Republic Act No.9006 otherwise known as the Fair Election Act provides in Section 9 that, “The
COMELEC may authorize political parties and party-list groups to erect common
poster areas for their candidates in not
more than ten (10) public places such as plazas, markets, barangay centers and
the like, wherein candidates can post, display or exhibit election propaganda:
Provided, That the size of the poster areas shall not exceed twelve (12) by
sixteen (16) feet or its equivalent.
Independent
candidates with no political parties may likewise be authorized to erect common
poster areas in no more than ten (10) public places, the size of which shall
not exceed four (4) by six (6) feet or its equivalent.”
The Omnibus Election
Code of the Philippines also known as Batas
Pambansa 881, Section 91 likewise provides that, “Whenever practicable, the Commission shall also designate and
provide for a common poster area in strategic places in each town wherein
candidates can announce and further their candidacy through posters, said space
to be likewise allocated free of charge, equally and impartially by the
Commission among all the candidates concerned.”
The Commission on Elections once explained
that a
common poster area does not refer to a post, a tree, the wall of a building or
an existing public structure that is in active use, but a structure, that is
temporarily set up by the candidates or political parties for the exclusive
purpose of displaying their campaign posters which should be allocated equitably and impartially among the candidates.
Common
Poster Areas are public places authorized by the Commission on Elections or
private places (with consent of the owner) where every candidate may post any lawful election
propaganda material with a size not to exceed two feet by three feet (2’x3’)
only.
Relative to the
May 09, 2016 Automated Synchronized National and Local Elections the Comelec
sets the campaign period for the national candidates (senators and party list
participants) starts on February 09, 2016 and for local candidates on March 25, 2016.
Within this
period we can observe again the wanton violations of campaign election laws and regulations due to the proliferation of
illegally posted campaign materials in our midst which we are not aware whether
the candidate or its campaign staff is ignorant of the provisions of election laws regarding the matter. Or that they are just ignoring said laws because as we
have already noted violations of the fair election act has been going on even
before the start of the election period. Perhaps the rationale behind anti-epal
movement were given due birth.
Every
election period, by experience, proliferation of illegally posted election
propaganda materials starts on the campaign period of national candidates and
thus being emulated and followed by the local candidates in time of their
campaign period.
The
posting of campaign materials in public places outside of the designated common
poster areas such as streets, bridges, public structures or buildings, trees,
electric posts or wires, schools, shrines, main thoroughfares and the like is
prohibited. Persons posting the same shall be held liable together with the
candidates and other persons who caused the posting. It will be presumed that
the candidates caused the posting of campaign materials outside the common
poster areas if he does not remove the same within three (3) days from notice
which shall be issued by the Election Officer of the city or municipality where
the unlawful election propaganda are posted or displayed.
Usually, the Commission on Elections authorizes the
creation of Task Force to Tear Down and Remove Unlawful Election Material with
the duties and functions to tear down and remove campaign propaganda materials
posted in public places outside the common poster areas, illegal campaign
materials wherever posted or displayed, monitor and watch out for persons
posting or distributing unlawful election paraphernalia. The Task Force members
are authorized to apprehend violators caught in the act, and file the appropriate
charges against the said violators.
Do
we have to be with this scenario? We hope not! Therefore, every candidate and
their staff are enjoined to conduct a responsible campaign by abiding the rules
and regulations set forth by the Commission on Elections.
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