IRR of the Fair

Elections Act
Resolution No. 10049
Quick Notes
What is an Election Campaign?
It refers to an act designed to promote the
election or defeat of a particular candidate
or candidates to a public office.
Examp
le:
Forming organizations, associations or clubs for
the purpose of soliciting votes and/or
undertaking any campaign for or against a
candidate;
Holding caucuses, conferences, meetings,
rallies or parades for the purpose of soliciting
votes and/or undertaking any campaign or
propaganda for or against a candidate; and
Making speeches announcements or
commentaries, or holding interviews for or
against the election of any candidate for public
office.
What is a Political Advertisement?
Any matter broadcasted, published,
printed, displayed or exhibited, in any
medium, which contains the name,
image, logo, brand, insignia, color motif,
initials and other symbol or graphic
representation with a candidate or party,
and is exclusively intended to draw the
attention of the public or segment
thereof to promote or oppose, directly or
indirectly, the election of the said
candidate or candidates to a public
office.
When is the campaign period?

Elective Start End

Office
Candidates for
President, Vice- February 9, 2016 May 7, 2016
President, Senator & (Tuesday) (Saturday)
Party-list groups
participating in the
party-list system of
representation.
Candidates for the
Members of the House March 25, 2016 May 7, 2016
of Representatives, (Friday) (Saturday)
regional, provincial,
city and municipal
officials.
Prohibited Campaigning

Maundy Thursday (March 24,

2016)
Good Friday (March 25, 2016)
Eve of Election Day (May 8,
2016)
Election Day (May 9, 2016)
Take Note:

It is unlawful for any foreigner, whether juridical

or natural person, to directly or indirectly aid any
candidate, or political party, organization or coalition,
or to take part in, or influence in any manner, any
election, or to contribute or make any expenditure in
connection with any election campaign or partisan
political activity. (Section 4)
Authorized expenses of Candidates &
Parties:
Candidate or Party Amount
President and Vice-President Ten pesos (P10.00) for every registered
voter;
Other candidates Three pesos (P3.00) for every voter
currently registered in the constituency
where the candidate filed his certificate
of candidacy;
Candidates under the above paragraph Five pesos (P5.00) for every voter
(b) without any political party and currently registered in the constituency
without support from any political where the candidate filed his certificate
party of candidacy;
Political parties and partly-list groups Five pesos (P5.00) for every voter
currently registered in the constituency
or constituencies where it has official
candidates.
Lawful Election Propaganda:
Pamphlets, leaflets, cards, decals, stickers or other
written or printed materials which shall not exceed 8
inches in width and 14 inches in length;
Posters made of cloth, paper, cardboard or any other
material, whether framed or posted, which shall not
exceed 2 feet by 3 feet;
Streamers not exceeding 3 feet by 8 feet, displayed at
public meeting or rally, provided that said streamers may
be displayed 5 days before the date of the meeting or
rally and shall be removed within 24 hours after said
meeting or rally;
Paid advertisements in print or broadcast media shall
comply to the requirements set forth in Section 4 of
Resolution No. 10049 and the Fair Elections Act;
Lawful Election Propaganda: (cont.)
Lawful election paraphernalia may be displayed in the
headquarters or residences of candidates except banners
or streamers referred to in paragraph (d) Section 6 of
Resolution No. 10049
REMEMBER:

Parties and candidates are only

encouraged to use recyclable and
environment-friendly materials;
They are required to indicate in their
printed campaign materials the phrase This symbol shall be
considered as a substantial
This material should be recycled compliance
Where is the posting, display or
exhibit of election campaign
propaganda or material prohibited?
General Rule: EVERYWHERE!

Except: Authorized Common Poster Areas

(CPA); and on private property, with the
consent of the property owner.
Prohibited forms of Election
Propaganda:
Who are liable for posting campaign
materials outside the designated Common
Poster Areas or on private property
without the consent
Persons posting of the owner?
on unauthorized places shall be
liable together with the candidates and
other persons who caused the posting.

There is a presumption that the candidates and

parties caused the posting outside the CPA if they
do not remove the same within 3 days from notice
issued by the Election Officer of the City or
Municipality where the election propaganda is
posted or displayed.
What is a Common Poster Area?
A common poster area (CPA) is the area wherein
parties and independent candidates, may, upon
authority of the COMELEC, through the City or
Municipal Election Officer, post, display, or
exhibit their election propaganda.
Rules when a Party or Independent
Candidate applies for a Common Poster
Area:
Parties and Independent Candidates shall file their
application with the Officer of the City or Municipal
Election Officer within 5 days from the effectivity of
Resolution No. 10049;
The Election Officer shall act on the application within 3
days from receipt of the application;
Any party or independent candidate aggrieved by the
action of the Election Officer on their application may
appeal within 2 days from receipt of the Order of the
Election Officer;
The Provincial Election Supervisor or Regional Election
Director concerned shall decide the appeal within 2 days
from receipt of the appeal and shall furnished copies to
the parties and to the Law Dept. of COMELEC. The
Areas allowed as Areas not allowed
Common Poster as Common
Area:
The Election Officer Poster
An Area:Officer
Election
shall allow selected shall not designate as
public places such as common poster areas
plazas, markets, any trees, plants,
barangay centers and shrubs located along
the like, where posters public roads, in plazas,
may be readily seen or parks, school premises
read, and with the or in any other public
heaviest pedestrian grounds. Any violations
and/or vehicular traffic shall be punishable as
in the city or an election offense.
municipality.
Common Poster Area for Party-list Groups,
Organizations and/or Coalitions:
The CPA for party-list groups, organizations and/or
coalitions shall be allocated at the ratio of 1 CPA for
every 32 party-list groups organizations and/or
coalitions;
In case of less than 32 party-list groups organizations
and/or coalitions, the Election Officer shall reduce the
size of the CPA depending on the total number of
applicants, provided each groups is entitled to 2 feet by
3 feet poster;
In case of more than 32 party-list groups organizations
and/or coalitions, the Election Officer shall determine the
appropriate number and size of CPA to equitably
accommodate the total number of applicants, provided
Rules on Peaceful Political meetings,
Rallies and other similar activities:
Any Political Party or Candidate , individually or jointly with other
aspirants, subject to the requirements of local ordinances on the
issuance of permits;
Notification must be given to the Election Officer beforehand;
The application shall be filed to any authorized city or municipal
official who shall acknowledge the receipt in writing;
The Official who received the application shall submit it to the
Election Officer concern;
3 days after the filing, the local authority concerned shall act in
writing on said concern;
An application shall be denied only on the ground that a prior
written application by another candidate has been approved;
Decision of the local authority may be appealed to the PES or to
the RED (for NCR), who shall decide within 48 hours after filing.
Their decision is final.
Rules on
Headquarters:
Every registered political party, sectoral organization or
coalition participating in the party-list system or candidate
may be allowed to establish a limited number of
headquarters.
Registered party with National 1 headquarter in each province or
constituency and National candidate highly urbanized city
Registered political party with Regional 1 headquarter in each province or
constituency highly urbanized city in the region
Registered political party with 1 headquarter in each municipality
Provincial constituency and a Provincial
candidate

Congressional candidates 1 headquarter in the district they seek

to represent; if composed of several
municipalities they may be allowed 1
HQ/municipality
City Candidates 1 headquarters per councilor district
 Municipal candidates 1 headquarters for the entire
municipality

Lawful election propaganda may be displayed at the

headquarters subject to the limitations provided by this
Resolution.
Only 1 signboard, not exceeding 3x8 ft., identifying the
place as the headquarters of the party or candidates is
allowed to be displayed.
Prohibited acts during Public Meetings:
For any candidate, party or any person to give or
accept, directly or indirectly, transportation, food
and drinks, or anything of value during and
within the 5 hours before and after a public
meeting, rally or other political activity; or
Contribute, directly or indirectly, money or things
of value for such purpose.
Can Election Propaganda be donated
or given free of charge?
YES, provided that:
There is a written acceptance from the candidate or
party; and
Campaign materials shall bear the words printed free
of charge or airtime for this broadcast was given free
of charge by followed by the true and correct name
As to the
and candidates,
address they media
of the mass are required
entity. to:
Disclose the contributors/donors of the campaign
materials and shall bear the reasonably legible and
audible words Political advertisements paid by,
followed by the true and correct name and address of
the payor.
MASS MEDIA are not allowed to:
Sell or give free of charge print or
advertising space or airtime for
campaign purposes to any candidate in
excess of the size, duration or
frequency authorized by law. in
LIABILITIES case of
violation:
Mass media entity shall be
criminally liable with the
candidate for violating the
prohibited forms of election
propaganda, and if applicable,
subject to further suspension
or revocation of franchise or
permit in accordance with law.
AIRTIME that a candidate or party may use
for their broadcast advertisements:
For Candidates/Registered Not more than a total of 120 minutes of
Political parties for a National television advertising, on a per originating
Elective Position station basis, whether appearing on
national, regional, or local, free or cable
television, and 180 minutes of radio
advertising, on a per originating station
basis, whether airing on national,
regional, or local radio whether by
purchase or donation.
For Candidates/Registered Not more than 60 minutes of television
Political parties for Local advertising, on a per originating station
Elective Position basis, whether appearing on national,
regional, or local, free or cable television,
and 90 minutes of radio advertising, on a
per originating station basis, whether
airing on a national, regional, or local
radio, whether by purchase or donation.
What if two or more candidates or parties
appear in the same political advertisement?

In cases where two or more candidates or parties whose

names, initials, images, brands, logos insignias, color
motifs, symbols, or forms of graphical representations are
displayed, exhibited, used, or mentioned together in the
broadcast election propaganda or advertisements, the
length of time during which they appear or are being
mentioned or promoted will be counted against the airtime
limits allotted for the said candidates or parties.
How will the respective expenditure of
individual candidates, groups of candidates
or parties mentioned or promoted in the
same political advertisement, be computed?

The cost of the length of time during which individual

candidates, groups of candidates, or parties appear or are
being mentioned or promoted, shall be computed as a
fraction of the total cost of the advertisement, and such
fraction of the total cost of the advertisement, and such
fraction shall be considered their respective expenditures,
to be deducted from the total cost of the advertisement.

The balance shall be counted against the expenditure

limits of whoever paid for the advertisement or to whom
What is the maximum size of print
advertisements for National and Local
Elective candidates or parties?
In In tabloids:
Broadsheets: page
page
What are the other rules on print
advertisement?
Two or more candidates, political parties, or party-list
organizations may cause the publication of coordinated
print advertisements, featuring more than one
candidate, political party, or party-list organization;
The cost of coordinated print advertisement shall be
pro-rated among candidates, political parties, or party-
list organizations appearing in each advertisement, and
shall be reported by them;
Print advertisements, whether procured by purchase or
given free of charge, shall not be published more than
three (3) times a week per newspaper, magazine, or
other publication during the campaign period.
 The requirements
required for printed,
published and
broadcast election
propaganda applies
to online
advertisement.
Shall not be
published more than
3x a week per
website
How shall print space and airtime
procured by COMELEC be allocated?
1st day Within the first week of the
campaign period
2nd day Within the fifth week of the
campaign period
3rd day Within the tenth week of the
campaign period

Print space and Airtime procured by

COMELEC shall be allocated free of charge
equally and impartially to all candidates for
National office.
Can the airtime procured by COMELEC
be used for any purpose?
NO. The COMELEC shall, through the
Regional Election Director (RED), or in the
case of NCR, the EID, also procure airtime
free of charge in at least 1 major
broadcasting station or entity in every
province or city which shall be known as
COMELEC Time. This shall be used for
public information dissemination or
election-related concerns.
To what purpose may the print space
procured by COMELEC be used?
The COMELEC shall, through the Regional
Election Director (RED), or in the case of
NCR, the EID, upon payment of just
compensation, procure print space in at
least 1 newspaper of general circulation in
the province or city which shall be known
as COMELEC Space. This shall be used
for public information dissemination or
election-related concerns.
Prepared by: Myraflor
Chavez
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