COMELEC RULES FOR FUN‑RUN CAMPAIGN EVENTS
(A Philippine legal briefing, updated to 20 April 2025)
1. Legal Framework
| Source | Key Provisions That Affect a Fun‑Run |
|---|---|
| Omnibus Election Code (OEC, B.P. 881) | §§ 80–82 (campaign periods), § 85 (prohibited forms of propaganda), § 261 (vote‑buying & giving things of value), § 262 (liability of participants) |
| Republic Act 9006 – Fair Election Act | Defines “election propaganda,” sets disclosure requirements, airtime & poster‑size limits, and mandates implementing rules by COMELEC |
| R.A. 7166 & R.A. 9369 | Expense ceilings and updated filing rules; Penera v. COMELEC (G.R. 181613, 11 Sept 2009) on premature campaigning |
| COMELEC Resolutions (latest comparable to Res. 10730 / 10748 for 2022 and likely to be re‑issued each cycle) | Operational rules on rallies, motorcades, caravans, concerts, “sporting activities,” media coverage, permits & health/safety layers |
| Local Government Code (R.A. 7160) | LGU power to regulate street closures & public gatherings, subject to COMELEC’s “control and supervision” during the election period |
| Special Rules (if any) | IATF or DOH guidelines (e.g., for COVID‑19) and PNP requirements for security detail |
Unless Congress amends the statutes, COMELEC traditionally republishes nearly identical resolutions each election; specifics (dates, poster dimensions, etc.) change, but the structure below remains constant.
2. Is a Fun‑Run “Election Propaganda”?
- YES. COMELEC treats any event “designed to draw the public’s attention to a candidate or party” as propaganda.
- Category: a “political rally or other form of mass gathering,” explicitly listed in recent resolutions alongside concerts, caravans, motorcades, and “sporting activities.”
- Consequences: All special rules for rallies apply—permits, time/place limits, notice to COMELEC, expenditure reporting, and content disclosures.
3. Timing Rules
| Level of Office Contested | Campaign Period | Fun‑Run Allowed Only Within |
|---|---|---|
| National (President, VP, Senators, Party‑list) | 90 days before election day | those 90 days (unless a local candidate is a sponsor—then use local timetable) |
| Local (District Rep., Governor, Mayor, etc.) | 45 days before election day | those 45 days |
Premature “promo” fun‑runs: After Penera, no criminal liability attaches once a COC is filed but any spending before the official period cannot be booked as a campaign expense, and corporate donors are still barred from contributing at any time (OEC § 95).
4. Permitting & Notice
- Written Application (72 hrs) to the local COMELEC Campaign Committee (ECC) specifying date, exact route, start/finish areas, sound‑system wattage, and estimated crowd size.
- LGU Permit for road closure or use of parks. LGU must act within 24 hrs; failure to act is deemed approval but COMELEC may override.
- PNP Coordination for security; attach PNP clearance to ECC notice.
- Health Protocol Compliance Certificate (if required).
- Live media coverage? Secure separate COMELEC accreditation for media vehicles.
Failure to follow the 72‑hour notice is an “unauthorized rally” subject to § 263 OEC penalties (fine or imprisonment).
5. Content & Conduct Rules
| Item | Rule |
|---|---|
| Campaign Materials on Route | Posters/banners along the fun‑run course must stay within 2 ft × 3 ft (if placed in “common poster areas”) or the smaller on‑person limits (shirts, race bibs). Oversized tarpaulins in private property are still governed by R.A. 9006 size limits once the campaign period starts. |
| T‑Shirts, Singlets, Race Kits | Allowed only if given uniformly to all registered participants and reported as an expense. Distribution targeted to voters of a particular barangay may be construed as vote‑buying. |
| Refreshments & Give‑aways | Water stations are permissible as “incidentals.” However, giving packed meals, grocery bags, or cash prizes above nominal value triggers § 261(a) vote‑buying risk. Keep prize value purely symbolic (e.g., medal, trophy, finisher shirt). |
| Registration Fees | Charging a fee is allowed; waiving everyone’s fee is viewed as providing a thing of value—report as an expense and ensure it is open city‑wide. |
| Advertising Disclosures | Digital posters, race bibs, singlets, start‑finish arch, and any printed sponsor boards must carry the name and address of the candidate/party and the printer, per § 3 R.A. 9006. |
| Sound, Lights, Fireworks | COMELEC resolutions set a 10 pm cut‑off and 30 dB limit at perimeter; fireworks require BFP clearance and are banned within 12 hrs of voting day. |
| Environment / Noise | DENR environmental rules still apply (no single‑use plastics in some cities, etc.). |
6. Expense Accounting
| Who Spends? | Record & Report? | Cap? |
|---|---|---|
| Candidate/Party | Must carry official incremental expense report within 30 days after election day. | President – ₱10/voter; VP & Senate – ₱3/voter; Local – ₱3/voter; Independent candidates add an extra ₱5/voter. |
| “Other Person” (supporter, foundation, NGO, sports club) | Still reportable. Must execute a sworn “Statement of Contribution” and give a copy to the candidate for consolidation. | Not counted against candidate’s cap only if (a) reported properly and (b) not coordinated—a high bar in practice. |
| Corporations / Partnerships | Absolutely prohibited donors (OEC § 95). Sponsorship in kind (tents, water, prizes) is illegal, no matter how labeled. |
Unreported spending → administrative fine (₱1,000–₱30,000) plus possible criminal liability.
7. Election Silence Period
- Eve of Election (“Day of Reflection”) & Election Day: ALL public events are prohibited. A fun‑run scheduled on these days is an election offense.
- Liquor Ban: 48 hrs before polling; route sponsors cannot hand out beer or similar.
8. Common Pitfalls
- Fun‑Run Before the Official Campaign Period
- Not illegal per Penera, but every peso eats into your personal funds and cannot be reclassified later.
- Corporate Sponsorship
- Even if the brand logo is tiny, it is still a corporate contribution.
- “Nominal” vs. “Substantial” Prizes
- A motorcycle raffle or grocery pack is vote‑buying territory. Stick to trophies or bragging rights.
- Uncoordinated Side‑Events (concert after the race)
- Needs a separate 72‑hr notice and may breach decibel/time curfew.
- Failure to Print the Disclosure Line
- COMELEC field offices routinely confiscate tarpaulins and race bibs lacking the “Paid for by … Printed by …” line.
9. Enforcement & Penalties
| Violation | Primary Statute | Range of Penalties |
|---|---|---|
| Missing notice / oversized materials | OEC § 85 | Confiscation, fine up to ₱30,000, or 1–6 yrs imprisonment |
| Vote‑buying through giveaways | OEC § 261(a) | 1–6 yrs, PERPETUAL disqualification, loss of suffrage |
| Corporate contribution | OEC § 95 | Same as § 261 |
| Overspending / under‑reporting | R.A. 7166 | Fine & disqualification |
| Election‑day fun‑run | R.A. 6646 & Resolutions | Warrantless arrest & summary inquest |
COMELEC Law Department investigates; Regional Trial Courts (special election courts) have jurisdiction over prosecutions.
10. Practical Compliance Checklist (One‑Pager)
1. ☐ Confirm you are inside the official campaign period.
2. ☐ Draft the 72‑hour Notice of Sporting Activity; attach LGU permit & PNP security plan.
3. ☐ Secure venue/route, insurance, and health‑protocol clearance.
4. ☐ Print all propaganda with the correct disclosure line & size.
5. ☐ Cap prizes at token values; document all expenses and donors.
6. ☐ Record attendance (optional but helps prove equal treatment).
7. ☐ Observe time, noise, liquor, and silence‑day bans.
8. ☐ File your Statement of Contributions & Expenditures (SOCE) on time.
11. Conclusion
A fun‑run can be a vibrant way to project a healthy, upbeat brand for a candidate—but it is legally treated no differently from a conventional rally. Follow COMELEC’s notice, disclosure, and spending rules; police the value of your giveaways; and remember that corporate sponsorship is off‑limits. When properly planned, a campaign fun‑run is lawful, reportable, and—most importantly—safe from disqualification or criminal exposure.
This overview is for general guidance only and is not a substitute for tailored legal advice. Always verify the specific COMELEC resolutions and local ordinances issued for the election cycle in which you plan to run.