The COMELEC Report

1
The COMELEC Report

• The National Electoral Reform Summit of 2002

2
EVALUATION OF THE 14 MAY 2001 ELECTIONS

• Pre-election Election Proper Post Election

3
Pre-election

• Delay in
• Approval of the budget and release of election
  funds
• Submission of project of precincts due to
• Late decision of the en banc on which voters list
  to use and whether to group the precincts or not
• Working areas not adequate or conducive

4
Pre-election (2)

• Lack of systems and procedures that resulted in
• Misdelivered election forms and paraphernalia
• Confusion
• Several releasing points for
• Ballots (NPO)
• Election returns (Ernest Printing)
• Canvassing forms (COMELEC Central)
• Indelible ink (Old NPO)

5
Pre-election (3)

• Assignment of inexperienced personnel in some
  working committees
• Policy on Commissioners-in-Charge
• Arbitrary re-assignment of Election Officers and
  Provincial Election Supervisors
• Unnecessary hiring of casuals
• Unregulated grant of overtime and travel authority

6
Pre-election (4)

• Late payment of honorarium to Boards of Election
  Inspectors
• Lack of quorum during en banc meetings resulting
  in delays in decision-making

7
Election Proper

• Delay in distribution of forms and supplies
• Missing names in the Computerized Voters List
• Whereabouts of some Election Officers and
  Provincial Election Supervisors unknown
• Inadequate communication and transport facilities
  for information dissemination and monitoring

8
Post-Election

• Frequent changes in the composition of the Boards
  of Canvassers
• Confusion on payments of claims of members of
  Boards of Canvassers
• Whether HONORARIUM or OVERTIME, or both
• Double proclamation
• Non-compliance with canvassing rules
• Clerical or intentional errors

9
FAIRELECTIONSACT

• Republic Act No. 9006 as implemented by Comelec
  Resolution No. 3636 dated 01March 2001

10
DefinitionPolitical Advertisement

• Any matter
• Broadcasted
• Published
• Printed, or
• Exhibited
• which draws the attention of the public or a
  segment thereof to promote or oppose, directly or
  indirectly, the election of a particular
  candidate or candidates to a public office.

11
Political Advertisement

• May be in the form of
• Spots
• Live or taped announcement
• Identification spots
• Guesting on TV shows and radio programs, and
• Other forms of advertising messages or
  announcements used by commercial advertisers.

12
Media Practitioner

• Any person who is not employed by the media
  entity but
• performs similar functions or
• has control over what is printed or broadcasted,
  such as, talent or a block timer.
• If an official of a political party or a member
  of the campaign staff of a candidate or political
  party, he shall not use his/her time or space to
  favor any candidate or political party.

13
Resignation or Leave of Absence

• Mass media columnist
• Commentator
• Announcer
• Reporter
• Onair correspondent or personality
• Who is a candidate for any elective public
  office, or
• Who 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
• Take a leave of absence from his/her work as such
  during the campaign period

14
Rallies, Meetings and Other Similar Political
Activities

• Any political party supporting official
  candidates or
• Any candidate, individually or jointly with other
  aspirants
• may hold peaceful political meetings, rallies or
  other similar activities during the campaign
  period
• Subject to the requirements of local ordinances
  on the issuance of permits

15
Applications for Permit to hold public meetings,
rallies

• Filed with the authorized city or municipal
  official, who shall
• Acknowledge receipt thereof in writing
• Post the application immediately after its
  filing, in a conspicuous place in the city hall
  or municipal building
• Submit to the Election Officer on the first
  working day of each week
• The list of applications filed during the
  previous week and
• Action taken thereon.

16
Action on Application

• Official concerned shall
• Act in writing
• Within three (3) days after filing of an
  application for permit
• If not acted upon within three (3) days from the
  date of its filing, deemed approved.
• Give all candidates, political parties,
  organizations or coalitions equal and fair
  opportunity as to Date, Time and Place, to hold
  public political meetings or rallies.
• In the last week of the campaign periods, all
  independent candidates, political parties,
  organizations and coalitions shall be entitled to
  hold at least one public meeting or rally, at the
  time to be chosen by the applicant, in the public
  plaza or place where public political meetings or
  rallies are usually held.

17
Action on Application

• Approval of application shall include a
  condition that a statement of expenses incurred
  in connection with the meeting or rally be
  submitted to the Election Officer
• Denial of application for permit
• Ground If prior written application by another
  candidate or political party, organization or
  coalition for the same purpose has been approved.
  
• Appeal To the Provincial Election Supervisor,
  and in the National Capital Region to the
  Regional Election Director, who shall
• Decide the same within forty-eight (48) hours
  after the filing of the appeal, and
• Give notice of the decision to the parties.
• The decision shall be final and executory.

18
Notice to EO and Report of Expenses for holding
meetings, rallies

• Any candidate or political party, organization or
  coalition intending to organize and hold any
  public meeting rally or political activity in the
  city or municipality shall
• Notify the Election Officer concerned thereof
  and,
• Submit to said officer a statement of expenses
  incurred in connection therewith
• Within seven (7) working days after the said
  public meeting, rally or activity

19
Prohibited acts during public meetings

• Give or accept or contribute, free of charge,
  directly or indirectly
• Transportation
• Food
• Drinks
• Money
• Anything of value
• During and within the five (5) hours before and
  after a public meeting

20
Lawful Election Propaganda

• Election propaganda, for national and local
  positions, now allowed, whether on
• Television
• Cable television
• Radio
• Newspaper or
• Any other medium
• Subject to the
• Limitation on authorized expenses of candidates
  and political parties and
• Observance of truth in advertising.

21
Lawful Election Propaganda

• 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
• Handwritten or printed letters urging voters to
  vote for or against any particular political
  party or candidate for public office

22
Lawful Election Propaganda

• Cloth paper or cardboard posters
• whether framed or posted
• with an area not exceeding two (2) feet by three
  (3) feet
• Exemption
• Streamers
• not exceeding three (3) feet by eight (8) feet in
  size
• Displayed
• at site of and on the occasion of a public
  meeting or rally or
• five (5) days before the date of the meeting or
  rally to be removed removed within twenty-four
  (24) hours after meeting or rally

23
Lawful Election Propaganda

• Paid advertisements in print or broadcast media,
  provided it shall
• bear and be identified by the reasonable 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.

24
Lawful Election Propaganda

• Free of charge advertisement, provided it shall
• 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, if
  publication is given free of charge by the
  publishing firm, radio or television station.

25
Free of Charge AdvertisementLawful Election
Propaganda

• With written acceptance by the candidate or
  political party.
• Written acceptance shall be
• Attached to the advertising contract and
• Submitted to the COMELEC as provided in
  hereunder.

26
Requirements for Published or Printed or
Broadcast (whether paid or free of charge)
Lawful Election Propaganda

• All media entities shall furnish the COMELEC with
  a copy of all contracts for advertising
• 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.

27
Lawful Election Propaganda

• All other forms of election propaganda not
  prohibited by the Omnibus Election Code or of
  these rules
• File with the Comelec a verified petition, in
  eight (8) legible copies, describing the election
  propaganda sought to be authorized, with samples
  thereof.

28
Petition for authority to use other forms of
election propaganda

• If the Comelec authorizes use of the requested
  election propaganda
• Petitioner to publish authorization in two (2)
  newspapers of general circulation within one week
  after the authorization has been granted.

29
Petition for authority to use other forms of
election propaganda

• Comelec sets petition for hearing with notice to
  petitioner.
• On the day following receipt of notice of
  hearing, petitioner
• causes publication of the petition, together with
  notice of hearing, in two (2) newspapers of
  general circulation,
• notifies Comelec of such action.

30
Lawful Election PropagandaRemoval/destruction/def
acement

• During the campaign period it is unlawful for any
  person to
• Remove
• Destroy
• Obliterate
• Deface in any manner
• Tamper with
• Prevent the distribution of
• any lawful election propaganda.

31
Where to post campaign materials

• Authorized common poster areas
• Private places with the consent of the owner

32
Common poster area

• Who may avail
• Candidates of political parties
• Party-list groups
• Independent candidates
• When to file
• Within five days from effectivity of Rules
• What to file
• Application to erect common poster area
• Where to file
• Office of Election Officer

33
Common poster area
34
Common poster areas Limitations

• Individual posters not to exceed 2 feet x 3 feet.
  
• In case of space limitations, reduce to uniform
  size to accommodate all candidates
• Area allocated to party or candidate cannot be
  used by another even with consent of former

35
Common poster areaParty-List Groups

• Allocated at the rate of one common poster area
  for every thirty-two (32) party-list groups
• If there are less than thirty-two (32) party-list
  groups, EO
• Reduces the size of the common poster area
  depending on the total number of applicants for
  common poster area, provided
• each group entitled to post one 2 feet x 3 feet
  poster

36
Common poster areaParty-List Groups

• If more than thirty-two (32) party-list groups
• EO determines appropriate number and size of
  common poster areas to equitably accommodate the
  total number of applicants
• Party-list groups shall agree among themselves
  who will share each common poster area.
• In case no agreement is reached, EO shall group
  the parties alphabetically.

37
Common poster areaProcedure for filing
applications

• EO
• Acts on application within three (3) days from
  receipt thereof
• Determines if site is public, with heavy
  pedestrian or vehicular traffic, densely
  populated. Etc.
• Equitably and impartially allocates sites to
  ensure maximum exposure of all propaganda
  materials

38
Common poster areaProcedure for filing
applications

• Appeal from Order of EO
• File within 2 days from receipt of Order with
  PES/RED-NCR, who shall
• Decide within 2 days from receipt of appeal
• Furnish copies of decision to
• Parties concerned
• Law Department
• Decision final and executory

39
Common poster areaObligation of
parties/candidates

• Within seven (7) days after the elections, the
  candidates and party-list groups which applied
  for the erection of a common poster area shall
• Tear down the same at their own expense and
• Restore the site into its original condition.

40
Prohibited forms of election propaganda

• Campaign or propaganda materials
• Posted outside of the authorized common poster
  areas or
• Posted in private places without the consent of
  the owner
• In excess of the size authorized by law
• Whether posted or distributed in any place.

41
Prohibited forms of election propaganda

• Publicly exhibiting in a theater, television
  station or any public forum during the campaign
  period
• Movie, cinematography or documentary portraying
  the life or biography of a candidate
• Movie, cinematography or documentary portrayed by
  an actor or media personality who is himself a
  candidate

42
Prohibited campaign

• Outside of the campaign periods
• Holy Thursday
• Good Friday
• Day before election day, and
• Election day

43
Prohibited election propagandaRemoval/confiscatio
n/destruction

• COMELEC representative shall summarily
• Confiscate
• Remove
• Destroy
• Tear down
• any prohibited election propaganda materials
  at the expense of the
• Candidate
• Political party
• Sectoral party, organization or coalition, or
  person responsible for the prohibited election
  propaganda.

44
Prohibited election propagandaRemoval/confiscatio
n/destruction

• At the expense of the
• Candidate
• Political party
• sectoral party, organization or coalition
• Person
• responsible for the prohibited election
  propaganda.

45
Prohibited election propagandaPetition to
confiscate/remove/ destroy/stop distribution

• Who may file
• Person
• Political party
• sectoral party, organization or coalition
• Association
• Agency office, bureau or department of the
  government
• Where to file
• With COMELEC, through its field office

46
Prohibited election propagandaPetition to
confiscate/remove/ destroy/stop distribution

• Grounds
• Offensive to public morals
• Libelous
• Illegal
• Prohibited
• Subversive
• Irrelevant to the election issues.

47
Prohibited election propagandaPetition to
confiscate/remove/ destroy/stop distribution

• COMELECs duty
• Resolve petition
• after summary hearing
• within six (6) hours from the time petition is
  submitted for decision
• Decide petition ex parte
• If parties concerned cannot be
• Contacted
• Unknown
• Refuse to appear at the hearing.

48
Prohibited election propagandaPetition to
confiscate/remove/ destroy/stop distribution

• COMELECs duty
• motu proprio, immediately order
• Removal
• Destruction
• Confiscation
• Prohibited propaganda material
• Materials containing statements/representations
• Illegal
• Prohibited
• Patently libelous
• Offensive to public morals
• Subversive
• Tend to incite sedition or rebellion.

49
Equal access to media time and spaceGuidelines

• All candidates shall have equal access to media
  time and space
• Print advertisements shall not exceed
• One-fourth (1/4) page, in broadsheet and
• One-half (1/2) page in tabloids
• Frequency not to exceed thrice a week per
  newspaper, magazine or other publications, during
  the campaign period

50
Equal access to media time and spacewhether by
purchase or donation and during campaign period
51
Equal access to media time and spaceGuidelines

• Broadcast given free of charge by the radio or
  television station, 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

52
Equal access to media time and spaceGuidelines

• Each broadcast station or entity shall
• Submit to the EID and the Executive Director a
  certified true copy of its certificates of
  performance for the review and verification of
  the
• Frequency
• Date
• Time and
• Duration of advertisement broadcasts for any
  candidate or political party
• Preserve the broadcast logs for a period of three
  (3) years from the date of broadcast, for
  production before the COMELEC whenever required.

53
Certificate of PerformanceFrequency of submission
54
Equal access to media time and spaceGuidelines

• Each broadcast station or entity shall
• Submit copy of contracts for political
  advertisements to the
• EID
• Executive Director
• Law Department
• Within 5 days after its signing
• Signed by donor, candidate concerned or duly
  authorized representative of political party

55
Equal access to media time and spaceGuidelines

• No franchise or permit to operate a radio or
  television station shall, during the election
  period, be
• Granted
• Issued
• Suspended or
• Cancelled

56
Equal access to media time and spaceGuidelines

• No radio, cable television or television station
  shall
• Allow 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
• without prejudice to the right of said broadcast
  entities to air accounts of significant news or
  newsworthy events and views on matters of public
  interest.

57
Equal access to media time and spaceGuidelines

• All members of media, television, radio or print,
  shall
• Scrupulously report and
• Interpret the news
• taking care not to suppress essential facts or
  distort the truth by omission or improper
  emphasis
• Recognize the duty
• to air the other side and
• to correct substantive errors promptly

58
Equal access to media time and spaceGuidelines

• If there are violations of the provisions
  prescribed in these guidelines
• EID shall submit a report thereon to the Law
  Department , together with the
• Corresponding copies of the contracts for
  advertising
• Broadcast logs and
• Certificates of performance
• For the filing of the appropriate charges against
  such violators

59
Right to reply

• Registered parties
• Bona fide candidates
• have the right to reply to charges published
  against them.
• Reply given publicity by
• Newspaper
• Television
• Radio station
• which first printed/aired charges
• same prominence
• same page/section
• same time slot as the first statement.

60
Comelec space and timeTo announce candidacies
for national offices
61
Comelec space and timeTo announce candidacies
for national offices

• Each advertisement, maximum of 30-second spot
• Cost of production at expense of candidate or
  political party
• Air time to be allocated through raffle by the
  Executive Director

62
Comelec space and timeTo disseminate Comelec
information
63
Rates of political propaganda

• During the election period, media outlet shall
  charge registered political parties and bona fide
  candidates a discounted rate of
• thirty percent (30) for television
• twenty percent (20) for radio
• ten percent (10) for print
• over the average rates charged during the first
  three quarters of the calendar year preceding the
  elections

64
Election surveys

• Who may conduct
• Person (natural/juridical)
• Candidate
• Organization
• When
• Election period

65
Election Survey

• Measurement of opinions and perceptions of the
  voters as regards a candidates
• Popularity
• Qualifications
• Platforms
• Matters of public discussion in relation to the
  election, including voters preference for
  candidates or publicly discussed issues during
  the campaign period.

66
Election surveys

• To be published with following information
• Name of person, candidate, party or organization
  who commissioned or paid for the survey
• Name of person, polling firm or survey
  organization who conducted the survey

67
Election surveys

• Period during which survey was conducted
• Methodology used, including the number of
  individual respondents
• Areas from which they were selected
• Specific questions asked
• Margin of error of the survey
• Margin of error for each question

68
Election surveys

• Mailing address and telephone number where the
  sponsor can be contacted to obtain a written
  report
• The survey together with raw data gathered to
  support its conclusions shall be available for
• Inspection
• Copying, and
• Verification by the
• COMELEC
• registered political party
• bona fide candidate, or
• any COMELEC accredited citizens arm.

69
Election surveys

• A reasonable fee sufficient to cover the costs of
  inspection, copying and verification may be
  charged
• Surveys shall not be published
• fifteen (15) days before an election, if
  affecting national candidates
• seven (7) days before an election, if affecting
  local candidates

70
Exit Polls

• Species of electoral survey conducted by
  qualified individuals for the purpose of
  determining the probable result of an election by
  confidentially asking randomly selected voters
  whom they have voted for, immediately after they
  have officially cast their ballots.

71
Exit pollsRequirements

• Result of the exit polls
• May be announced after the closing of the polls
  on election day
• Must identify the
• total number of respondents
• places where they were taken.
• Said announcement shall state that the result is
• unofficial and
• does not represent a trend

72
Exit pollsRequirements

• 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
• Wear distinctive clothing
• Prominently wear their identification cards
  issued by the organization they represent
• Inform the voters that they may refuse to answer

73
Contractors/firms report of expenditures

• Exact address of every
• Candidate
• Treasurer of political party
• Other persons making expenditures
• Nature or purpose
• Date and cost
• Report shall be signed and sworn to by
• Contractor
• Dealer or
• In case of business firm/association, by its
  president or general manager

74
Contractors/firms report of expenditures

• Within thirty (30) days after the election,
  every
• Printer
• Manufacturer
• Seller or
• Other person or firm to whom an election
  expenditure for election propaganda is made,
• shall file with COMELEC a report showing the
• Full name

75
Contractors/business firmsDuties

• Require every person making an expenditure for
  and in behalf of a candidate or political party
  to
• Present
• Submit a written authority to incur said
  expenditures

76
Contractors/business firmsDuties

• Keep and preserve at its place of business,
  subject to inspection by the COMELEC or its
  authorized representatives copies of
• Written authority
• Contract
• Voucher
• Invoices
• Other records or documents
• relative to said expenditures for a period of
  three (3) years after the date of the election.

77
Contractors/business firmsProhibition

• Enter any contract involving election
  expenditures with representatives of candidates
  or political parties who do not have such written
  authority.

78
Authorized aggregate amount of election expenses
79
Persons authorized to incur election expenditures

• Candidate
• Treasurer of a political party
• Any person authorized by said candidate or
  political party
• The authority shall
• Be in writing
• Be signed by the candidate or treasurer of the
  political party, and
• State the full name and exact address of said
  representative and the expenditures so
  authorized.
• Be attached to the statement of contributions or
  expenditures

80
Effect of filing of certificate of candidacy by
elective official

• Any elective official, whether national or local,
  who has filed a certificate of candidacy for the
  same or any other office shall not be considered
  resigned from his office

81
Substitution of candidates

• In case of valid substitutions after the official
  ballots have been printed, the votes cast for
  substituted candidates
• Shall be considered as stray votes but
• Shall not invalidate the whole ballot.
• Official ballots (for automated system) shall
  provide spaces where the voters may write the
  name of the substitute candidates if they are
  voting for the latter
• If the substitute candidate is of the same family
  name, this provision shall not apply

82
Deputized agencies

• Kapisanan ng mga Brodkasters ng Pilipinas (KBP)
• Philippine Internet Service Operators (PISO)
• Philippine Association of Private Telephone
  Companies (PAPTELCO)
• Telecommunication Operators of the Philippines
  (TOP)
• to conduct, in coordination with the Education
  and Information Department,
• regular information campaign on the proper use of
  any medium of communication
• including the broadcast and transmission of
  information, during the campaign period

83
Election Offense

• Violation of RA 9006 and these rules shall
  constitute an election offense
• Any aggrieved party may file a verified complaint
  for violation of these rules with the Law
  Department of COMELEC

84
thats all, folks

• thank you and good day