Campaign and Expenditures 1

Q: Define and distinguish referendum, plebiscite, initiative and recall.

A: Referendum refers to the power of the electorate to approve or reject legislation
through an election designed for that purpose.
A: Plebiscite is the electoral process whereby an initiative to amend the Constitution
is approved or rejected by the people. [Note: Initiatives are restricted only to
amendments]
A: Recall is a procedure by which voters can remove an elected official before
his/her term of office has ended.
Q: Distinguish regular election from special election.
A: A regular election is held every election period on the Month of May.
A: Special elections are held when election is delayed or there is vacancy in a public
office.
Q: Define election campaign
A: B.P. 881 Section 79 [b]
Q: When is the reckoning point for election campaign period?
A: 90 days before the day of election and 30 days after the day of election
Q: When does a person who has filed a certificate of candidacy become a
candidate?
A: According to Lanot v. COMELEC (2006), a person who has filed a certificate of
candidacy is not a candidate until the start of the campaign period
Q: Is premature campaigning or a partisan political activity conducted before
campaign period considered unlawful?
A: According to Perena case, NO.
Q: Explain the Perena case
BEFORE: election campaign before election campaign period is considered as
election offense.
NOW: election campaign before election campaign period is NO longer considered
as election offense
*The case distinguished candidate as for printing of ballots and as liable for an
election offense. For the latter, a candidate can be liable for an election offense only
during the campaign period and not before because, as rationalized, there is no
candidate in accordance with the ruling in Lanot v. COMELEC.
Q: What are the fixed periods for election campaign?
A: Political parties may hold political conventions or meetings to nominate their
official candidates within 30 days before the campaign period and 45 days for
presidential and vice-presidential election.
A: For president and vice-president, 120 days before the day of election.
A: For senatorial elections, 90 days before the day of election
A: For members of the House of Representatives and local elective officials, 45 days
before the day of election.
A: However, election campaign period shall not include the day before and the end
of Election Day itself. Holy Thursday and Good Friday is also not included in the
campaign period.

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Note: R.A. 7056 has an update timetable which repeals or amends the timetable in
B.P. 881
Q: Enumerate lawful election propagandas?
A: R.A. 9006 has an updated list of lawful election propaganda
Q: Can the COMELEC restrict posting of election propagandas only to areas
authorized by them?
A: According to Adiong v. COMELEC (1992), NO.
Q: Does the COMELEC possess the power of eminent domain?
A: According to PPI v. COMELEC (1995), NO. But According to R.A. 9006 (2001) YES.
Q: Are foreigners allowed to participate in a partisan political activity or aid political
parties or candidates?
A: No. Foreigners are prohibited from such.
Q: What are the requirements of published, printed, or broadcasted election
propaganda?
A: Shall bear the words, political advertisement paid for, followed by the true and
correct name of the candidate or party whom is to be benefited.
A: If broadcast is made free-of-charge, airtime for this broadcast was provided free
of charge, followed by the true and correct name of broadcast entity.
A: Print, broadcast, or outdoor advertisement donated to a candidate or political
party shall not be published or broadcast or exhibited without the consent of the
candidate or political party.
Q: What are unlawful election propagandas?
A: R.A. 9006 has repealed Section 85 of OEC pertaining to unlawful election
propagandas but the COMELEC may still regulate items listed under section 85 as
recently done in Resolution 7838. Examples are propaganda gadgets, athletic good
and materials, and shits bearing the name of candidate or political party.
Q: When may election propaganda materials be removed?
A: According to COMELEC resolution 8758, only when they are offensive to public
morals, libelous, illegal, prohibited, subversive or irrelevant to the election issues.
Q: Who may remove election propagandas considered as offensive to public morals,
libelous, illegal, prohibited, subversive or irrelevant to the election issues?
A: After hearing, ex parte and/or motu proprio, the COMELEC may order its task
force under COMELEC Resolution 8758, to remove such election propagandas.
Q: What are the requirements/limitations on the use of propaganda on mass media?
(C.R. 7383)
A: For candidates/registered political parties for National Elective Position, 120
minutes for T.V. and 160 minutes for Radio.
A: For candidates/registered political parties for Local Elective Position, 60 minutes
for T.V. and 120 minutes for Radio

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Q: Define COMELEC Space?
A: Procurement of space in a newspaper or publication wherein candidates can
announce their candidacy. Said space shall be allocated free of charge equally and
impartially by the Commission among all candidates within the area in which the
newspaper is circulated.
Q: Define COMELEC Time?
A: Procurement of television and radio time which shall be allocated equally and
impartially among the candidates within the area of coverage.
Q: What is required on the part of COMELEC to procure COMELEC Time and/or
Space?
A: Payment of just compensation.
Q: Explain the Right to Reply and What Law Provides It
A: Under R.A. 9006, all registered and bona fide candidates shall have the right to
reply to charges published against them. The reply shall be given publicly by the
newspaper, television, and/or radio station.
Q: Can COMELEC suspend or cancel a radio or television franchise (permit to
operate)?
A: No. R.A. 9006 Section 6.4.
Q: What is the effect if a candidate is a mass media columnist, commentator,
announcer, reporter, on-air correspondent or personality?
A: He shall be deemed resigned or if allowed by the employer, shall take a leave of
absence from his/her work during the campaign period.
Q: Explain the case in SWW v. COMELEC (2001)
A: Section 5.4. of R.A. 9006, barring publication of surveys 15 days for national
candidates before the day of election and 7 days for local candidates, was declared
unconstitutional on grounds that it restricts the right to free speech.
Q: What is required to conduct a political rally?
A: It must be done during the campaign period (B.P. 881 Sec. 47)
A: It must be peaceful (B.P. 881 Sec. 47)
A: Must comply with permits from local ordinances (B.P. 881 Sec. 47)
A: Notify the election registrar and within seven working days, submit to the
registrar a statement of expenses incurred in connection therewith
Q: What items or acts are prohibited according to B.P. 881?
A: To give or accept, free of charge, directly or indirectly, transportation, food, drinks
or other things of value during the five hour period during or before a public
meeting, on the day preceding the election, and on the day of the election.
A: To give or contribute, directly or indirectly, money or things of value for such
purpose.
A: No candidate, [his or her spouse or any relative within the second degree of
consanguinity or affinity] or [his campaign manager, agent or representative], shall
during the campaign period make any donation, contributions, of gifts in cash or in

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kind or undertake the construction of structures for public use or for the use of
religious or civic organizations.
Q: Whom are prohibited from contributing?
A: Public and Private Institutions. However, loans are allowed.
A: Natural and juridical persons operating a public utility
A: Natural and juridical persons who hold contracts or sub-contracts to supply the
government or any of its divisions, subdivisions or instrumentalities
A: Natural or juridical persons who have been granted franchises, incentives,
exemptions
A: Natural or juridical persons who one year prior to the date of election, have been
granted loans or other accommodations in excess of P100,000.00 by the
government.
A: Foreigners and foreign corporation
A: Officials or employees from the CSC or member of AFP