#ASKGOYO

By ATTY. GREGORIO LARRAZABAL

Last week, several individuals asked me about the use of digital billboards for election propaganda in the May 13, 2019, automated elections.

Before I start, I must emphasize that Comelec has prohibited the use of billboards per se as election propaganda by candidates and political parties for the May 13, 2019, elections.

Now, to answer the query about digital billboards, we have to refer to two specific provisions of Comelec Resolution No. 10488, which implements RA 9006, the Fair Election Act, and what constitutes lawful election propaganda. These two provisions should be read in harmony with each other. Sec. 6 provides for the guidelines and Sec. 8 expounds on the steps to take if candidates or political parties intend to use campaign materials not specifically contained in, allowed, and/or regulated in Sec. 6 of Comelec Resolution No. 10488.

Sec. 6 provides:

“Sec 6. Lawful Election Propaganda. –– Election propaganda, whether on television or cable television, radio, newspaper, the Internet, or any other medium, is hereby allowed for all bonafide candidates seeking national and local elective positions, subject to the limitation on authorized expenses of candidates and parties, observation of truth in advertising, and to the supervision and regulation by the Comelec.

“Lawful election propaganda shall include:

“a. Pamphlets, leaflets, cards, decals, stickers, or other written or printed materials the size of which does not exceed eight and one-half inches in width and 14 inches in length.

“b. Hand-written or printed letters urging voters to vote for or against any particular political party or candidate for public office.

“c. Posters made of cloth, paper, cardboard, or any other material, whether framed or posted, with an area not exceeding two feet by three feet.

“d. Streamers not exceeding three by eight feet in size displayed at the site and on the occasion of a public meeting or rally. Said streamers may be displayed five days before the date of the meeting or rally and shall be removed with in 24 hours after the meeting or rally.

“e. Social media posts, whether original or re-posted from some source, which may either be incidental to the poster’s advocacies of social issues or which may have, for its primary purpose, the endorsement of a candidate only.

“f. Mobile units, vehicles, motorcades of all types, whether engine or manpower driven or animal drawn, with or without sound systems or loud speakers and with or without lights.

“g. Paid advertisements in broadcast, Internet, mobile, print, or outdoor media, subject to the requirements set forth in Section 9 hereof and the Fair Election

“h. In the headquarters and residences of candidates, lawful election paraphernalia maybe displayed, but banners or streamers referred to in paragraph (d) above shall not be

“All other forms of election propaganda not prohibited by the Omnibus Election Code or these rules.”

Before jumping to the conclusion that all other forms of election propaganda are allowed, Sec. 8 provides an important qualifier (for the last paragraph of Section 6), which states:

“SEC 8. Petition for Authority to Use Other Election Propaganda. – Any person seeking authority to use other forms of election propaganda not covered by those enumerated in Sec. 6 hereof and not prohibited by law may file with the Comelec, through the Clerk of the Commission, a verified petition in two legible copies, describing the election propaganda sought to be authorized with samples thereof.

“Upon receipt of the petition, the Clerk of the Commission shall set it for hearing and shall send notice thereof to the petitioner. On the day following the receipt of the notice of hearing, the petitioner shall cause the publication of the petition, together with the notice of hearing, in two newspapers of general circulation, and shall notify the Comelec of such action.

“If the Comelec authorizes the use of the requested election propaganda, the authorization shall be published in two newspapers of general circulation within one week after the authorization has been granted.”

So, to answer the query, it can be gleaned that candidates MAY use digital billboards, for as long as the size is not more than two feet x three feet. However, if candidates intend to use digital billboards for election propaganda of a bigger size or dimension, they must first seek authority from the commission en banc.

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