COMELEC RULES ON ROVING LED CAMPAIGN TRUCKS IN THE PHILIPPINES
(A Comprehensive Legal Guide, updated to April 24 2025)
1. Governing Sources at a Glance
| Instrument | Key Provisions | Notes |
|---|---|---|
| 1987 Constitution, Art. IX-C & Art. XII, §4 | Vests COMELEC with power to “enforce and administer all laws” relative to elections; allows reasonable regulation of political advertising. | The constitutional baseline for all COMELEC regulations. |
| Republic Act 9006 (Fair Election Act, 2001) | §§3, 6–7 outline lawful and unlawful election propaganda; delegates detailed rule-making to COMELEC. | Central statute on campaign materials. |
| Omnibus Election Code (B.P. 881, 1985) | §§80–83 (campaign period), §264 (penalties). | Still supplies default penalties. |
| COMELEC Resolutions (chronological) • No. 10049 (2016) • No. 10488 (2019 mid-terms) • No. 10695 (2020) — pandemic-era special rules • No. 10730 (2022 national) • No. 10777 (BSKE 2023; carried to 2025) |
Each resolution contains a chapter on “Mobile Campaign Propaganda / LED Trucks,” prescribing size, brightness, sound, and permit requirements. | The most recent, No. 10777 (Dec 27 2023), currently governs both special and regular polls until superseded. |
| Supreme Court Jurisprudence: Adiong v. COMELEC (G.R. 103956, Mar 31 1992); Diocese of Bacolod v. COMELEC (G.R. 205728, Jan 21 2015); Penera v. COMELEC (G.R. 181613, Nov 25 2009). | Establishes that campaign speech is protected but subject to time, place, and manner limits that are content-neutral and narrowly tailored. | Guides constitutional interpretation of LED-truck rules. |
| Other Regulations | LTO Memorandum Circular 2021-235 on mobile billboards; MMDA Regulation 11-001; LGU advertising codes. | Compliance with traffic and local advertising rules is separate from COMELEC permits. |
2. What Counts as a “Roving LED Campaign Truck”?
Definition (COMELEC Res. 10777, §1(k)):
“Any motor vehicle—truck, van, trailer, or similar conveyance—equipped with a light-emitting diode (LED) screen, capable of displaying still or moving images, that is deployed to promote a candidate, party, or referendum position while the vehicle itself is in motion or parked in different locations.”
Includes flat-bed trucks with modular LED walls, buses with side-panel screens, and “Digital Mobile Billboards.”
Excludes (i) vehicles bearing only painted or printed tarpaulins, and (ii) fixed LED billboards mounted roadside.
3. Permit Requirements
| Permit | Issuing Office | When Needed | Core Documentary Requirements |
|---|---|---|---|
| COMELEC “Motorcade / LED Truck Permit” | Office of the Regional Election Director (ORED) or Provincial Election Supervisor (PES) where the vehicle will traverse. | For every calendar day the unit roves during the official campaign period. | • Form CE-MT-01 (trip plan & route) • Vehicle OR/CR & plate no. • LED truck operator’s DTI/SEC papers & LGU business permit • Authorization letter from the candidate/party |
| S-PASA (Sound Permit) | Same COMELEC office | Required if the LED truck will broadcast amplified audio. | Maximum 85 dB at 5 m, daytime only (6 am–10 pm). |
| LGU Advertising Permit | City or municipality’s Business Permits & Licensing Office | Always, even outside campaign period. | Proof of payment of local advertising tax; barangay clearance. |
| Traffic-Route Clearance | LTO district office / MMDA Traffic Engineering Center (Metro Manila) | For vehicles exceeding 3.5 m height, 8 m length, or 15,000 kg GVW, and all “special purpose advertising vehicles.” | Technical drawing of vehicle; inspection certificate. |
Tip for compliance: File COMELEC permit five (5) working days before the intended deployment date—Res. 10777, §5. Late filings are automatically denied.
4. Size, Brightness & Technical Caps
| Parameter | Limit |
|---|---|
| Screen area | 8 m² per side max; if the display is double-sided, total cannot exceed 12 m². |
| Total vehicle height | 4.5 m (including screen & frame) to clear power lines. |
| Brightness (nits) | ≤ 6,000 nits daytime; auto-dimming or ≤ 600 nits after sunset. |
| Video length | Looped content may not exceed 120 s per candidate per loop. |
| Dwell time | If parked, the vehicle may stay no longer than 30 minutes in a single barangay without moving 200 m away. |
| Sound level | ≤ 85 dB at 5 m; no audio 10 pm–6 am. |
| Distance from polling centers | 100 m radius “campaign silence zone” on Election Day and during early voting. |
5. Content Rules
- Mandatory Disclaimers — The lower-left corner of the LED display must flash the “Paid for by” legend for at least 4 s every 60 s; font height ≥ 4 cm (§8, Res. 10777).
- Prohibited Material — No obscene, discriminatory, or false claims; no use of national symbols for advertising (§6, R.A. 8491).
- Equal Access Doctrine — Candidates procuring LED-truck services must give “reasonable opportunity” to other candidates “on a first-come, first-served, same-rate basis” (COMELEC Adv. Op. 13-2021).
- Fair Expense Reporting — The gross rental cost counts toward the candidate’s aggregate expenditure cap (P10/registered voter for president; P3 for local candidates — R.A. 7166 as adjusted by CPI in Res. 10529).
6. Time, Place & Manner Restrictions
| Aspect | Rule |
|---|---|
| Campaign Period Only | Roving LED trucks are prohibited before the official period (e.g., Nov 29 2024–May 11 2025 for the 2025 polls). Early deployment is “premature campaigning” but not penalized for candidates (Penera doctrine) — still actionable vs. operators. |
| Main Roads | Allowed except on E-DSA, Commonwealth Ave., and designated “Main Arterial Roads” in NCR between 6 am–9 am and 4 pm–8 pm, to reduce traffic (MMDA Res. 22-02). |
| Schools, Churches, Gov’t Offices | May pass but not park within 30 m, and screen must mute audio. |
| Election Silence (48 hrs pre-E-Day) | All visual campaigning, including LED trucks, must cease 12:01 am of the eve of Election Day (Omnibus Election Code §80). |
7. Enforcement & Penalties
- Summary Confiscation — COMELEC field personnel may seize an unpermitted LED truck or disable its screen (Res. 10777, §14).
- Election Offense — Unauthorized mobile propaganda is punished under Omnibus Election Code §264: imprisonment 1–6 yrs, loss of voting rights, and perpetual disqualification from public office.
- Administrative Fines — Under R.A. 9006 §14, COMELEC may impose ₱10,000–₱100,000 per count, payable within 48 hrs to lift impound.
- Civil Liability — LGUs may levy daily penalties for unlicensed advertising (local revenue code).
- Traffic Violation Fees — LTO penalties for over-dimension or distracted-driving violations (₱2,000–₱5,000 per apprehension).
8. Key Jurisprudence & Opinions
| Case / Opinion | Holding Relevance To LED Trucks |
|---|---|
| Adiong v. COMELEC (1992) | Struck down total ban on decals and stickers; established intermediate scrutiny for campaign material restrictions. A blanket prohibition on LED trucks would likely fail, but reasonable, content-neutral limits survive. |
| Diocese of Bacolod v. COMELEC (2015) | Tarpaulin size cap invalid when applied to non-candidate speech. Suggests that issue-advocacy groups using LED trucks enjoy heightened protection, but still subject to traffic and safety rules. |
| COMELEC Opinion No. MSD-20-006 (Sept 14 2020) | Clarified that pandemic health protocols (masking, social distancing) apply to crews staffing LED trucks; non-compliance grounds for permit revocation. |
| COMELEC En Banc Minute Res. 21-0543 (Mar 3 2021) | Affirmed confiscation of an LED truck in Cavite that lacked auto-dimming — precedent for technical-spec enforcement. |
9. Compliance Checklist for Candidates & Providers
- Planning
- Verify campaign period dates; map daily routes.
- Ensure LED module specs meet size/brightness caps.
- Paperwork (≥ 5 working days before deployment)
- File COMELEC permit (route, plate no., operator creds).
- Secure LGU advertising & traffic clearances.
- If with audio, apply for S-PASA.
- Operational Rules
- Carry hard copies of permits in cab.
- Maintain auto-dimming; switch to ≤ 600 nits after dusk.
- Keep sound ≤ 85 dB and mute near sensitive zones.
- Observe 30-minute parking limit; move 200 m before looping back.
- Record-Keeping
- Retain rental invoices; record screen time sold to each candidate for SOCE reporting (due 30 days post-Election).
- Election Eve Shutdown
- Stop all operations 48 hrs before Election Day; dismantle or cover screens.
10. Practical Tips
- Bundle permits: Many Regional Election Directors accept batch applications covering multiple vehicles and dates—cost-efficient for parties running several LED trucks.
- Insurance: Obtain “special operations” coverage; standard commercial vehicle policies often exclude mobile advertising equipment.
- Data-logging: Install on-board media players that auto-log playtimes; simplifies SOCE proof and defense if charged with over-posting.
- Public Complaints Hotline: COMELEC hotlines (02-8527-0828) often trigger surprise inspections—maintain strict compliance at all times.
11. Looking Ahead
COMELEC’s Advisory Council on Digital Campaigning (created July 2024) is studying QR-tagging and real-time GPS tracking for all mobile propaganda beginning the 2028 cycle. Draft rules (as of March 2025) propose a 5 m² screen-area ceiling and mandatory submission of MP4 files for automated monitoring. Stakeholders should follow forthcoming consultations.
12. Conclusion
Roving LED campaign trucks offer unparalleled reach, but they sit at the intersection of election law, advertising regulation, traffic safety, and constitutional speech. The touchstone is reasonable, content-neutral regulation in aid of clean, orderly elections. Master the permit process, respect technical caps, and treat compliance as an integral—rather than incidental—part of your campaign strategy.
Always consult the latest COMELEC resolution for your specific election cycle; this article reflects the framework in force as of April 24 2025.