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Fair Elections Act 2025 Nle

The document outlines the campaign rules established by the Commission on Elections (COMELEC) for the upcoming election period, including the campaign timelines and prohibitions on campaigning during specific dates. It details lawful and unlawful election propaganda, requirements for campaign materials, and the responsibilities of candidates regarding the removal of campaign materials. Additionally, it addresses the regulation of private expressions of political opinion and the limitations of COMELEC's authority over privately owned campaign materials.

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Alubijid Comelec
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0% found this document useful (0 votes)
93 views44 pages

Fair Elections Act 2025 Nle

The document outlines the campaign rules established by the Commission on Elections (COMELEC) for the upcoming election period, including the campaign timelines and prohibitions on campaigning during specific dates. It details lawful and unlawful election propaganda, requirements for campaign materials, and the responsibilities of candidates regarding the removal of campaign materials. Additionally, it addresses the regulation of private expressions of political opinion and the limitations of COMELEC's authority over privately owned campaign materials.

Uploaded by

Alubijid Comelec
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

CAMPAIGN

RULES

COMELEC Resolution No. 11086


- RA No. 9006, “Fair Election Act”
COMELEC Resolution No. 11064
- Use of Social Media, AI, and Internet Tech
COMELEC Resolution No. 11111
- Use of Environmentally Sustainable Propaganda
CANDIDATE
“Any person who files his
Certificate of Candidacy within the
filing period shall only be considered a
candidate at the start of the campaign
period for which he filed his Certificate
of Candidacy.”

“Any unlawful act or omission


applicable to a candidate shall take
CAMPAIGN PERIOD
11 FEBRUARY 2025 – 10 MAY 2025
 Senators and Party-list Groups

28 MARCH 2025 – 10 MAY 2025


 Members of the House of Representatives
and elective provincial, city, municipal officials
PROHIBITION ON CAMPAIGNING
 Unlawful to campaign on:
17 April 2025 (Maundy Thursday)
18 April 2025 (Good Friday)
11 May 2025 (eve of Election Day), and
12 May 2025 (Election Day)
ELECTION CAMPAIGN OR
PARTISAN POLITICAL ACTIVITY
Refers to an ACT designed to
promote the election or defeat
of a particular candidate or
candidates to a public office.
CAMPAIGN
PROPAGANDA
Things to consider:
 Kind
 Place
 Size
 Period
 Permit
CAMPAIGN
PROPAGANDA
Things to consider:
 Kind
 Place
 Size
 Period
 Permit
LAWFUL ELECTION
PROPAGANDA
(KIND)
 Pamphlets, leaflets, cards,
decals, stickers or other
written/printed materials
(8.5” x 14”)

 Posters made of cloth,


paper, cardboard or other
material, framed or posted
(2ft x 3 ft)
LAWFUL ELECTION
PROPAGANDA
Streamers or tarpaulins (3 ft x 8 ft)
(KIND)
 only on the occassion of public rally or
meeting (may be displayed 5 days
before, shall be removed after 24 hrs)

Paid advertisements in print or


broadcast media

use recyclable and environment


friendly materials

when the local government prohibits


the use of plastic and other similar
materials, parties and candidates must
comply
LAWFUL ELECTION
PROPAGANDA
(KIND)
 Mobile units, vehicle
motorcades, whether
engine/manpower driven
or animal drawn, with or
without sound
system/lights

 Outdoor and static or LED


billboards owned by
private entities or persons
OUTDOOR ADVERTISEMENTS

For Candidates/ Not more than 2 months of outdoor


Registered Political advertisement in either static or LED
parties for a
National Elective
billboard whether by purchase or donation.
Position
Not within a radius of 1 km from each other
For Candidates/ Not more than 1 month of outdoor
Registered Political advertisements in either static or LED
parties for a Local
Elective Position
billboards whether by purchase or donation.

Not within a radius of 500 meters from each


other
ADS IDENTIFICATION
 “political advertisement paid for” followed
by true and correct name and address of
candidate or party
 “political advertisement paid by” followed by
the true and correct name and address of payor
 “printed free of charge by” or “airtime for
this broadcast was provided free of charge
by” followed by the true and correct name and
address of publishing firm or broadcast entity
WRITTEN ACCEPTANCE

Election propaganda donated or contributed, shall


not be printed, published or broadcasted, unless
they are accompanied by WRITTEN ACCEPTANCE
by candidate or party, through party treasurer.

Written acceptance of the donated materials is


personal to the candidate or party treasurer and
cannot be delegated.
CAMPAIGN
PROPAGANDA
Things to consider:
 Kind
 Place
 Size
 Period
 Permit
CAMPAIGN
PROPAGANDA
Things to consider:

 Place
LAWFUL ELECTION
PROPAGANDA
(PLACE)

 Within the common


poster area

 Private Places with the


consent of the owner
COMMON POSTER AREAS
 may be erected by parties and independent
candidates with the authority of COMELEC in
every barangay
 in not more than 10 public places
 Plazas 5,000 registered voters 1 common poster
 Markets or less area
 Barangay For every increment of 1 additional common
centers 5,000 registered voters, poster area
or a fraction thereof,
thereafter
POSTING OF CAMPAIGN
MATERIALS
Persons posting
 outside designated CPA
 on private property without consent of
owner
 unlawful election propaganda or
 in other prohibited places

Shall be liable with the candidates and


parties who caused the posting
POSTING OF CAMPAIGN
MATERIALS
Presumption that candidates and parties
caused posting of campaign materials
outside CPA if they do not remove same
within 3 days from notice of the EO
COMMON POSTER AREAS
In cases where parties and candidates persist in
displaying, posting, or exhibiting campaign
materials on trees and plants, they shall be
prosecuted for violation of the rules

Without prejudice to institution of a criminal


complaint for violation of R.A. No 3571, June 21,
1963:
Act to prohibit the cutting, destroying or injuring of planted
or growing tree, flowering plants and shrubs or plants of scenic
PROHIBITED ELECTION
PROPAGANDA
(PLACE)
 Outside the common poster
area
 Public places
 Private places without the
consent of owner
 Does not follow with size
limitation
LAWFUL ELECTION
PROPAGANDA
(PLACE)
 NO POSTING of Campaign
Posters in PUBLIC PLACES
UNLESS in Designated Common
Poster Areas.

 Prohibition in the use of


Government Issued Vehicles
CAMPAIGN
PROPAGANDA
Things to consider:
 Kind
 Place
 Size
 Period
 Permit
CAMPAIGN
PROPAGANDA
Things to consider:

 Size
LAWFUL ELECTION
PROPAGANDA

(SIZE)
Pamphlets, leaflets, cards, decals,
stickers
8 ½” X 14”

 Posters made of cloth, paper,


cardboard or any other material,
whether framed or posted
2' x 3'

 Streamers displayed at the site and


on the occasion of a public meeting
or rally
3’ x 8’
TASK FORCE
BAKLAS
 TASK FORCE BAKLAS

 Chairperson – Election Officer


 Vice Chairperson – City /
Provincial Prosecutor
 Members – representative from
DPWH and DENR

Other agencies are deputized to


prevent, remove, destroy, confiscate
or tear down any prohibited
propaganda materials without partiality
REMOVAL OF ELECTION
PROPAGANDA
All prohibited forms of propaganda shall be
 immediately removed
 by candidate or party
 at least 72 hours from start of
campaign period
REMOVAL OF ELECTION
PROPAGANDA
 within 5 days after elections, parties
and candidates shall remove ALL
election propaganda at their own
expense
 non-performance of this obligation is
an election offense
 Candidates and parties are encouraged to
conduct activities for the purpose of
RALLIES

Requires permit from the LGU


 Shall act upon application within 3
days
 Inaction deemed approval

Denial ground: prior written application was


approved
RALLIES
Unlawful for any candidate, party or person to :
a. give or accept, free of charge, directly or
indirectly ---
 transportation
 food and drinks or
 anything of value

during & within 5 hours before/after meeting


OFFICIAL SOCIAL MEDIA ACCOUNTS, WEBSITES,
DIGITAL AND
INTERNET-BASED CAMPAIGN PLATFORMS OF
CANDIDATES
AND PARTIES
shall be duly registered with the EID,
-

COMELEC.

(Registration shall be made within thirty (30)


calendar days after the filing of the Certificates
of Candidacy until December 13, 2024.)
OFFICIAL SOCIAL MEDIA ACCOUNTS, WEBSITES,
DIGITAL AND
INTERNET-BASED CAMPAIGN PLATFORMS OF
CANDIDATES
AND PARTIES
Failure to register?

-The concerned candidate, political party/coalition party-


list organization, and their respective social media
campaign managers, and the covered private individuals
or entities, shall be required to explain why a
complaint for violation of the guidelines should not
be filed against them for their failure to register
their social media accounts.
Diocese of Bacolod v. Commission on Elections
G.R. No. 205728, July 5, 2016

+The COMELEC challenged the display of a tarpaulin by


the Diocese on the facade of the San Sebastian
Cathedral of Bacolod City, which labeled certain
senatorial candidates as either “Team Buhay” or “Team
Patay” based on their position on the Reproductive
Health Law.
Diocese of Bacolod v. Commission on Elections
G.R. No. 205728, July 5, 2016

+The notice and letter argued that the tarpaulin


constituted election propaganda and violated size
limitations set by election law. The Diocese contested
this characterization, arguing that their action was an
exercise of freedom of expression rather than election
propaganda.
Diocese of Bacolod v. Commission on Elections
G.R. No. 205728, July 5, 2016

ISSUE 1:

+Whether the tarpaulin displayed by the Diocese constitutes


election propaganda which may be regulated by the
COMELEC.
Diocese of Bacolod v. Commission on Elections
G.R. No. 205728, July 5, 2016
RULING:

+No. The tarpaulin was determined to be an expression of political


opinion rather than election propaganda, primarily advocating a stance
on a social issue without directly endorsing or opposing candidates.

+Election propaganda is intended to promote or oppose specific


candidates or parties, while political opinion focuses on broader
social or political issues.
Diocese of Bacolod v. Commission on Elections
G.R. No. 205728, July 5, 2016

ISSUE 2:

+Whether the COMELEC may regulate expressions made by


private citizens.
Diocese of Bacolod v. Commission on Elections
G.R. No. 205728, July 5, 2016
RULING 2:

+No. COMELEC may only regulate election materials and expressions


made by candidates and political parties.

+Petitioners are not candidates, neither do they belong to a political


party. COMELEC does not have the authority to regulate the
enjoyment of the preferred right to freedom of expression exercised
by a non-candidate.
St. Anthony College of Roxas City, Inc., vs.
COMELEC
G.R. No. 258805, Oct 10, 2023

+COMELEC Cannot Remove or Destroy


Privately-Owned Campaign Materials Displayed
on Private Property.
St. Anthony College of Roxas City, Inc., vs.
COMELEC
G.R. No. 258805, Oct 10, 2023
+St. Anthony College and other private persons were the owners and co-
owners of tarpaulins, posters, murals, and other materials displayed on
their premises, expressing support and soliciting votes for former Vice
President Maria Leonor Gerona Robredo, who was a candidate for
President in the May 9, 2022 National and Local Elections.

+The COMELEC confiscated and destroyed their campaign materials


pursuant to the COMELEC’s “Oplan Baklas” under Republic Act No.
9006 (RA 9006), or the Fair Election Act, and COMELEC Resolution No.
10730.
St. Anthony College of Roxas City, Inc., vs.
COMELEC
G.R. No. 258805, Oct 10, 2023
ISSUE:

+Whether the COMELEC’s power to regulate election


propaganda extends to privately owned and displayed election
paraphernalia.
St. Anthony College of Roxas City, Inc., vs.
COMELEC
G.R. No. 258805, Oct 10, 2023
RULING:

+NO. The Court held that RA 9006 only permits the COMELEC to
regulate the election propaganda owned by candidates and political
parties. It does not allow the COMELEC to regulate the political speech
of private persons on private property. While COMELEC may validly
implement “Oplan Baklas” against candidates and political parties, it
cannot implement “Oplan Baklas” against private individuals expressing
their political preferences or support for a candidate or political party.
THANK
YOU!!

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