3. Lawful and Prohibited Election Propaganda (RA 9006, as amended by RA 11207)

Valid Forms of Campaigning:

• 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.
• Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate.
• Making speeches, announcements or commentaries or holding interviews for or against the election of any candidate for public office.
• Publishing or distributing campaign literature or materials designed to support/oppose the election of any candidate.
• Directly or indirectly soliciting votes, pledges, or support for or against a candidate.
• Advertisements.

The stated conclusion that Penera was liable for premature campaigning requires owner check: it was reversed on reconsideration. The Court granted reconsideration and set aside Penera’s disqualification. Under Sec. 15 of RA 8436, as amended by RA 9369, a person who files a certificate of candidacy is considered a candidate only at the start of the campaign period. (Penera v. COMELEC, G.R. No. 181613, Resolution dated November 25, 2009).

Prohibited Means of Raising Funds:

Prohibited campaign fund-raising:

From the commencement of the election period through election day, the following activities may not be held to raise funds for an election campaign or support a candidate:

• Cinematographic, theatrical or other performances
• Cockfights
• Lotteries
• Boxing Bouts
• Bingo
• Beauty Contests
• Entertainment and games
• Dances

Lawful Election Propaganda – [R.A. No. 9006](/3742e35dfe794d048771cce93e3bb0b3?pvs=25)

Lawful Election Propaganda

• Letters
• Written and printed materials (8.5 in. x 14 in.)
• Posters (up to 2 ft. x 3 ft.) in designated common poster areas or on private property with the owner's consent, subject to applicable election rules
• Rally streamers (3 ft. x 8 ft.)
• Use of gadgets and billboards
• Paid advertisements in print or broadcast media.

Updated: RA 9006’s election-propaganda restrictions on candidates and political parties do not automatically extend to private, non-candidate speech (St. Anthony College of Roxas City, Inc. v. COMELEC, G.R. No. 258805, 10 October 2023).

Election Surveys

The names of those who commission or pay for election surveys, including subscribers of survey firms, must be disclosed pursuant to Section 5.2(a) of the Fair Election Act. This requirement is a valid regulation in the exercise of police power and affects the constitutional policy of “guaranteeing equal access to opportunities for public service” and neither curtails petitioners’ free speech rights nor violates the constitutional proscription against the impairment of contracts. (Social Weather Stations, Inc. et al v. COMELEC, G.R. No. 208062, 2015).

When published, the tendency of election surveys to shape voter preferences comes into play. In this respect, published election surveys partake of the nature of election propaganda. It is then declarative speech in the context of an electoral campaign properly subject to regulation.

While Resolution No. 9674 does regulate expression (i.e., petitioners’ publication of election surveys), it does not go so far as to suppress desired expression. There is neither prohibition nor censorship specifically aimed at election surveys. The freedom to publish election surveys remains. All Resolution No. 9674 does is articulate a regulation as regards the manner of publication, that is, that the disclosure of those who commissioned and/or paid for, including those subscribed to, published election surveys must be made.

Rules on Election Propaganda:

• All registered parties and bona fide candidates shall have the right to reply to charges published against them.
• No movie, cinematograph, documentary portraying the life or biography of a candidate shall be publicly exhibited in a theatre, TV stations, or any public forum during the campaign period.
• No movie, cinematograph, documentary portrayed by an actor or media personality who is himself a candidate shall be publicly exhibited in theatre, TV station or any public form during the campaign period.
• All mass media entities shall furnish the COMELEC with copies of all contracts for advertising, promoting, or opposing any political party or the candidacy of any person for public office within 5 days after its signing.
• Any media personality who is a candidate or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employer, or shall take a LOA from his work as such during the campaign period.

Invalid Forms of Campaigning:

• Display of campaign materials outside authorized common poster areas in public places or private places without the consent of the owner.
• Non-removal of premature campaign materials within 3 days from notice
• Print, publish or broadcast election propaganda donated to a candidate without the written acceptances of the candidate.
• Foreign intervention
• Campaigning outside the campaign period
• Removal or destruction of lawful propaganda
• Removal, confiscation or destruction of prohibited propaganda other than by COMELEC or its deputized officers
• Written or broadcast materials that do not bear the inscription: “political advertisement paid for” and name/address of benefiting the candidate or party
• Advertisements beyond the allotted time and space
• Giving voters free transportation, food, or drinks to influence their votes during or within five hours before or after a public meeting, or on the day preceding election day or on election day. (Omnibus Election Code, Sec. 89)
• Movie or video on candidate
• Cinematography or documentary portraying life or biography of the candidate

NOTE: The posting of election campaign material on vehicles used for public transport or transport terminals is not only  a form of political expression, but also an act of ownership - it does not inherently regulate the franchise or permit to operate the PUV or transport terminal, subject to legitimate safety-related operational regulation. (1-United Transport Koalisyon; 1-Utak v. COMELEC, G.R. 206020, 2015).

NOTE: A duty to remove unlawfully posted materials is distinct from liability for premature campaigning. Failure to remove materials does not, by itself, establish premature campaigning: a person who files a certificate of candidacy becomes a candidate only at the start of the campaign period. (Penera v. COMELEC, G.R. No. 181613, Resolution dated November 25, 2009; RA 8436, Sec. 15, as amended by RA 9369).

Limitations on Expenses and Prohibited Contributions

> Section 13. Authorized Expenses of Candidates and Political Parties. - The aggregate amount that a candidate or registered political party may spend for election campaign shall be as follows:

(a) For candidates. - Ten pesos (P10.00) for President and Vice-President; and for other candidates Three Pesos (P3.00) for every voter currently registered in the constituency where he filed his certificate of candidacy: Provided, That a candidate without any political party and without support from any political party may be allowed to spend Five Pesos (P5.00) for every such voter; and (b) For political parties. - Five pesos (P5.00) for every voter currently registered in the constituency or constituencies where it has official candidates.

Any provision of law to the contrary notwithstanding any contribution in cash or in kind to any candidate or political party or coalition of parties for campaign purposes, duly reported to the Commission shall not be subject to the payment of any gift tax.

Updated: COMELEC may not automatically apply RA 9006’s candidate-and-party propaganda restrictions to private, non-candidate election speech (St. Anthony College of Roxas City, Inc. v. COMELEC, G.R. No. 258805, 10 October 2023).