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RE: DRAFT IMPLEMENTING RULES & REGULATIONS FOR RA 9006 (THE FAIR ELECTION ACT)

The Draft is largely based upon COMELEC Resolution 9615, promulgated on the 15th of January 2013, with the
following significant amendments:
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SECTION 1. Definition of terms (Lines 27-107). The terms being defined have been rearranged in
alphabetical order.
SECTION 6. Lawful Election Propaganda (Lines 179-180). The line Parties are required to indicate in
their campaign materials the phrase: This material should be recycled, has been inserted. This
amendment was inserted to emphasize the Commissions commitment to conducting ecologically friendly
elections.
SECTION 7. Prohibited Forms of Election Propaganda (Lines 183-246) was shortened with the deletion of
the following sub-section:
5. Within the premises of public transport terminals, such as bus terminals, airports, seaports, docks,
piers, train stations, and the like.
The violation of item 5 under subsection (g) shall be a cause for the revocation of the public utility
franchise and will make the owner and/or operator of the terminal liable for an election offense under
Section 9 of Republic Act No. 9006 as implemented by Section 37 of these Rules.
The deletion was effected in compliance with the Supreme Courts ruling in 1-United Transport Koalisyo
(1-Utak) Vs. Commission on Elections (G.R. No. 206020. April 14, 2015).

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SECTION 9. Requirements and/or Limitations on the Use of Election Propaganda through Mass Media
(Lines 305-310). The lines In case a candidate does not avail of the thrice a week right to have his
advertisement published in a newspaper or tabloid, the unused right for a certain week may be carried
over to another week at the option of the candidate, and Moreover, candidates for national and local
positions are permitted to cumulate their one fourth (1/4) or one-half (1/2) page allocation, as the case
may be, in a one-page advertisement, have been inserted.
This amendment was proposed by the United Print Media Group - the organization of major dailies,
magazines and tabloids circulated in the Philippines and foreign countries as part of its advocacy for
greater parity in the treatment of the print media and broadcast media.

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SECTION 9. Requirements and/or Limitations on the Use of Election Propaganda through Mass Media
(Lines 263-272) was amended to remove aggregate time limits to broadcast election propaganda,
pursuant to the Supreme Courts ruling in GMA Network, Inc. et al. v. COMELEC (G.R. No. 205357, 2
September 2014).
An entirely new SECTION 10. Written Acceptance of Election Propaganda and/or Political Advertisements
(Lines 371-378) was added to harmonize the IRR with the requirements of COMELEC Resolution 9991; and
An entirely new SECTION 11. Reporting Requirements to be Submitted by Mass Media Entities,
Contractors and Business Firms (Lines 380-443) was inserted to bring the reporting requirements
associated with the Fair Elections Act IRR in line with the COMELECs new campaign finance rules.