide candidate or registered political

party for a locally elective office shall be entitled to not

more than sixty (60) minutes of television advertisement

and ninety (90) minutes of radio advertisement whether

by purchase or

For this purpose, the COMELEC shall require any

broadcast station or entity to submit to the COMELEC a

copy of its broadcast logs and certificates of performance

for the review and verification of the frequency, date,

time and duration of advertisements broadcast for any

candidate or political party.

6.3.

All

mass

media

entities

shall

furnish

the

COMELEC with a copy of all contracts for advertising,

promoting

or

opposing

any

political

party

or

the

candidacy of any person for public office 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.

6.4. No franchise or permit to operate a radio or

television stations shall be granted or issued, suspended

or cancelled during the election period.

In all instances, the COMELEC shall supervise the use

and employment of press, radio and television facilities

insofar or the placement of political advertisements is

concerned to ensure that candidates are given equal

opportunities under equal circumstances to make known

their qualifications and their stand on public issues

© Compiled by RGL

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