Article 76p. 76

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

within the limits set forth in the Omnibus Election Code

and Republic Act No. 7166 on election spending.

The COMELEC shall ensure that radio or television or

cable television broadcasting entities shall not 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

broadcast entities to air accounts of significant news or

news worthy events and views on matters of public

interest.

6.5. All members of media, television, radio or print,

shall scrupulously report and interpret the news, taking

care not to suppress essential facts nor to distort the truth

by omission or improper emphasis. They shall recognize

the duty to air the other side and the duty to correct

substantive errors promptly.

6.6.

Any

mass

media

columnist,

commentator,

announcer, reporter, on-air correspondent or personality

who is a candidate for any elective public office or 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

shall take a leave of absence from his/her work as such

during the campaign period: Provided, That any media

practitioner who is an official of a political party or a

member of the campaign staff of a candidate or political

party shall not use his/her time or space to favor any

candidate or political party.

6.7.

No

movie,

cinematograph

or

documentary

portraying the life or biography of a candidate shall be

publicly exhibited in a theater, television station or any

public forum during the campaign period.

6.8.

No

movie,

cinematograph

or

documentary

portrayed by an actor or media personality who is himself

a candidate shall be publicly exhibited in a theater,

television

station

or

any

public

forum

during

the

campaign period.

Section 7. Affirmative Action by the COMELEC. — 7.1.

Pursuant to Sections 90 and 92 of the Omnibus Election

Code (Batas Pambansa Blg. 881), the COMELEC shall

procure

the

print

space

upon

payment

of

just

compensation from at least three (3) national newspapers

of general circulation wherein candidates for national

office can announce their candidacies. Such space shall

be allocated free of charge equally and impartially among

all the candidates for national office on three (3) different

calendar days: the first day within the first week of the

campaign period; the second day within the fifth week of

the campaign period; and the third day within the tenth

week of the campaign period.

7.2. The COMELEC shall also procure free airtime from

at least three (3) national television networks and three(3)

national radio networks, which shall also be allocated free

of charge equally and impartially among all candidates

for national office. Such free time shall be allocated on

three (3) different calendar days; the first day within the

first week of the campaign period; the second day within

the fifth week of the campaign period; and the third day

within the tenth weeks of the campaign period.

7.3. The COMELEC may require national television and

radio networks to sponsor at least three (3) national

debates among presidential candidates and at least one

(1) national debate among vice presidential candidates.

The debates among presidential candidates shall be

scheduled on three (3) different calendar days; the first

debate shall be scheduled within the first and second

week of the campaign period; the second debate within

the fifth and sixth week of the campaign period; and the

third debate shall be scheduled within the tenth and

eleventh week of the campaign period.

The sponsoring television or radio network may sell

airtime for commercials and advertisements to interested

advertisers and sponsors. The COMELEC shall promulgate

rules and regulations for the holding of such debates.

Section

8.

COMELEC

Space

and

Time.

—

The

COMELEC shall procure shall in at least one (1) newspaper

of general circulation and air time in at least one (1) major

broadcasting station or entity 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": Provided, further, That in

the

absence

of

said

broadcasting

station

or

entity,

broadcasting shall be done in any radio or television

station in said province or city, which shall be known as

"COMELEC Time". Said time shall be allocated to the

COMELEC free of charge, while said space shall be

allocated

to

the

COMELEC

upon

payment

of

just

compensation. The COMELEC time and space shall be

utilized

exclusively

by

the

COMELEC

for

public

information dissemination on election-related concerns.

Section 9. Posting of Campaign Materials. — The

COMELEC may authorize political parties and party-list

groups to erect common poster areas for their candidates

in not more than ten (1) public places such as plazas,

markets,

barangay

centers

and

the

like,

wherein

candidates

can

post,

display

or

exhibit

election

propaganda: Provided , That the size of the poster areas

shall not exceed twelve (12) by sixteen (16) feet or its

equivalent.

Independent candidates with no political parties may

likewise be authorized to erect common poster areas in

not more than ten (10) public places, the size of which

shall not exceed four (4) by six (6) feet or its equivalent.

Candidates may post any lawful propaganda material

in private places with the consent of the owner thereof,

and in public places or property which shall be allocated

equitably and impartially among the candidates.

Section 10. Right to Reply. — All registered parties

and bona fide candidates shall be have the right to reply

to charges published against them. The reply shall be

given publicity by the newspaper, television and/or radio

station which first printed or aired the charges with the

same prominence or in the same page or section or in

the same time slot as the first statement.

Section 11. Rates for Political Propaganda. — During

the election period, media outlets shall charge registered

political parties and bona fide candidates a discounted

rate of thirty percent (30%) for television, twenty percent

(20%) for radio and ten (10%) for print over the average

rates charged during the first three quarters of the

calendar year preceding the elections.

Section 12. Substitution of Candidates. — In case of

valid substitutions after the official ballots have been

printed, the votes cast for the substituted candidates shall

be considered as stray votes but shall not invalidate the

whole ballot. For this purpose, the official ballots shall

provide spaces where the voters may write the name of

the substitute candidates if they are voting for the latter:

Provided, however, That if the substitute candidate of the

same family name, this provision shall not apply.

Section

13.

Authority

of

the

COMELEC

to

Promulgate Rules; Election Offenses. — The COMELEC

shall promulgate and furnish all political parties and

candidates and the mass media entities the rules and

regulations for the implementation of this Act, consistent

with the criteria established in Article IX-C, Section 4 of

the Constitution and Section 86 of the Omnibus Election

Code (Batas Pambansa Blg. 881).

Rules and regulations promulgated by the COMELEC

under and by authority of this Section shall take effect on

the seventh day after their publication in at least two (2)

daily newspapers of general circulation. Prior to 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 mass media.

© Compiled by RGL

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