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ELECTIONS PROPAGANDA By ATTY. MEHOL K.

SADAIN Professorial Lecturer, College of Law Former COMMISSIONER, COMELEC LAWFUL ELECTION PROPAGANDA Pamphlets, leaflets, cards, decals, stickers or other written or printed materials 8.5in width by 14in length Handwritten or printed letters Posters made of cloth, paper, cardboard, or any other material 2' b 3' Streamers 3' by 8' Mobile units, vehicles, motorcades of all types Paid ads in print or broadcast media subject to requirements in Sec. 11, Ra 8758 and RA 9006 Note: Lawful election propaganda may be displayed in HQs and residences of candidates, but streamers/banners mentioned above shall not be allowed Note: All forms of election propaganda not prohibited by the OEC and this Resolution TELEVISION For candidates/ registered political parties for a national elective position 120 minutes in television or cable TV for all television or able TV network stations, whether by purchase or donation, wherever located, per station For candidates/registered political parties for a local election position 60 minutes in television or cable tv for all television or cable tv network stations, whether by purchase or donation, wherever located, per station RADIO BROADCAST For candidates/ registered political parties for a national elective position 180 minutes in radio for all radio stations, whether by purchase or donation, wherever located, per station for candidates/registered political parties for a local election position 90 minutes in radio for all radio stations, whether by purchase or donation, wherever located, per station PRINTED/PUBLISHED in broadsheets page in tabloids page AUTHORIZED ELECTION EXPENSES Who Candidates for President and Vice President P10.00/Registered voter Other candidates with political party or support from any political party P3.00/Registered voter in their constituency Other candidates without political party or support from any political party P5.00/registered voter in their constituency Political parties/organizations/coalitions P5.00/Registered voter in the constituencies where they have candidates PROHIBITED ELECTION PROPAGANDA Sec. 9, Res. 8758. During the campaign period it is unlawful (a) To print, publish, post or distribute any newspaper, newsletter, news weekly, gazette or magazine ad, pamphlet, leaflet, card, decal, bumper sticker, poster, comic book, circular, handbill, streamer, sample list of candidates OR ANY PRINTED or PUBLISHED POL MATTER, and to air or broadcast any election propaganda, by TV or RADIO, for or against any candidate, UNLESS they BEAR and ARE IDENTIFIED by REASONABLY LEGIBLE and AUDIBLE WORDS POLITICAL ADVERTISEMENT PAID FOR followed by the TRUE & CORRECT name and address of the pol party, PL Group, org or coalition whose benefit the election propaganda was printed or aired. Likewise, these materials should bear the words POLITICAL ADVERTISEMENT PAID BY followed by the true and correct name of the payor. (b) [If given free of charge, they should] bear and be identified by the words PRINTED FREE OF CHARGE or AIRTIME FOR THIS BROADCAST WAS PROVIDED FREE OF CHARGE BY, followed by the true and correct name and address of the publishing firm or broadcast entity. (c) To show, display or exhibit publicly in a theatre, TV station or any public forum any movie or 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, TV or any person making use of the media to SELL of give FREE of charge election propaganda IN EXCESS OF THE SIZE, DURATION or FREQUENCY allowed by law. (e) [Favoring or opposing any candidate or pol party, PL group by unduly or repeatedly referring or unnecessarily referring to his/its name in any program of said radio or TV network.] (f) Posting, displaying or exhibiting any campaign propaganda material OUTSIDE the COMMON POSTER area or in PRIVATE PROPERTIES w/o owners CONSENT. LAWFUL POSTING AREAS Sec. 21. Posting the Campaign Materials. Political parties, party list groups, organizations, coalitions and candidates may post any lawful campaign materials in (a) Authorized common poster areas in public places, subject to requirements & qualifications set forth (b) Private places provided it has the consent of the owner. 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 and main thoroughfares and the like is prohibited. COMMON POSTER AREA Sec. 22, Res 8758. Pol parties, PL groups, organizations and/or coalitions, and independent candidates may, upon authority of the Commission, through the City or Mun EO, erect at their expense, common poster areas (in every Brgy) where they can post, display or exhibit their election propaganda, subject to the following: 5000 or less Regd. Voters 1 common poster area For every increment of 5000 1 additional poster area Allowed in public places like plazas, markets, brgy ctrs [not on walls, trees, or existing public structure that are in use] Size for pol parties & PL groups 12 x 16 or its equivalent [but not > 192 sq. ft. in area] Size for independent candidates 4 x 6 or its equivalent [but not > 24 sq. ft. in area] VIOLATION No lawful election propaganda materials shall be allowed OUTSIDE the common poster areas except in private properties with the consent of the owner or in such other places mentioned in these rules. Any violation hereof shall be punishable as an election offense. [Sec. 22(n), Res. 8758] Any violation of RA 9006 and these rules shall constitute an election offense punishable under the 1st & 2nd par. Of Sec. 264 of the OEC. Sec. 264. [OEC] Penalties. - Any person found guilty of any election offense under this Code shall be punished with imprisonment of not less than one year but not more than six 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. Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand pesos, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty.

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