10/13/2011Republic Act No. 9006 Fair Election Act Declaration of Principles • Supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of media of communication or information • To guarantee or ensure EQUAL OPPORTUNITY for public service • To assure free, orderly, honest, peaceful and credible elections 1 10/13/2011 Declaration of Principles • To ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination. Salient Points of R.A. 9006 • Lawful Election Propaganda • Requirements for Published or Printed and Broadcast Election Propaganda • Election Surveys • Equal Access to Media Time and Space • Posting of Campaign Materials • Substitution of Candidates • Authority of the COMELEC to Promulgate Rules; Election Offenses • Repealing Clause 2 10/13/2011 Lawful Election Propaganda • • • • • Television Cable Television Radio Newspapers Any other medium Limitations on Lawful Election Propaganda • In general: Authorized expenses of candidates (R.A. 7166, Election Spending) • Printed propaganda: Size (width, length); Place of posting • Broadcasted propaganda: Total length in minutes for the whole campaign period 3 10/13/2011 Requirements on Election Propaganda Television and Radio Advertisements Minutes Television Radio National Elective Candidate 120 180 Local Elective Candidate 60 90 Example. Manny Villar. Why Should There Be Limitations? • Case: Chavez vs. COMELEC (2004) • Facts: Frank Chavez was the endorser of different consumer brands. Large billboards having him as an endorser were erected along NLEX. He filed his CoC for Senator. COMELEC, by virtue of a resolution, ordered for all similar billboards be taken down due to the ongoing campaign period. 4 10/13/2011 Why Should There Be Limitations? • Issue: Could the COMELEC order for the taking down of these billboards? • Held: Yes. • Ratio: Its primary objectives are to prohibit premature campaigning and to level the playing field for candidates of public office, to equalize the situation between popular or rich candidates, on one hand, and lesser-known or poorer candidates, on the other, by preventing the former from enjoying undue advantage in exposure and publicity on account of their resources and popularity. Authority of COMELEC • Promulgate rules. • Impose penalties as a result of commission of election offenses. • Exercise police power. 5 10/13/2011 Authority of COMELEC • Chavez vs. COMELEC – The Court ruled that the COMELEC had the power to order the removal of the billboards (of Chavez). • Ratio: It was done in pursuance to the declaration of policy in R.A. 6009 – level playing field. Such is a valid reason for the exercise of police power. Repealing Clause Section 67 and 85 of the Omnibus Election Code (Batas Pambansa Bldg. 881) and Sections 10 and 11 of Republic Act No. 6646 are hereby repealed. As a consequence, the first proviso in the third paragraph of Section 11 of Republic Act No. 8436 is rendered ineffective. All laws, presidential decrees, executive orders, rules and regulations, or any part thereof inconsistent with the provisions of this Act are hereby repealed or modified or amended accordingly. 6 10/13/2011 Is the Repealing Clause a Valid “Rider”? • Fariñas vs. COMELEC Is the Repealing Clause a Valid “Rider”? Arguments of Petitioners: • Dissimilarity in the subject matter of R.A. 9006, on the one hand, and Sec. 67 of the OEC, on the other. • R.A. 9006 – Fair Elections Practices • Section 67 – Limitation on elective officials who run for an office • Therefore, Sec. 14 which repeals Sec. 67 of the OEC is not germane to the subject matter of R.A. 9006. 7 10/13/2011 Is the Repealing Clause a Valid “Rider”? Ruling of the Supreme Court • It is a valid rider. • The title and the objectives of R.A. 9006 are comprehensive enough to include the repeal of Section 67 of the Omnibus Election Code within its contemplation. • The legislators considered Section 67 of the Omnibus Election Code as a form of harassment or discrimination that had to be done away with and repealed. Declaration of Principles • To ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination. 8