SEVENTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

SENATE 18 AUG 15 P6 50

S.No._1946

Introduced by Senator Richard J. Gordon

AN ACT REFORMING ELECTORAL CAMPAIGN BY INSTITUTING
COMMON CAMPAIGN ADVERTISEMENTS, STAGING OF TOWN-HALL
STYLE DEBATES, DESIGNATION OF COMMON POSTER AREAS IN
EVERY BARANGAY, THE PROHIBITION OF PUBLICATION OF POLLS
AND SURVEYS DURING THE CAMPAIGN PERIOD.

EXPLANATORY NOTE

Section 26 of Article Il of the 1987 Constitution provides, in part, that “[t]he
State shall guarantee equal access to opportunities for public service.” The
opportunity to hold a public office for public service, particularly elective public
offices, must therefore be made equally accessible to qualified citizens,
notwithstanding their economic capacity to launch or sustain a campaign, with the
objective of holding free, orderly, honest, peaceful and credible elections.

As it is, wealthy candidates have the funds to engage in campaign activities,
including spending on expensive television advertisements. Candidates who have
financial resources have an unfair advantage over poor candidates who have no
funds or have meager funds to secure print space and airtime, and yet, may be
equally qualified and deserving. At the same time, electoral campaigns have been
short on substantive debates on issues, policy statements, and explanation of
platform to the people. These are meant to help less wealthy but qualified
candidates remain competitive in races against well-funded opponents.

This measure seeks to establish fairness and equity in elections, and ensure
the ability of all candidates to compete in the elections by leveling the political
playing field and reducing the influence of financial resources on the outcome of
elections. This measure is intended to act as an equalizer between the rich and poor
candidates. The publication in any form of media or broadcast coverage of results of
electoral polls and surveys, researches, and analyses related to the preferences of
voters in the elections shall also be prohibited during the campaign period and up to
the day of elections in order to prevent the same from influencing the preference of
votrs.

In view of the foregoing, the immediate approv: Sbill is hereby sought.

p—


SEVENTEENTH CONGRESS OF THE —)

REPUBLIC OF THE PHILIPPINES )
Third Regular Session )
SENATE 18 AUG IS P61
S.No.
REC.
Introduced by Senator Richard J. Gordon ~

AN ACT REFORMING ELECTORAL CAMPAIGN BY INSTITUTING
COMMON CAMPAIGN ADVERTISEMENTS, STAGING OF TOWN-HALL
STYLE DEBATES, DESIGNATION OF COMMON POSTER AREAS IN
EVERY BARANGAY, THE PROHIBITION OF PUBLICATION OF POLLS
AND SURVEYS DURING THE CAMPAIGN PERIOD.

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short title. - This Act shall be known as the “Campaign Reforms Act of
2018.”

SEC. 2. Policy of the law. - Section 26 of Article II of the 1987 Constitution provides
that “[t]he State shall guarantee equal access to opportunities for public service.” It
is therefore the policy of the law to establish fairness and equity in elections and
make the opportunity to hold a public office for public service, particularly elective
public offices, equally accessible to qualified citizens. Furthermore, it is the policy of
the law to encourage greater voter participation in elections.

SEC. 3. Prohibition against election publicity or propaganda. - During the
campaign period, no paid publicity or propaganda relating to the elections, whether
by means of broadcast on television, radio, printed or social media, or through
wireless or digital means, shall be made or caused to be made by any person except
the Commission on Elections.

Any person found guilty of violating this Section shall be punished with
imprisonment of not less than one (1) year but not more than six (6) years and shall
not be subject to probation. In addition, any person convicted of violating this
section shall be sentenced to suffer disqualification to hold public office and
deprivation of the right of suffrage. Any political party found guilty shall be
sentenced to pay a fine of not less than ten (10) million pesos, which shall be
imposed upon such party after criminal action has been instituted in which their

corresponding officials have been found guilty.



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SEC. 4. COMELEC Time and COMELEC Space for common campaign
advertisement for candidates for President, Vice President and Senator. - The
Commission on Elections shall acquire radio and television time from all nationwide
radio and television stations to be known as “COMELEC Time”, which shall be used
for common campaign advertisements and debates among the duly-registered
candidates for President, Vice President and Senator within the area of coverage of
such radio and television stations. For this purpose, the franchise of all radio
broadcasting and television stations are hereby amended so as to provide radio and
television time, free of charge, to the COMELEC during the campaign period to
implement this section.

Radio and television stations, newspapers, magazines, other printed media, and
digital media content producers may stage candidate debates, provided that they
are not owned or controlled by a political party, political committee or a candidate.
Nothing in this Section shall be construed to restrict any person’s expression of
belief in a candidate or opinion of his or her qualifications, or the flow of media
reporting.

SEC. 5. COMELEC Time and Space for common campaign advertisement for
candidates for Member of the House of Representatives and elective local
government positions, except elective barangay positions. - The Commission on
Elections shall acquire radio and television time from all local radio and television
stations, which shall be used for common campaign advertisements for, and debates
among, candidates for Member of the House of Representatives and local
government positions, except elective barangay positions, within the area of
coverage of such local radio and television stations. For this purpose, the franchise
of all local radio broadcasting and television station are hereby amended so as to
provide radio or television time, free of charge, to the COMELEC during the
campaign period to implement this section.

SEC. 6. COMELEC-organized town hall-style debates. - During the campaign
period, the Commission on Elections shall organize or cause to be organized town
hall-style debates among candidates for all elective positions in every city and
municipality. Radio and television stations, newspapers, magazines, other printed
media, and digital media content producers may televise, broadcast, or report on

candidate debates under this section.



SEC. 7. COMELEC Space. - Election Officers shall designate in every barangay
common areas for posting of election paraphernalia by candidates, which may only
be displayed in such places, subject to the following limitations:

A. For barangays with 1,000 registered voters, there shall be one (1) common
poster area in the barangay;

B. For barangays with more than 1,000 registered voters, there shall be one (1)
common poster area for every 1,000 registered voters;

C. Such common poster areas shall be located in barangay centers, barangay
halls, and other such places, where election paraphernalia may be readily
seen.

SEC. 8. Prohibition of publication of polls and surveys during the campaign
period. - The publication in any form of media or broadcast coverage of results of
electoral polls and surveys, researches, and analyses related to the preferences of
voters in the elections shall be prohibited during the campaign period and up to the
day of elections.

Any person found guilty of violating this Section shall be punished with
imprisonment of not less than one (1) year but not more than six (6) years and shall
not be subject to probation. In addition, the guilty party shall be sentenced to suffer
disqualification to hold public office and deprivation of the right of suffrage. Any
political party found guilty shall be sentenced to pay a fine of not less than ten (10)
million pesos, which shall be imposed upon such party after criminal action has
been instituted in which their corresponding officials have been found guilty.

SEC. 9. Implementing Rules and Regulations. - Within sixty (60) days from the
implementation of this Act, the COMELEC shall promulgate rules and regulations
implementing this Act.

SEC. 10. Repealing Clause. - All other laws, acts, presidential decrees, executive
orders, issuances, presidential proclamations, rules and regulations or parts thereof,
which are contrary to and inconsistent with any provision of this Act are hereby
repealed, amended, or modified accordingly.

SEC. 11. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby

shall remain in force and effect.



SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days following the
completion of its publication either in the Official Gazette or in a newspaper of
general circulation in the Philippines.

Approved,