September 22, 2010

COMELEC RESOLUTION NO. 9043

RULES AND REGULATIONS GOVERNING ELECTION CAMPAIGN, PROPAGANDA, CONTRIBUTIONS AND EXPENDITURES IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS

WHEREAS, EaCDAT

WHEREAS, Section 13 of the same

NOW, THEREFORE, the Commission, by virtue of the powers vested in it by the

I. ELECTION CAMPAIGN

SECTION 1. Campaign Period. The campaign period for the October 25, 2010 Barangay and Sangguniang Kabataan elections shall be from October 14, 2010 to October 23, 2010.

SECTION 2. What Constitutes "Election Campaign" or "Partisan Political Activity." The term "election campaign" or "partisan political activity" refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office. It shall include:

a. Forming organizations, associations, clubs, committees, or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate;

b. Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;

c. Making speeches, announcements, or commentaries or holding interviews for or against the election of any candidate for public office;

d. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or

e. Directly or indirectly soliciting votes pledges or support for or against a candidate. HAEIac

SECTION 3. Lawful Election Propaganda. Election propaganda, whether on print, television or cable television, radio, newspaper or any other medium, is hereby allowed for all bona fide candidates subject to the limitation on authorized expenses of candidates.

Lawful election propaganda shall include:

a. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one-half inches (8 1/2") in width and fourteen inches (14") in length;

b. Handwritten or printed letters urging voters to vote for or against any candidate;

c. Posters made of cloth, paper, cardboard or any other material, whether framed or posted, with an area not exceeding two feet (2') by three feet (3');

d. Streamers not exceeding three feet (3') by eight feet (8') in size displayed at the site and on the occasion of a public meeting or rally. 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;

e. Mobile units, vehicles motorcades of all types, whether engine or manpower driven or animal drawn, with or without sound systems or loud speakers and with or without lights;

f. Paid advertisements in print or broadcast media subject to the requirements set forth in Section 11 hereof and

g. In headquarters or residences of candidates, lawful election paraphernalia may be displayed, but banners or streamers referred to in paragraph (d) above shall not be allowed;

h. All other forms of election propaganda not prohibited by the

SECTION 4. Prohibited Forms of Election Propaganda During the campaign period, it is unlawful:

a. To print, publish, post or distribute any newspaper, newsletter, newsweekly, gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper sticker, poster, comic book, circular, handbill, streamer, sample list of candidates or any published or printed political matter and to air or broadcast any election propaganda or political advertisement by television or radio for or against a candidate or group of candidates, unless they 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, for whose benefit the election propaganda was printed or aired. It shall likewise be unlawful to publish, print or distribute said campaign materials unless they bear, and are identified by, the reasonably legible or audible words "political advertisement paid by," followed by the true and correct name and address of the payor. HEScID

b. To print, publish, broadcast or exhibit any such election propaganda donated or given free of charge by any person or publishing firm or broadcast entity to a candidate, without the written acceptance by the said candidate, and unless they bear and be identified by the words "printed free of charge," or "airtime for this broadcast was provided free of charge by", respectively, followed by the true and correct name and address of the said publishing firm or broadcast entity;

c. To show, display or exhibit publicly in a theatre, television station, or any public forum any movie, cinematography or documentary portraying the life or biography of a candidate, or in which a character is portrayed by an actor or media personality who is himself a candidate;

d. For any newspaper or publication, radio, television or cable television station, or other mass media, or any person making use of the mass media to sell or to give free of charge print space or air time for campaign or election propaganda purposes to any candidate, in excess of the size, duration or frequency authorized by law or these rules;

e. For any radio, television, cable television station, announcer or broadcaster to allow the scheduling of any program, or permit any sponsor to manifestly favor or oppose any candidate by unduly or repeatedly referring to, or unnecessarily mentioning his name, or including therein said candidate; and

f. To post, display or exhibit any election campaign or propaganda material outside of authorized common poster areas in public places, or in private properties without the consent of the owner thereof.

The printing press, printer, or publisher who prints, reproduces or publishes said campaign materials, and the broadcaster, station manager, or owner of the radio or television station who airs or shows the political advertisements, without the required data or in violation of these rules shall be criminally liable with the candidate and further suffer the penalties of suspension or revocation of franchise or permit in accordance with law.

SECTION 5. Petition for Authority to Use Other Election Propaganda. Any person seeking authority to use other forms of election propaganda not covered by those enumerated in Sec. 3 hereof and not prohibited by law may file with the Commission, through the Clerk of the Commission, a verified petition in eight (8) legible copies, describing the election propaganda sought to be authorized with samples thereof.

Upon receipt of the petition, the Clerk of the Commission shall set it for hearing and shall send notice thereof to the petitioner. On the day following the receipt of the notice of hearing, the petitioner shall cause the publication of the petition, together with the notice of hearing, in two (2) newspapers of general circulation, notifying the Commission of such action.

If the Commission authorizes the use of the requested election propaganda, the authorization shall be published in two (2) newspapers of general circulation within one (1) week after the authorization has been granted.

SECTION 6. Posting the Campaign Materials Candidates may post any lawful campaign materials in:

a. Authorized common poster areas in public places subject to the requirements and/or limitations set forth in the next following section; and

b. Private places provided it has the consent of the owner thereof.

SECTION 7. Common Poster Area The Election Officer shall, not later than October 5, 2010, designate in each barangay not more than ten (10) common poster areas wherein candidates may place, display or exhibit their campaign posters. The common poster area shall be erected in a public place such as plazas, markets, barangay centers and the like, at the expense of the candidates availing of the poster area. The common poster area shall not exceed twelve (12) by sixteen (16) feet or its equivalent.

Candidates shall be allowed to post only one (1) poster in every common poster area.

The Election Officer shall, not later than October 10, 2010, submit to the Law Department a list of designated common poster areas.

The common poster areas wherein candidates can post, display, or exhibit their election propaganda to announce or further their candidacy shall be subject to the following requirements and/or limitations:

a. A common poster area does not refer to a post, a tree, the wall of a building or an existing public structure that is in active use, but a structure, the location and number of which are herein below determined, that is temporarily set up by the candidates or political parties for the exclusive purpose of displaying their campaign posters;

b. The Election Officer shall make, and post in his office, a list of the common poster areas in each barangay, indicating therein their exact locations;

c. The Election Officer shall comply with his obligations in the immediately preceding paragraph not later than five (5) days before the start of the campaign period for national elections and failure to do so shall make him liable for gross neglect of duty.

SECTION 8. Areas where Campaign Materials are Prohibited to be Posted. The posting of campaign materials in public places outside of the designated common poster areas such as streets, bridges, public structures or buildings, trees, electric posts or wires, schools, shrines, main thoroughfares and the like is prohibited. Persons posting the same shall be liable together with the candidates and other persons who caused the posting.

It will be presumed that the candidates caused the posting of campaign materials outside the common poster areas if he does not remove the same within three (3) days from notice which shall be issued by the Election Officer of the city or municipality where the unlawful election propaganda are posted or displayed.

Members of the PNP and other law enforcement agencies called upon by the Election Officer or other officials of the COMELEC shall apprehend the violators caught in the act, and file the appropriate charges against them.

SECTION 9. Prohibition on the Removal, Destruction or Defacement of Lawful Election Propaganda. During the campaign period, it is unlawful for any person to remove, destroy, obliterate or, in any manner, deface or tamper with, or prevent the distribution of any lawful election propaganda enumerated in SEC. 8 hereof.

SECTION 10. Removal, Confiscation, or Destruction of Prohibited Propaganda Materials Any prohibited form of election propaganda materials shall be summarily stopped, confiscated, removed, destroyed, or torn down by the representatives of the Commission, at the expense of the candidate, organization, and/or coalition thereof, or person responsible for the prohibited election propaganda materials.

Any person, organization, and/or coalition thereof, association, agency, office, bureau or department of the government may file with the Commission, through its field office, a petition to confiscate, remove, destroy and/or stop the distribution of any propaganda material on the ground that the same is offensive to public morals, libelous, illegal, prohibited, subversive or irrelevant to the election issues.

The Commission, after summary hearing, shall resolve the petition within six (6) hours from the time it is submitted for decision. Where the parties concerned cannot be contacted or are unknown or refuse to appear at the hearing, the Commission may decide the petition ex parte.

The Commission may, motu proprio, immediately order the removal, destruction and/or confiscation of any prohibited propaganda material, or those materials which contain statements or representations that are illegal, prohibited, patently libelous, offensive to public morals, subversive or which tend to incite sedition or rebellion.

SECTION 11. Rallies, Meetings and Other Political Activities Subject to the requirements of local ordinances on the issuance of permits, any candidates, organization, individually or jointly with other aspirants, may hold peaceful political meetings, rallies or other similar activities during the campaign period.

The candidate shall notify the election officer concerned of any public rally he intends to organize and hold in the barangay and within three (3) working days thereafter submit to the Election Officer a statement of expenses incurred in connection therewith.

SECTION 12. Application for Permit to Hold Public Meetings, Rallies or Other Political Activities All applications for permits to hold public meetings, rallies and other similar political activities shall be filed with the authorized city or municipal official who shall acknowledge receipt thereof in writing. Immediately after its filing, the application shall be posted in a conspicuous place in the city hall or municipal building.

SECTION 13. Action on Application for Permit Within two (2) days hours after the filing of an application for permit to hold public meetings, rallies or other political activities, the local authority concerned shall act in writing on said application. Any application not acted upon within two (2) days from the date of its filing shall be deemed approved.

In acting on the application, the approving official shall give all candidates equal and fair opportunity as to date, time and place, to hold public political meetings or rallies.

SECTION 14. Prohibited Acts During Public Meetings It is unlawful for any candidate, group, organization, and/or coalition thereof, or any person to give or accept, free of charge, directly or indirectly, transportation, food and drinks, or anything of value during and within the five (5) hours before and after a public meeting, or to give or contribute, directly or indirectly, money or things of value for such purpose.

SECTION 15. Prohibited Raising of Funds It is illegal for any person to hold dances, lotteries, cockfights, games, boxing, bingo, beauty contests, entertainments, or cinematographic, theatrical or other performances for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to and including election day, or for any person or organization, whether civic or religious, directly or indirectly to solicit and/or accept from any candidate or from his campaign manager, agent or representative, or from any person acting in his behalf, any gift, food, transportation, contribution, or donation in cash or in kind during the same period. Normal and customary religious stipends, tithes, or collections on Sunday and/or other designated collection days are excluded from this prohibition.

II. CONTRIBUTIONS AND EXPENSES

SECTION 16. Prohibited Donations by Candidates or their Agents. No candidate, his or her spouse or any relative within the second civil degree of consanguinity or affinity, or his campaign manager, agent or representative, shall, from the start of the campaign period up to election day, directly or indirectly, make any donation, contribution, gift in cash or in kind, or undertake or contribute to the construction or repair of roads, bridges, schoolhouses, puericulture centers, medical clinics and hospitals, churches or chapels, cement pavements, or any structure for public use or for the use of any religious or civic organization. Periodic payments for legitimate scholarships established, and school contributions habitually made, before the prohibited period are excluded from the prohibition.

SECTION 17. Limitation Upon Expenses of Candidates No candidate shall spend for his election campaign an aggregate amount exceeding Three Pesos (P3.00) for every registered voter in the barangay where he seeks to be elected.

SECTION 18. Statement of Contributions and Expenditures Every candidate shall, not later than November 10, 2010, file, in duplicate, with the Office of the Election Officer where he filed his certificate of candidacy a full, true and itemized statement of all contributions and expenditures in connection with the election.

Within five (5) days after the election, the Election Officer shall advise in writing personally or by registered mail all candidates who filed their certificates of candidacy with his office to comply with the above requirement.

Within five (5) days after the last day for the filing of statements, the Election Officer shall transmit to the ERSD, COMELEC, Manila, duplicate copies of all the statements filed with his office.

No person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required.

SECTION 19. Forms and Contents of Statement The Statement of Contributions and Expenditures shall be in writing, supported by receipts and other documents, subscribed and sworn to by the candidate, and shall set forth in detail the following:

a. The amount of every contribution, the date of receipt and the full name and exact address of the person from whom the contribution was received;

b. The amount of every expenditure, the date thereof, the full name and exact address of the person to who each payment was made and the purpose of the expenditures; and

c. Any unpaid obligation, its nature and amount and to whom said obligation is owing.

If the candidate received no contribution, made no expenditure, or has no pending obligation, such fact shall be reflected in the Statement.

SECTION 20. Preservation and Inspection of Statement All Statements of Contributions and Expenditures shall be kept and preserved at the office where they are filed and shall constitute part of the public records for three (3) years after election. They shall not be removed thereat except upon order of the Commission or of a competent court and shall, during regular office hours, be open to inspection by the public. On written demand, certified copies of any statement may be furnished upon payment of the prescribed fees.

III. NON-PARTISAN CHARACTER OF THE BARANGAY
AND SANGGUNIANG KABATAAN ELECTION

SECTION 21. Prohibition Against Intervention by Political Party, Coalition of Political Parties, or Any Other Organization No person who files a certificate of candidacy shall represent or allow himself to be represented as a candidate of any political party or any other organization; and no political party, political group, political committee, civic, religious, professional, or other organization or organized group of whatever nature shall intervene in his nomination or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material of otherwise, favorable to or against his campaign for election: Provided, That this provision shall not apply to the members of the family of the candidate within the fourth civil degree of consanguinity or affinity nor to the personal campaign staff of the candidate in his barangay; Provided, however, That without prejudice to any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that the provisions of this paragraph may or will be violated.

Nothing in this Section, however, shall be construed as in any manner affecting or constituting an impairment of the freedom of individuals to support or oppose a candidate for any barangay office.

Violation of this Section by any political party, group, or coalition of political parties shall be a ground for the cancellation of its registration with the Commission.

SECTION 22. Barangay Assembly. During the campaign period, the Punong Barangay or any Kagawad who is not a candidate, or any resident of the barangay of known probity designated by the Election Officer, shall upon prior notice of at least (2) days, convene the barangay assembly at least one (1) to allow all the candidates for Barangay and Sangguniang Kabataan to explain to the barangay voters their qualifications, programs of administration and other information that may enlighten the voters their candidates. The members of the barangay assembly may discuss other matters relative to the election of Barangay and Sangguniang Kabataan officials.

The order in which the candidate shall speak shall be determined by raffle under the supervision of the barangay official or registered voter who called the meeting. Each candidate shall be allotted equal time.

SECTION 23. Public Forum During the campaign period, non-political, non-partisan private or civic organizations may hold in any barangay a public forum at which forum all candidates for barangay and sangguniang kabataan offices shall be invited in writing to present their platforms or programs of government and other relevant issues. The invitations shall specify the date, time and place of the public forum.

The order in which the candidates shall speak shall be determined by raffle. Each candidate shall be allowed equal time.

The sponsoring organization shall furnish the Election Officer concerned with a copy of the schedule of the forum.

SECTION 24. Penalties Any violation of this resolution shall be punished with imprisonment of not less than one year but not more than six (6) years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served.

SECTION 25. Effectivity. This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspaper of general circulation in the Philippines.

SECTION 26. Dissemination The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation and furnish copies thereof to all field offices of the Commission.

SO ORDERED.

(SGD.) JOSE A.R. MELO
Chairman

(SGD.) RENE V. SARMIENTO
Commissioner

(SGD.) NICODEMO T. FERRER
Commissioner

(SGD.) LUCENITO N. TAGLE
Commissioner

(SGD.) ARMANDO C. VELASCO
Commissioner

(SGD.) ELIAS R. YUSOPH
Commissioner

on official business
GREGORIO Y. LARRAZABAL
Commissioner