Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION
1.
Short Title. - This Act shall be known as the "Fair Election
Act."
SEC.. 2.
Declaration of Principles. - The State
shall, during the election period, supervise or regulate the enjoyment or utilization of all franchises
or permits for the operation of media of communication or information to guarantee or ensure equal
opportunity for public service, including access to media time and space, and the equitable right to
reply, for public information campaigns and fora among candidates and assure free, orderly, honest,
peaceful and credible elections.
The State shall ensure that bona fide candidates for any public
office shall be free from any form of harassment and discrimination.
SEC. 3.
Lawful Election Propaganda. - Election propaganda, whether on
television, cable television, radio, newspapers or any other medium is hereby allowed for all registered
political parties, national, regional, sectoral parties or organizations participating under the
party-list elections and for all bona fide candidates seeking national and local elective positions
subject to the limitation on authorized expenses of candidates and political parties, observance of
truth in advertising and to 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.
SEC. 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,
simple 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.
SEC. 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:
- The name of the person, candidate, party or organization who commissioned or paid for the
survey;
- The name of the person, polling firm or survey organization who conducted the survey;
- 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;
- The margin of error of the survey;
- 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
- 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 bonafide 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:
- 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;
- Pollsters shall wear distinctive clothing;
- Pollsters shall inform the voters that they may refuse to answer; and
- 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.
SEC. 6.
Equal Access to Media Time and Space. - All registered
parties and bonafide 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
- 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.
- 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 donation.
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 station 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 as 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 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 likewise be publicly exhibited in a theater or any public forum during the campaign
period.
SEC. 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 week 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.
SEC. 8.
COMELEC Space and Time. - The
COMELEC shall procure space 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.
SEC. 9. P
osting 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 (10) 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.
SEC. 10.
Right to Reply.
- All registered parties and bona fide candidates shall 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.
SEC. 11.
Rates for Political Propaganda.
- During the election period, media outlets shall give registered political parties and bona fide candidates a discount of fifty percent (50%) for television, forty percent (40%) for radio and ten percent (10%) for print, from the average of the published rates charged in the last three calendar years prior to the election.
Nothing in this provision prohibits a media outlet from giving higher discounts:
Provided, That the discount it gives one candidate shall be the same discount it gives to other candidates for the same position.
In no case shall rates charged to registered political parties and bona fide candidates be higher than rates charged to non-political advertisers
SEC. 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 is of the same family name, this provision shall not apply.
SEC. 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 the 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.
Violation of this Act and the rules and regulations of the
COMELEC issued to implement this Act shall be an election offense punishable under the first and second
paragraphs of Section 264 of the Omnibus Election Code (Batas Pambansa Blg. 881).
SEC. 14.
Repealing Clause. - Sections 67 and 85 of the
Omnibus
Election Code (Batas Pambansa Blg. 881) and Sections 10 and 11 of
Republic Act No. 6646 are hereby
repealed. As a consequence, the first proviso in the third paragraph of Section 11 of Republic Act No.
8436 is rendered ineffective. All laws, presidential decrees, executive orders, rules and regulations,
or any part thereof inconsistent with the provisions of this Act are hereby repealed or modified or
amended accordingly.
SEC. 15.
Separability Clause. - If
any provision or part hereof is held invalid or unconstitutional, the remainder of this Act not
otherwise affected shall remain in full force and effect.
SEC. 16
. Effectivity. - This Act shall take effect immediately upon
its approval.
Approved,
(Sgd.) AQUILINO Q. PIMENTEL JR.
|
(Sgd.) FELICIANO BELMONTE JR.
|
| President of the Senate |
Speaker of the House of Representatives |
This Act which is a consolidation of House Bill No. 9000 and Senate
Bill No. 1742 was finally passed by the House of Representatives and
the Senate on February 7, 2001
(Sgd.) LUTGARDO B. BARBO
|
(Sgd.) ROBERTO P. NAZARENO
|
| Secretary of the Senate |
Secretary General House of Representatives |
Approved: February 12, 2001
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
