SOME FEATURES OF REPUBLIC ACT NO. 9006
otherwise known as the FAIR ELECTION ACT
Republic Act No. 9006
otherwise known as the Fair Election Act which was enacted into law last 2001,
amended and repealed Sections 67 and 85 of Batas Pambansa 881 known as the
Omnibus Election Code, Sections 10 and 11 of Republic Act. No. 6646 known as
the Electoral Reform Law and Section 11, paragraph 3 of Republic Act. No. 8436,
likewise, known as the Law on Automated System of Election.
ELECTED and APPOINTED
Government Officials
Previously, any incumbent
elective official, national or local, running for any office/position other
than the one he is holding is considered ipso facto resigned from his office
upon filing of certificate of candidacy (Section 67 of Omnibus Election Code)
until repealed by Sec. 11, par. 3, Republic Act No. 8436 which provides until
upon the start of the campaign period.
However, the Fair
Election Act extended the incumbency of duly elected officials running for or
seeking election to an office/position other than the ones they are
respectively holding until after expiration of their respective terms of
office, even after they had filed his/her certificate of candidacy or the start
of campaign period.
Meanwhile appointive
officials are deemed resigned from their position upon filing of their
Certificate of Candidacy based on a Supreme Court ruling relative to the issue.
BROADCAST and PRINT
POLITICAL ADVERTISEMENT
Republic Act No. 9006
lifted also the ban on the use of political/election propaganda materials and
advertisements through mass media by candidates, political parties, groups, or
coalitions.
The selling or giving
free of charge by mass media for campaign or political purposes of print space
/ airtime to candidates /political parties is now allowed under Sec. 4 and 6 of
said Act which has repealed Section 11(b) of Republic Act No. 6646 and
Sections 90, 92 of Omnibus Election
Code. However, donation, paid print / broadcast advertisements are subject to
certain prescribed fixed requirements.
A common requirement for
both is that it must bear and be identified by the legible/audible word
“political advertisement paid for” followed by the true and correct “name and
address of the candidate/political party” for whose benefit the propaganda was
printed or aired.
Further, mass media columnists, commentators,
announcers or personalities who are candidates for any elective public office
previously are merely considered on leave or required to take leave of absence
from their work during the campaign period but pursuant to Section 6, paragraph
6.6 of Fair Election Act they are not only considered or required to take a
leave of absence from their work during the campaign period, but also to resign
therefrom if so required by their employers.
COMMON POSTER AREA
Formerly, Comelec has the
duty to designate common poster areas in strategic places wherein candidates
can post, display or exhibit lawful election propaganda materials to announce /
further their candidacy.
But under the Fair
Election Act the Comelec can only authorize candidates, political parties, and
party list groups to erect common poster areas for themselves / for their
candidates in not more than ten (10) public places with a size not exceeding 12
feet by 18 feet or its equivalent, instead of the former designating common
poster area.
Common poster area can
also be erected in any private places provided it has the consent of the owner
and to any public place / property subject to the requirement of equitable and
impartial allocation of said place / property among the candidates.
POLITICAL BILLBOARDS
In previous existing
election law billboards may be installed by Comelec or non-partisan
organization authorized by Comelec in strategic places whenever that is
feasible and after due notice and hearings.
Presently this
installation of Comelec and non-partisans organization is prohibited except
billboards put up or displayed by or at the instance of candidates or political
parties with the authority of the Comelec.
LAWFUL ELECTION PROPAGANDA MATERIALS
Lawful election
propaganda materials maybe posted in Common Poster Areas authorized by the
Comelec to be set up by candidates / political parties / party, party-list
group themselves, to any private place provided it has the consent of the owner
and in any place / property subject to the requirement of equitable and
impartial allocation of said place / property among candidates.
Lawful election
propaganda materials include pamphlets, leaflets, cards, decals, stickers and
other written or printed materials with a maximum size of 8 ½ x 14 inches. Posters (cloth, paper,
cardboard, tarpaulin, either framed or posted) must meet the maximum required
size of 2 feet by 3 feet.
Formerly streamers may be
displayed at the site or on the occasion of a public meeting or rally one (1)
week before the date of the meeting or rally and shall be removed within
seventy two (72) hours thereafter. But now streamers with a maximum size of 3
feet by 8 feet maybe posted or displayed only at the site and on the occasion
of a public meeting or rally five (5) days before the holding of said meeting
or rally and should be removed within twenty four (24) hours after the meeting
or rally.
Furthermore, those
prohibited election propaganda enumerated in Section 85 of the Omnibus Election
Code are now allowed to be used as election propaganda by virtue of the repeal
of said provision of Omnibus Election Code by Section 14, Republic Act No.
9006.
Any violation of the said
Act and the implementing rules and regulations issued relative thereto shall
constitute an election offense punishable by imprisonment of one (1) year but
not more than six (6) years and ineligibility for probation, disqualification
to hold public office and deprivation of the right of suffrage.
