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FIFTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
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Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
The media has proven its immense power in carrying messages to the public, 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 could not be concealed that access to media and advertisements are obviously 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 prone to use public resources, including 
intemai mail system or electronic mail system, for political advertising. 
This bill seeks to prohibit the use of public funds or resources to make communications 
that contain political advertising. 
In view of the foregoing, the immediate approval of this bill is earnestly sought. 
~tl. 
TmLLANES IV 
Senator 
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FIFTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
s.(1.io. 191 
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 it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled 
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SECTION 1. Definition of Terms -- As used in this Act, the following terms 
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shall mean: 
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a) "Electronic mail system" means a system for transmitting messages 
4 
electronically; 
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b) "Internal mail system" means a system operated by an agency or political 
6 
subdivision to deliver written documents to officers or employees of the 
7 
agency; 
8 
c) "Political advertising" means a communication supporting or opposing a 
9 
candidate for nomination or election to a public office or office of a 
10 
political party, a political party, a public officer or a measure that: 
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1) in return for consideration, is published in a -newspaper, magazine, 
12 
or other periodical or is broadcast by radio or television; or 
13 
2) appears in a pamphlet, circular, flier, billboard or other sign, 
14 
bumper sticker, or similar forn} of written communication. 
15 
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 
2 
communication in almost any written or broadcast form, such as a billboard, a flier, a 
3 
newsletter, a poster, a television or radio ad, or an Internet site. 
4 
d) "agency" means a department, commission, board, office, or other agency 
5 
that is in the legislative, executive, or judicial branch of government; or a 
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university system or an institution of higher education. 
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SEC. 2. Unlawfol Use of Public Funds or Resources for Political Advertising -
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Section 261 of the Batas Pambansa Bilang 881 of the Philippines, otherwise known as 
10 
the "Omnibus Election Code", and herein referred to as the Act, is amended by adding 
II 
the following subsections to read as follows: 
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"Sec. 261. Prohibited Acts. - The following shall be guilty of an election 
13 
offense: 
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(0) Use of public funds, money deposited in trust, equipment, facilities owned 
15 
or controlled by the govemment for-an election campaign. - Any person 
16 
who uses under any guise whatsoever, directly or indirectly, (1) public 
17 
funds or money deposited with, or held in trust by, public financing 
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institutions or by government offices, banks, or agencies; (2) any printing 
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press, radio, or television station or audio-visual equipment operated by 
20 
the Government or by its divisions, sub-divisions, agencies or 
21 
instrumentalities, including government-owned or controlled corporations, 
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or by the Armed Forces of the Philippines; [or] (3) any equipment, 
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vehicle, facility, apparatus, or paraphernalia owned by the government or 
24 
by its political subdivisions, agencies including government-owned or 
25 
controlled corporations, or by the Armed Forces of the Philippines for any 
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election campaign or for any partisan political activity; OR (4) PUBLIC 
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FUNDS OR RESOURCES, INCLUDING AN INTERNAL MAIL 
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SYSTEM OR ELECTRONIC MAIL SYSTEM, FOR POLITICAL 
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ADVERTISING, INCLUDING THE DISTRIBUTION OF POLITICAL 
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ADVERTISING; 
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THIS SECTION DOES NOT APPLY TO: 
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i) 
A COMMUNICATION THAT FACTUALLY DESCRIBES 
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PURPOSES OF A MEASURE, IF THE COMMUNICATION DOES 
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NOT ADVOCATE PASSAGE OR DEFEAT OF THE MEASURE; 
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3 
4 
5 
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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 DISTRIBUTE POLITICAL ADVERTISING THAT IS 
THE SUBJECT OF, OR IS RELATED TO, AN INVESTIGATION, 
HEARING, OR OTHER OFFICIAL PROCEEDING OF THE AGENCY 
OR POLITICAL SUBDIVISION. 
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SEC. 3. Separability Clause. - If any provision of this Act shall at any time be 
12 
found to be unconstitutional or invalid, the remainder thereof not affected by such 
13 
declaration shall remain in full force and effect. 
14 
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SEC. 4. Repealing Clause. - All laws, decrees, rules or regulations inconsistent 
16 
with the provisions of this Act are hereby repealed or modified accordingly. 
17 
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SEC. 5. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
19 
following its complete publication in two (2) newspapers of general circulation. 
Approved, 
3