Declaration of principles and intent
- During the election period, the State shall supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of media of communication or information to guarantee 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. (Section 2)
- The State shall assure free, orderly, honest, peaceful and credible elections through these supervisory and regulatory measures. (Section 2)
- The State shall ensure that bona fide candidates for any public office are free from any form of harassment and discrimination. (Section 2)
Permitted election propaganda and scope
- Election propaganda is allowed for all registered political parties and national, regional, sectoral parties or organizations participating under party-list elections, and for all bona fide candidates seeking national and local elective positions, subject to authorized expense limitations, observance of truth in advertising, and COMELEC supervision and regulation. (Section 3)
- Lawful election propaganda includes written/printed materials of specified size and form, including:
- Pamphlets, leaflets, cards, decals, stickers or other written or printed materials not exceeding eight and one-half inches in width and fourteen inches in length. (Section 3.1)
- Handwritten or printed letters urging voters to vote for or against any particular political party or candidate. (Section 3.2)
- Cloth, paper or cardboard posters not exceeding an area of two (2) feet by three (3) feet, with streamers permitted at the site and on the occasion of a public meeting or rally (or announcing such holding) up to three (3) feet by eight (8) feet; such streamers may be displayed five (5) days before the meeting or rally and must be removed within twenty-four (24) hours after the meeting or rally. (Section 3.3)
- Lawful election propaganda also includes paid advertisements in print or broadcast media subject to the requirements in Section 4. (Section 3.4)
- Lawful election propaganda includes all other forms of election propaganda not prohibited by the Omnibus Election Code or this Act. (Section 3.5)
Media identification and donation acceptance rules
- Published or printed and broadcast election propaganda must bear and be identified by 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 it was printed or aired. (Section 4.1)
- For free broadcasts by a radio or television station, it must be identified by words “airtime for this broadcast was provided free of charge by,” followed by the true and correct name and address of the broadcast entity. (Section 4.2)
- Print, broadcast, or outdoor advertisements donated to a candidate or political party must not be printed/published/broadcast/exhibited without written acceptance by the candidate or political party. (Section 4.3)
- The written acceptance must be attached to the advertising contract and submitted to COMELEC as provided under Section 6.3. (Section 4.3)
Election surveys and exit polls limits
- An “Election survey” is the measurement of opinions and perceptions of voters regarding a candidate’s popularity, qualifications, platforms, or a matter of public discussion in relation to the election, including preference for candidates or publicly discussed issues during the campaign period (“Survey”). (Section 5.1)
- During the election period, any person (natural or juridical), candidate, or organization that publishes a Survey must publish:
- The sponsor/commissioner or payer;
- The person/polling firm/survey organization that conducted it;
- The survey period, methodology (including number of individual respondents and areas selected), and specific questions asked;
- The margin of error; and for questions where applicable, the margin of error for each such question;
- A mailing address and telephone number for obtaining a written report. (Section 5.2)
- The Survey and the raw data supporting its conclusions must be available for inspection, copying, and verification by COMELEC, or by a registered political party or bona fide candidate, or by any COMELEC-accredited citizen’s arm; a reasonable fee may be charged to cover costs. (Section 5.3)
- Surveys affecting national candidates cannot be published fifteen (15) days before an election. (Section 5.4)
- Surveys affecting local candidates cannot be published seven (7) days before an election. (Section 5.4)
- Exit polls may be taken only if pollsters comply with all these rules:
- No polling within fifty (50) meters from the polling place;
- Pollsters must wear distinctive clothing;
- Pollsters must inform voters they may refuse to answer;
- Results may be announced only after the closing of the polls on election day, and must clearly identify the total number of respondents and the places where taken, stating the announcement is unofficial and does not represent a trend. (Section 5.5)
Equal media access and COMELEC supervision
- All registered parties and bona fide candidates have equal access to media time and space. (Section 6)
- COMELEC may amplify the guidelines in Section 6. (Section 6)
- Print advertisement limits during the campaign period apply:
- Broadsheet: not exceeding one-fourth (1/4) page;
- Tabloids: not exceeding one-half (1/2) page, thrice a week per newspaper, magazine, or other publication. (Section 6.1)
- Television and radio time limits (purchase or donation) are fixed:
- Nationally elective office: 120 minutes of television and 180 minutes of radio;
- Locally elective office: 60 minutes of television and 90 minutes of radio. (Section 6.2)
- COMELEC shall require broadcast stations or entities to submit copies of broadcast logs and certificates of performance for review and verification of advertisement frequency, date, time, and duration. (Section 6.2)
- Mass media entities must furnish COMELEC a copy of contracts for advertising, promoting, or opposing political parties or candidacies within five (5) days after signing, and such contracts must be signed by the donor and the candidate concerned, or by the duly authorized representative of the political party. (Section 6.3)
- No franchise or permit to operate a radio or television station shall be granted, issued, suspended, or cancelled during the election period. (Section 6.4)
- COMELEC shall supervise press, radio, and television facilities as to the placement of political advertisements to ensure equal opportunities within limits set by the Omnibus Election Code and Republic Act No. 7166 (election spending). (Section 6.4)
- COMELEC shall ensure broadcast/cable broadcasting entities do not manifestly favor or oppose any candidate or political party by unduly or repeatedly referring to or including the candidate/party in programs, while preserving the right to air significant news or newsworthy events and views on matters of public interest. (Section 6.4)
- Media practitioners must report and interpret news without suppressing essential facts or distorting truth by omission or improper emphasis; they must recognize the duty to air the other side and correct substantive errors promptly. (Section 6.5)
- Any media columnist, commentator, announcer, reporter, on-air correspondent, or personality who is a candidate or campaign volunteer, or employed or retained for any capacity by a candidate or political party is deemed resigned if required by the employer, or must take a leave of absence during the campaign period; however, party officials or campaign staff officials must not use their time or space to favor any candidate or political party. (Section 6.6)
- No movie/cinematograph/documentary portraying the life or biography of a candidate may be publicly exhibited in a theater, television station, or any public forum during the campaign period. (Section 6.7)
- No movie/cinematograph/documentary portrayed by an actor or media personality who is himself/herself a candidate may be publicly exhibited in a theater or any public forum during the campaign period. (Section 6.8)
COMELEC procurement of free and purchased access
- COMELEC shall procure print space by paying just compensation from at least three (3) national newspapers of general circulation where candidates for national office can announce candidacies. (Section 7.1)
- The print space must be allocated free of charge equally and impartially among all candidates for national office on three (3) different calendar days:
- First day within the first week of the campaign period;
- Second day within the fifth week;
- Third day within the tenth week. (Section 7.1)
- COMELEC shall also procure free airtime from at least three (3) national television networks and three (3) national radio networks, allocated free of charge equally and impartially among all candidates for national office on three (3) different calendar days within the same campaign-week windows (first week, fifth week, tenth week). (Section 7.2)
- 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. (Section 7.3)
- Presidential debates must be scheduled on three (3) different calendar days:
- First debate within the first and second week of the campaign period;
- Second debate within the fifth and sixth week;
- Third debate within the tenth and eleventh week. (Section 7.3)
- The sponsoring television or radio network may sell airtime for commercials and advertisements to interested advertisers and sponsors, while COMELEC shall promulgate rules and regulations for holding such debates. (Section 7.3)
COMELEC space and time by locality
- 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. (Section 8)
- If the newspaper is absent, publication shall be done in another magazine or periodical in the province or city known as “COMELEC Space.” (Section 8)
- If the broadcasting station/entity is absent, broadcasting shall be done in any radio or television station in the province or city known as “COMELEC Time.” (Section 8)
- COMELEC time is allocated free of charge, while COMELEC space is allocated upon payment of just compensation. (Section 8)
- COMELEC time and space must be utilized exclusively by COMELEC for public information dissemination on election-related concerns. (Section 8)
Posting campaign materials and poster areas
- COMELEC may authorize political parties and party-list groups to erect common poster areas in not more than ten (10) public places (such as plazas, markets, barangay centers, and similar places) where candidates can post/display/exhibit election propaganda. (Section 9)
- Common poster area size must not exceed twelve (12) by sixteen (16) feet or its equivalent. (Section 9)
- Independent candidates with no political parties may be authorized to erect common poster areas in not more than ten (10) public places with size not exceeding four (4) by six (6) feet or its equivalent. (Section 9)
- Candidates may post lawful propaganda material in private places with the owner’s consent and in public places or property that is allocated equitably and impartially among candidates. (Section 9)
Right to reply and broadcast parity
- All registered parties and bona fide candidates have the right to reply to charges published against them. (Section 10)
- The reply must be given publicity by the newspaper, television, and/or radio station that first printed or aired the charges, with the same prominence, or in the same page/section, or in the same time slot as the first statement. (Section 10)
Discounted political advertising rates
- During the election period, media outlets must charge registered political parties and bona fide candidates discounted rates 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. (Section 11)
Substitution rule for ballots and stray votes
- If valid substitutions occur after official ballots have been printed, votes cast for substituted candidates are treated as stray votes but do not invalidate the entire ballot. (Section 12)
- Official ballots must provide spaces where voters can write the name of substitute candidates when voting for the substituted candidates. (Section 12)
- The substitution write-in rule does not apply if the substitute candidate has the same family name as the original candidate. (Section 12)
COMELEC rulemaking and election offense liability
- COMELEC must promulgate and furnish all political parties and candidates and mass media entities with rules and regulations for implementing the Act consistent with Article IX-C, Section 4 of the Constitution and Section 86 of the Omnibus Election Code (Batas Pambansa Blg. 881). (Section 13)
- COMELEC rules and regulations issued under this authority take effect on the seventh day after publication in at least two (2) daily newspapers of general circulation. (Section 13)
- Before the COMELEC rules and regulations take effect, no political advertisement or propaganda for or against any candidate or political party may be published or broadcast through mass media. (Section 13)
- Violations of the Act and of COMELEC implementing rules are election offenses punishable under the first and second paragraphs of Section 264 of the Omnibus Election Code (Batas Pambansa Blg. 881). (Section 13)
Repeal, separability, and operative consequences
- Sections 67 and 85 of the Omnibus Election Code (Batas Pambansa Blg. 881) are repealed. (Section 14)
- Sections 10 and 11 of Republic Act No. 6646 are repealed. (Section 14)
- As a consequence, the first proviso in the third paragraph of Section 11 of Republic Act No. 8436 is rendered ineffective. (Section 14)
- All laws, presidential decrees, executive orders, rules and regulations, or parts thereof inconsistent with the Act are repealed or modified or amended accordingly. (Section 14)
- If any provision or part of the Act is held invalid or unconstitutional, the remainder remains in full force and effect. (Section 15)