ELECTION LAW: CAMPAIGN

Election laws in the Philippines, particularly with regard to campaign rules, are governed by several key legal frameworks, including the 1987 Constitution, the Omnibus Election Code (Batas Pambansa Blg. 881), relevant provisions of the Fair Election Act (Republic Act No. 9006), and regulations issued by the Commission on Elections (COMELEC). Campaign regulations are essential to maintain the integrity of elections, ensure fair competition, and prevent undue influence by money and power.

I. Definition of "Campaign"

A campaign refers to any act aimed at promoting the election or defeat of a candidate. This includes:

Campaigning for or against a candidate – Actions intended to encourage voters to vote for or against a particular candidate, such as speeches, literature distribution, and other public expressions of support or opposition.
Political advertisements – Broadcast, print, or online advertisements advocating for a candidate’s election.
Political rallies – Public gatherings organized to promote a candidate's electoral platform.
Personal appearances – Attendance by a candidate or supporters at public events for the purpose of gaining electoral support.

Campaign activities are bound by strict rules regarding timing, content, funding, and disclosure.

II. Period of Campaigning

The Omnibus Election Code and COMELEC resolutions stipulate that candidates can only engage in campaign activities within the official campaign period:

For national positions (e.g., President, Vice President, Senators): The campaign period starts 90 days before Election Day.
For local positions (e.g., Governor, Mayor, Congress members): The campaign period starts 45 days before Election Day.
Barangay and Sangguniang Kabataan elections have their own timelines as set by COMELEC.

Campaigning outside the official period (referred to as "premature campaigning") is prohibited and punishable under election law, although jurisprudence (e.g., Penera v. COMELEC, G.R. No. 181613) has clarified that candidates who file their Certificate of Candidacy (COC) cannot be considered candidates before the official start of the campaign period. Thus, acts that would have been deemed as premature campaigning are not penalized until the start of the campaign period.

III. Forms of Campaigning

1. Traditional Forms:

Rallies, parades, and motorcades: Permitted during the campaign period, but require permits from local government units.
Handbills, posters, and pamphlets: These materials are restricted in terms of size (maximum of 2 x 3 feet) and location. They cannot be posted in public areas not designated by COMELEC (such as schools, parks, government offices), and unauthorized posting is subject to penalties.
Political advertisements: Time limits are imposed on ads broadcast via TV, radio, and other media:
- Television ads: Maximum of 120 minutes per station for national candidates; 60 minutes for local candidates.
- Radio ads: Maximum of 180 minutes per station for national candidates; 90 minutes for local candidates.

2. Online Campaigning:

Social media has become a significant platform for campaigns, but it is subject to regulations under the Fair Election Act and COMELEC guidelines.
Candidates must report social media expenses, and there are limits to the spending for online advertisements.
Trolls, fake news, and misinformation have increasingly been a concern, leading COMELEC to monitor online activities more closely.

3. Prohibited Forms:

Vote-buying and vote-selling: Offering money, material benefits, or anything of value in exchange for a vote is illegal under Sec. 261 of the Omnibus Election Code.
Campaigning in places of worship: Religious institutions cannot be used for campaigning under the doctrine of separation of Church and State (1987 Constitution, Art. II, Sec. 6).
Campaigning using public resources: Public officials cannot use government resources (including vehicles, funds, or personnel) for campaign purposes.

IV. Campaign Finance Regulations

Campaign finance is a critical aspect of election law. Strict rules apply to both contributions and expenditures:

1. Contribution Limits:

Contributions to candidates from foreign nationals or foreign entities are prohibited (Sec. 96, Omnibus Election Code).
Donations from corporations are also restricted, except for non-profit organizations.
Contributions must be properly recorded and disclosed to the COMELEC.

2. Expenditure Limits: The Omnibus Election Code imposes limits on the amount candidates can spend per voter:

President and Vice-President: Php 10 per voter.
Candidates with political parties: Php 3 per voter.
Independent candidates: Php 5 per voter.

Any excess in campaign expenditures can lead to disqualification or criminal charges.

3. Reporting Requirements: Candidates and political parties are required to submit a Statement of Contributions and Expenditures (SOCE) within 30 days after Election Day.

The SOCE must include all contributions received and all expenditures made during the campaign.
Failure to submit the SOCE can result in penalties, including fines, disqualification from holding public office, or forfeiture of the elected position.

V. Fair Election Practices

Under the Fair Election Act, candidates are expected to adhere to principles of transparency, accountability, and fairness in their campaigns:

Truth in Advertising: Candidates and political parties must not engage in false, misleading, or defamatory propaganda.
Equal Access to Media: Media outlets are required to provide equal opportunity for air time to all candidates, and any form of media bias or preferential treatment is prohibited.
COMELEC Control: The Commission on Elections has supervisory control over the use of media during the campaign period. It can suspend or cancel the broadcast of any political advertisement if deemed unlawful or prejudicial to public interest.

VI. Regulation of Campaign Materials

The display and distribution of campaign materials are strictly regulated:

Posters and tarpaulins must conform to the size limitations set by the COMELEC (e.g., maximum of 2 x 3 feet).
Private properties can be used for campaigning with the permission of the owner.
Campaign materials must not be displayed in public utility vehicles, schools, government offices, or on trees and electric posts.
The COMELEC may designate common poster areas where candidates can post their materials.

Failure to comply with these regulations can result in administrative penalties and, in severe cases, criminal prosecution.

VII. Prohibited Campaign Practices

Under Section 261 of the Omnibus Election Code, certain acts related to campaigning are considered election offenses, including but not limited to:

Vote-buying and vote-selling.
Threats or intimidation to compel someone to vote for or against a candidate.
Use of illegal propaganda materials or posting in unauthorized places.
Electioneering within polling precincts on Election Day.
Coercing or bribing public officials to campaign for a candidate.

Election offenses are penalized with imprisonment, disqualification, and permanent loss of voting rights.

VIII. Oversight by the COMELEC

The Commission on Elections plays a crucial role in enforcing campaign regulations. It has the authority to:

Monitor campaign spending.
Investigate complaints related to illegal campaigning.
Issue penalties or disqualifications for violations of campaign finance rules or election offenses.

The COMELEC also works in partnership with civil society groups and media organizations to ensure transparency and accountability in the conduct of political campaigns.

In sum, the regulation of campaigns in the Philippines is aimed at promoting fair elections, preventing undue influence by wealth, and ensuring that the electoral process is transparent and competitive. Candidates are expected to adhere to these rules, with the COMELEC acting as the principal regulatory body to ensure compliance.