FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
EXPLANATORY NOTE 
The media has proven its immense power in carrying messages to the pubfic, especially during 
elections. Past elections show how advertisements can help politicians in large proportions. 
Particularly in 2007, a pre-election survey conducted by the Social Weather Stations illustrated 
that receptivity to political advertising can affect votes by five to ten points. 
Often serving as battleground for political discussions, campaign and debates, the situation 
provides evidence that the media has been preferred source of information among voters. 
it cmld R& be cmceaM that mess te W i a  atld adve&is&me&s BPS ob++x~~l-y 
open only to 
candidates and parties who can afford the same, which is why most of the candidates these days 
have turned to the Internet for political advertisement. Given this circumstance, it is inevitable to 
assume that candidates, specifically those who are employed in the government, are becoming 
pame to us& pMlc rewms, i ~ d w b g  
I&& 
mail system +x eke%mk mail sysem, for 
political advertising. 
This bill seeks to prohibit the use of public funds or resources to make communications that 
conkin p4itictd &&ising. 
In view of the foregoing, the immediate approval of this bill is earnestly sought. 
AdTbNIO “SONNY” F. TRJLLANES IV 
Senator 
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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
1 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
PROHIBITING THE USE OF PUBLIC RESOURCES TO MAKE COMMUNICATIONS 
THAT CONTAIN POLITICAL ADVERTISING, AMENDING FOR THIS PURPOSE 
BATAS PAMBANSA BILANG 881, OTHERWISE KNOWN AS THE “OMNIBUS 
ELECTION CODE OF THE PHILIPPINES” 
Be in enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Definition of Term. -As used in this Act, the following terms shall mean: 
“Electronic mail system” means a system for transmitting messages 
electronically; 
“Internal mail system” means a system operated by an agency or political 
subdivision to deliver Written documents to officers or employees of the 
agency; 
“Political advertising” means a communication supporting or opposing a 
candidate for nomination or election to a public office or office of a 
political party, a political party, a public officer or a measure that: 
1) in return for consideration, is published in a -newspaper, magazine, or 
other periodical or is broadcast by radio or television; or 
2) appears in a pamphlet, circular, flier, billboard or other sign, bumper 
sticker, or similar form of written communication, 
3) Is on an Internet website. 
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Thus, it is a communication that advocates a particular outcome in an election. It can be a 
communication in almost any written or broadcast form, such as a billboard, a flier, a 
newsletter, a poster, a television or radio ad, or an Internet site. 
d) 
“agency” means a department, commission, board, office, or other agency 
that is in the legislative, executive, or judicial branch of government; or a 
university system or an institution of higher education. 
SEC. 2. Unlawful Use of Public Funds or Resources for Political Advertising. - 
Section 261 of the Batas Pambansa Bilang 881 of the Philippines, otherwise known as the 
“Omnibus Election Code”, and herein referred to as the Act, is amended by addmg the following 
subsections to read as follows: 
“Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense: 
(0) Use of public funds, money deposited in trust, equipment, facilities owned or 
controlled by the government for an election campaign. - Any person who 
uses under any guise whatsoever, directly or indirectly, (1) public funds or 
money deposited with, or held in trust by, public financing institutions or by 
government offices, banks, or agencies; (2) any printing press, radio, or 
television station or audio-visual equipment operated by the Government or 
by its divisions, sub-divisions, agencies or instrumentalities, including 
government-owned or controlled corporations, or by the Armed Forces of 
the Philippines; [or] (3) any equipment, vehicle, facility, apparatus, or 
paraphernalia owned by the government or by its political subdivisions, 
agencies including government-owned or controlled corporations, or by the 
Armed Forces of the Philippines for any election campaign or for any 
partisan political activity; OR (4) PUBLIC FUNDS OR RESOURCES, 
INCLUDING AN INTERNAL MAIL SYSTEM OR ELECTRONIC MAIL 
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SYSTEM, FOR POLITICAL ADVERTISING, INCLUDING THE 
DISTRIBUTION OF POLITICAL ADVERTISING; 
THIS SECTION DOES NOT APPLY TO: 
i) 
A 
COMMUNICATION 
THAT 
FACTUALLY 
DESCRIBES 
PURPOSES OF A MEASURE, IF THE COMMUNICATION DOES 
NOT ADVOCATE PASSAGE OR DEFEAT OF THE MEASURE; 
ii) THE USE OF AN INTERNAL MAIL SYSTEM TO DISTRIBUTE 
POLITICAL ADVERTISING THAT IS DELIVERED TO THE 
PREMISES OF AN AGENCY OR THROUGH THE PHILIPPINE 
POSTAL SERVICE; OR 
iii) THE USE OF AN INTERNAL MAIL SYSTEM BY AN AGENCY 
TO DISTRZBUTE POLITICAL ADVERTISING THAT IS THE 
SUBJECT OF, OR IS RELATED TO, AN INVESTIGATION, 
HEARING, OR OTHER OFFICIAL PROCEEDING OF THE 
AGENCY OR POLITICAL SUBDIVISION. 
SEC. 3. Separability Clause. - If any provision of this Act shall at any time be found to 
be unconstitutional or invalid, the remainder thereof not affected by such declaration shall 
remain in full force and effect. 
SEC. 4. Repealing Clause. - All laws, decrees, rules or regulations inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
SEC. 5. Effectivity Clause. - This Act shall take effect after fifteen (15) days following 
its complete publication in two (2) newspapers of general circulation. 
Approved, 
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