THIRTEENTH CONGRESS OF THE REPUBLIC ) 
Second Regular Session 
5 ocT 13 ''2 :i:n 
OF THE PHILIPPINES 
~~~~V~~ IW : 
S E N A T E  
S. B. No. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Sections 27 and 28 provides that: 
The State shall maintain honesty and integrity in the public service and 
take positive and effective measures against graft and corruption. 
Subject to reasonable conditions prescribed by law, the State adopts and 
implements a policy of full public disclosure of all its transactions involving 
public interest. 
Article 9, Section 1 provides that: 
The public office is a public trust. Public officers and employees must at 
all times he accountable to the people, serve them with utmost responsibility, 
integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest 
lives. 
It is a misguided policy for the State to engage in costly propaganda at the expense of the 
taxpayer in times when the nation's socio-economic recovery is the top priority. Politicians use 
and abuse publicity and the media to associate him or herself with government projects for 
political leverage and personal aggrandizement. Since public funds are involved, government 
propaganda is an easy target for graft and corruption 
Therefore, there is a need for legislation to closely monitor government-hnded publicity 
and propaganda. This hill seeks to address this need by prohibiting the use of public funds for 
government propaganda without legislative consent, and providing penal sanctions for violators 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
5 QCT i ?  
’ 
Second Regular Session 
1 
/ 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROHIBIT THE USE OF GOVERNMENT FUNDS 
FOR PROPAGANDA PURPOSES 
Be it enacted by the Sencite and Home of Representatives of the Philippines in Congess 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as the “Government Propaganda 
Prohibition Act of 2005”. 
SECTION 2. Declaration of Policy. - It is the policy of the State, in line with the 
principle that public office is a public trust, to monitor the use of government hnds by public 
official and ensure that they are not used for personal propaganda or publicity. 
SECTION 3 ,  De$nition of Ternis. - For purposes of this Act, the term 
(A) “Propaganda” includes 
(1) Any message designed to aid a political party or candidate. 
(2) Any message with the purpose of self-aggrandizement or puffery of the 
Administration, agency, executive branch programs or policies, or pending 
congressional legislation; 
(3) A news release or other publication that does not clearly identify the government 
agency directly or indirectly (through a contractor) financially responsible for the 
message; 
(4) Any audio or visual presentation that does not continuously and clearly identify 
the government agency directly or indirectly financially responsible for the 
message; 


(5) An internet message that does not continuously and clearly identify the 
government agency directly or indirectly financially responsible for the message; 
(6) A message of a nature tending to emphasize the importance of the agency or its 
activities; 
(7) A message that is so misleading or inaccurate that it constitutes propaganda; and 
(8) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, 
radio, television, or video presentation designed to support or defeat legislation 
pending before Congress, except in presentation to Congress. 
(B) “Government” includes the National Government, the local governments, the 
government-controlled corporations, and all other instrumentalities or agencies of 
the Republic of the Philippines and their branches. 
(C) “Public officer” includes elective and appointive officials and employees, permanent 
or temporary, whether in the classified, or unclassified or exemption of service 
receiving compensation, even nominal, from the government as defined in the 
preceding sub-paragraph. 
(D) “Executive agency” means an executive department or a government agency. 
(E) “Advertisement” means a communication disseminated in any form, including 
speech, print, or by any electronic means. 
(F) “Covered contract” means a contract with an executive agency for public relations, 
media relations, advertising, or public opinion research services, or any subcontract 
for such services under a government contract 
SECTION 4. Prohibition on Unauthorized Expenditure of Goiwnment Fzm& for 
Piiblicif~i or Propaganda Purposes. - An officer or employee of the Philippine government may 
not make or authorize an expenditure or obligation of hnds for publicity or propaganda purposes 
unless authorized by law. 
SECTION 5. Reqziirenient for Disclosure of Sponsorship of all Government Advertising 
or Other Comnzzmication Maferials. - Each advertisement or other communication paid for by 
an executive agency, either directly or through a contract awarded by the executive agency, shall 


include a prominent notice informing the target audience that the advertisement or other 
communication is paid for by that executive agency. 
SECTION 6. Notification to Congress Regarding Certain Contracts. - 
(A) Requirement to notify Congress regarding certain contracts. - Not later than 30 days 
after entering into a covered contract, an Executive agency shall submit to each 
covered congressional committee a written notification containing the name of the 
contractor, the amount of the contract, the purpose of the contract, a summary of the 
statement of work for the contract, and any other information the agency considers 
relevant. 
(B) Requirement to submit other information upon request. - Upon request by the 
Chairperson of any covered Congressional Committee, an executive agency that 
provided a notification under subsection (A) for a covered contract shall provide the 
following to the person making the request: 
(1) a copy of the covered contract; 
(2) any modifications to the covered contract; and any materials produced under the 
covered contract. 
SECTION 7. Enforcement of Prohibition on Publicity or Propnganda. - 
(A)Responsibilities of the Ombudsman. - The Ombudsman shall investigate any 
violation of subsection (A). If the Ombudsman finds that a person has violated or is 
violating subsection (A), the Ombudsman may bring a civil action under this Section 
against the person. 
(B) Competent Court. - Until otherwise provided by law, all prosecutions under this Act 
shall he within the original jurisdiction of the Sandiganbayan. 
SECTION 8. Penalties. - 
(A) Adverse Personnel Action. - An officer or employee of the Philippine government 
violating subsection (A) shall be subject to appropriate administrative discipline 
including, when circumstances warrant, suspension from duty without pay or 
removal from ofice. 


(B) Criminal Penalty. - An officer or employee of the Philippine government who 
knowingly and willfully violates subsection (A) shall be fined not less than 
PhP250,OOO and not more than PhP500,000, imprisoned for not more than 5 years, 
plus three (3) times the amount of funds appropriated. 
SECTION 9. Sepcwahr/i@ Clnirse. - If any provision or part thereof, is held invalid or 
uncoastitutional, the remainder of the law or the provision not otherwise affected shall reinain 
valid and subsisting. 
SECTION 10. Repealing CZause. - All laws, decrees, executive orders, rules and 
regulations, and other issuances or parts thereof which are inconsistent with this Act are hereby 
repealed, amended, or modified accordingly. 
SECTION 11. Effectiijity. - This Act shall take effect fifteen (15) days following its 
publication in two (2) national newspapers of general circulation. 
Approved,