New Rules and Regulations Governing

the Elections
Posted on January 14, 2013 by Imelda A. Manguiat Posted in Constitutional Law, Philippines -
Law, Philippines - Regulation
The Comelec promulgated Resolution No. 9615 on 15 January 2013. This Resolution
implements the provisions of Republic Act No. 9006, more popularly known as the Fair Election
Act, for purposes of the 2013 national and local mid-term elections.
The Fair Election Act governs the use of TV, radio and other broadcast media, and other forms
and methods of campaigning, the use and conduct of election surveys and exit polls, and the
method of implementing the right to reply enshrined under Section 4, Article IX-C of the 1987
Constitution. The law seeks to level the playing field among national and local electoral
candidates and parties, particularly by placing limits on the amount of time a candidate or
political party may access a particular medium for campaign purposes as well as by limiting the
type and forms of allowable election campaign materials, and regulating public rallies, meetings
and other political activities.
While generally hewing closely to the provisions of the law, the new regulation has met stringent
opposition from media groups as a result of a number of novel provisions. Foremost among these
is the introduction of regulations governing the use of the internet, particularly, blogs, social
networks, and other online channels and websites. Previously unregulated, online propaganda is
now subject to limitations as to time, pixel width, height and aspect ratio and frequency. More
particularly, under Resolution 9615, online advertisements for each candidate are allowed a
maximum of three times a week per website during the entire campaign period. Any exhibition
or display within a 24-hour period is considered one publication, regardless of frequency.
The new regulation also redefines the maximum thresholds for air time and radio broadcast.
Previously, limits to air and radio transmissions were counted on a per station basis. Under the
current rules, candidates for national positions and the party-list system are now allowed only a
maximum aggregate of 120- and 180-minutes for TV and radio broadcasts. Candidates for local
positions, on the other hand, are only entitled to an aggregate of 60- and 90-minutes for TV and
radio, respectively. Appearance and guestings of candidates in a newscast, documentary or report
may be excluded from the computation of these limits upon prior approval of Comelec and proof
that other candidates were afforded equal opportunity. These particular provisions have received
the widest criticism from media practitioners as infringements on press freedom.
The new regulations also give candidates the right to file a claim against media practitioners
which may have violated their right to reply. The right to reply is a constitutional right
implemented by the Fair Election Act. It mandates that candidates against whom charges have
been published must be given an equal opportunity to respond. Given the redefinition of limits to
periods of broadcast, it is uncertain whether affording a slighted candidate the right to reply will
be counted as part of his or her aggregate maximum broadcast times.
Lastly, and least contentious of all, the regulation encourages environment-friendly campaigns
and requires candidates to strictly follow local ordinances proscribing the use of plastic and other
environmentally harmful materials.
The campaign period is set between 12 February 2013 to 11 May 2013 for party-list groups and
candidates running for senator and between 29 March 2013 and 11 May 2013 for those
campaigning for local positions and seats as members of the House of Representatives. As in the
2010 elections, the campaign period excludes Maundy Thursday, Good Friday, the eve of
Election Day and the day of elections itself.