CAMPAIGN Flashcards
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 which shall include:
1. Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate
2. Holding political caucuses, conferences, meetings, rallies, parades, or othersimilar assemblies, for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate
3. Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office
4. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or
5. Directly or indirectly soliciting votes, pledges or support for or against a candidate (Sec. 79, B.P. 881 Omnibus Election Code).
Discuss the period of campaign
- Presidential and Vice presidential election – 90 days;
- Election of members of the Congress and local election – 45 days;
- Barangay Election – 15 days
- Special election under Art. VIII, Sec. 5(2) of the Constitution – 45 days
The campaign periods shall not include the day before and the day of the election (Sec. 3 OEC)
What is the rule against premature campaigning?
It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period. (Sec. 80, B.P. 881).
The use of lawful election propaganda under the Fair Elections Act is subject to the supervision and regulation by the COMELEC in order to prevent premature campaigning and to equalize, as much as practicable, the situation of all candidates by preventing popular and rich candidates from gaining undue advantage in exposure and publicity on account of their resources and popularity. (Chavez v. COMELEC, G.R. No. 162777, August 31, 2004)
Petitioner Penera and respondent Andanar ran for mayor of Sta. Monica, Surigao Del Norte during the May 14, 2007 elections. Penera’s political party held a motorcade preceding the filing of her certificate of candidacy announcing her candidacy for mayor. Because of this, Andanar filed a petition to disqualify Penera for engaging in premature campaigning in violation of Sec.80 and 68 of the Omnibus Election Code. Does the act of campaigning for votes immediately preceding the filing of certificate of candidacy violate the prohibition against premature campaigning?
The campaign period for local officials begin on 30 March 2007 and ends on 12 May 2007. Penera filed her certificate of candidacy on 29 March 2007. Penera was thus a candidate on 29 March 2009 only for purposes of printing the ballots under Sec.11 of R.A. 8436. On 29 March 2007, the law still did not consider Penera a candidate for purposes other than the printing of ballots. Acts committed by Penera prior to 30 March 2007, the date when she became a “candidate,” even if constituting election campaigning or partisan political activities, are not punishable under Section 80 of the Omnibus Election Code. Such acts are within the realm of a citizen’s protected freedom of expression. Acts committed by Penera within the campaign period are not covered by Section 80 as Section 80 punishes only acts outside the campaign period.
In layman’s language, this means that a candidate is liable for an election offense only for acts done during the campaign period, not before. The law is clear as daylight — any election offense that may be committed by a candidate under any election law cannot be committed before the start of the campaign period. (Penera v. COMELEC, G.R. No. 181613, Nov. 25, 2009)
When can a person be considered a candidate?
A candidate refers to any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment or coalition of parties. However, it is no longer enough to merely file a certificate of candidacy for a person to be considered a candidate because “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 person may thus file a certificate of candidacy on any day within the prescribed period for filing a certificate of candidacy yet that person shall be considered a candidate, for purposes of determining one’s possible violations of election laws, only during the campaign period. (Penera v. COMELEC, G.R. No. 181613, Nov. 25, 2009)
What are considered as lawful election propaganda?
- Written printed materials (does not exceed 8 ½ in. width by 14 in. length)
- Handwritten/printed letters
- Posters (not exceeding 2 x 3 ft.). However, a public meeting or rally, at the site and on the occasion of a public meeting or rally, may be displayed five (5) days before the date of rally but shall be removed within 24 hours after said rally
- Print ads – ¼ page in broadsheets and ½ page in tabloids thrice a week per newspaper, magazine or other publication during the campaign period;
- Broadcast media (i.e. TV and radio)
- All other forms of election propaganda not prohibited by the Omnibus Election Code or this Act. (Sec. 3, R.A. No. 9006)
ToF. Campaign may compel newspapers to provide free space for ads on election dos and donts.
FALSE. COMELEC cannot compel newspapers of general circulation to donate free print space as COMELEC space without payment of just compensation. Such compulsion amounts to taking; hence, it is an exercise of eminent domain and not of police power (Philippine Press Institute v. COMELEC, G.R. No. 119694, May 22, 1995). The payment of just compensation is now expressly provided under sec. 7 of the Fair Elections Act.
ToF. Campaign may compel TV Statations to provide free airtime for ads on election dos and donts.
True. However, all broadcasting stations, whether by radio or television stations, which are licensed by the government, do not own the airways and frequencies; they are merely given the temporary privilege of using them. A franchise is a privilege subject to amendment, and the provision of BP 881 granting free airtime to the COMELEC is an amendment of the franchise of radio and television stations (Telecommunications and Broadcast Attorneys of the Philippines v. COMELEC, G.R. No. 132922, Apr. 21, 1998). Payment of just compensation is not necessary since it is a valid exercise of police power.
A COMELEC resolution provides that political parties supporting a common set of candidates shall be allowed to purchase jointly air time and the aggregate amount of advertising space purchased for campaign purposes shall not exceed that allotted to other political parties or groups that nominated only one set of candidates. The resolution is challenged as a violation of the freedom of speech and of the press. Is the resolution constitutionally defensible? Explain.
Yes, the resolution is constitutionally defensible. Under Sec. 4, Art. IX‐C of the 1987 Constitution, during the election period the COMELEC may supervise or regulate the media of communication or information to ensure equal opportunity, time, and space among candidates with the objective of holding free, orderly, honest, peaceful, and credible elections. To allow candidates who are supported by more than onepolitical party to purchase more air time and advertising space than candidates supported by one political party only will deprive the latter of equal time and space in the media.
Alternative Answer: No. Although the expenditure limitation applies only to the purchase of air time, thus leaving political parties free to spend for other forms of campaign, the limitation nonetheless results in a direct and substantial reduction of the quantity of political speech by restricting the number of issues that can be discussed, the depth of their discussion and the size of the audience that can be reached, through the broadcast media.
Since the purpose of the Free Speech Clause is to promote the widest possible dissemination of information, and the reality is that to do this requires the expenditure of money, a limitation on expenditure for this purpose cannot be justified, not even for the purpose of equalizing the opportunity of political candidates. (Gonzalez v. COMELEC, G.R. No. L‐28783, Apr. 18, 1969)
What are included as electoral contributions and expenditures?
- A gift
- Donation
- Subscription
- Loan
- Advance or deposit of money or anything of value
- A contract, promise or agreement of contribution, whether or not legally enforceable
- Use of facilities voluntarily donated by other persons, the money value of which can be assessed based on the rates prevailing in the area
- Made for the purpose of influencing the results of the elections
Note: Does not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party. (Sec. 94, OEC)
What are prohibited contributions?
Those made directly or indirectly by any of the following:
1. Public or private financial institutions (except loans to a candidate or political party)
2. Public utilities or those exploiting natural resources of the nation
3. Persons with contracts to supply the government with goods or services or to perform construction or other works
4. Grantees of franchises, incentives, exemptions, allocations, or similar privileges or concessions by the government
5. Persons who, within one year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000 by the government
6. Educational institutions which have received grants of public funds not less than P100,000
7. Officials or employees in the Civil Service or members of the Armed Forces of the Philippines; and
8. Foreigners and foreign corporations. (Sec. 95, B.P. 881 Omnibus Election Code)
What are prohibited means of raising funds?
1.
Holding any of the following activities:
a. Dances
b.Lotteries
c. Cockfights
d. Games
e. Boxing bouts
f. Bingo
g.Beauty contests
h.Entertainments
i.Cinematographic, theatrical, or other performances for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to an election day.
2.It shall also be unlawful for any person or organization to solicit and/or accept from any candidate for public office any gift, food, transportation, contribution or donation in cash or in kind form the commencement of the election period and including election day, except normal and customary religious stipends, tithes, or collections. (Sec. 97, OEC)
What are lawful expenditures?
- F
or traveling expenses - C
ompensation of campaigners, clerks, stenographers, messengers and other persons actually employed in the campaign - Telegraph and telephone tolls, postage, freight and express delivery charges
- Stationery, printing and distribution of printed matters relative to candidacy
- Employment of watchers at the polls
- Rent, maintenance and furnishing of campaign headquarters, office or place of meetings
7.
Political meetings or rallies
8.
Advertisements
9.
Employment of counsel, the cost of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred
10
. Copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the lists, the cost of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred
11
. Printing sample ballots, the cost of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred. (Sec. 102, B.P. 881 Omnibus Election Code)
What are the limitations on expenses for the candidates and political parties?
- For candidates
a. President and Vice‐President – P10/voter
b. Other candidates, if with party – P3/voter
c. Other candidates, if without party – P5/voter - For political parties – P5/voter (COMELEC Resolution No. 8758)
What is a statement of contribution and expenses?
Every candidate and treasurer of the political party shall, within 30 days after the day of the election, file in duplicate with the offices of the COMELEC, the full, true and itemized statement of all contributions and expenditures in connection with the election. (Sec. 14, R.A. 7166)
Is the conduct of election survey prohibited?
No. The SC held that Sec. 5.4 of the Fair Election Act prohibiting publication of survey results 15 days immediately preceding a national election and 7 days before a local election violates the constitutional rights of speech, expression and the press because:
1. It imposes a prior restraint on the freedom of expression
2. It is a direct and total suppression of a category of expression and even though such suppression is only for a limited period; and
3.
The governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression (SWS v. COMELEC, G.R. No. 147571, May 5, 2001)
