REPUBLIC ACT 9006 February 12, 2001 AN ACT TO ENHANCE THE HOLDING OF FREE, ORDERLY, HONEST, PEACEFUL AND

CREDIBLE ELECTIONS THROUGH FAIR ELECTION PRACTICES Se !"#$ 1% Short Title.- This Act shall be known as the "Fair Election Act." Se !"#$ 2% Declaration of Principles. The Senate shall, during the election period, supervise or regulate the enjo !ent or utili"ation o# all #ranchises or per!its #or the operation o# !edia o# co!!unication or in#or!ation to guarantee or ensure e$ual opportunit #or public service, including access to !edia ti!e and space, and the e$uitable right to repl , #or public in#or!ation ca!paigns and #or a a!ong candidates and assure #ree, orderl , honest, peace#ul and credible elections. The State shall ensure that bona #ide candidates #or an public o##ice shall be #ree #ro! an #or! o# harass!ent and discri!ination. Se !"#$ &% Lawful Election Propaganda. Election propaganda, whether on television, cable television, radio, newspapers or an other !ediu! is hereb allowed #or all registered political parties, national, regional, sectoral parties or organi"ations participating under the part list elections and #or all bona #ide candidates seeking national and local elective positions subject to the li!itation on authori"ed e%penses o# candidates and political parties, observance o# truth in advertising and to the supervision and regulation b the &o!!ission on Elections '&()E*E&+. For the purpose o# this Act, law#ul election propaganda shall include, -... /a!phlets, lea#lets, cards, decals, stickers or other written or printed !aterials the si"e o# which does not e%ceed eight and one hal# inches in width and #ourteen inches in length0 -.1. 2andwritten or printed letters urging voters to vote #or or against an particular political part or candidate #or public o##ice0 -.-. &loth, paper or cardboard posters, whether #ra!ed or posted, with an area not e%ceeding two '1+ #eet b three '-+ #eet, e%cept that, at the site and on the occasion o# a public !eeting or rall , or in announcing the holding o# said !eeting or rall , strea!ers not e%ceeding three '-+ #eet b eight '3+ #eet in si"e, shall be allowed, Provided, That said strea!ers !a be displa ed #ive '4+ da s be#ore the date o# the !eeting or rall and shall be re!oved within twent -#our '15+ hours a#ter said !eeting or rall 0 -.5. /aid advertise!ents in print or broadcast !edia, Provided, That the advertise!ents shall #ollow the re$uire!ents set #orth in Section 5 o# this Act0 and -.4. All other #or!s o# election propaganda not prohibited b the (!nibus Election &ode or this Act.

Se !"#$ '% Requirements for Published or Printed and Broadcast Election Propaganda. 5... An newspaper, newsletter, newsweekl , ga"ette or !aga"ine advertising, posters, pa!phlets, co!ic books, circulars, handbills, bu!per stickers, strea!ers, sa!ple list o# candidates or an published or printed political !atter and an broadcast o# election propaganda b television or radio #or or against a candidate or group o# candidates to an public o##ice shall bear and be identi#ied b the reasonabl legible or audible words "political advertise!ent paid #or," #ollowed b the true and correct na!e and address o# the candidate or part #or whose bene#it the election propaganda was printed or aired. 5.1. 6# the broadcast is given #ree o# charge b the radio or television station, it shall be identi#ied b the words "airti!e #or this broadcast was provided #ree o# charge b " #ollowed b the true and correct na!e and address o# the broadcast entit . 5.-. /rint, broadcast or outdoor advertise!ents donated to the candidate or political part shall not be printed, published, broadcast, or e%hibited without the written acceptance b the said candidate or political part . Such written acceptance shall be attached to the advertising contract and shall be sub!itted to the &()E*E& as provided in Subsection 7.-. hereo#. Se !"#$ (% Election Surve s. 4... Election surve s re#er to the !easure!ent o# opinions and perceptions o# the voters as regards a candidate8s popularit , $uali#ications, plat#or!s or a !atter o# public discussion in relation to the election, including voters8 pre#erence #or candidates or publicl discussed issues during the ca!paign period 'herea#ter re#erred to as "Surve "+. 4.1. 9uring the election period, an person, natural as well as juridical, candidate or organi"ation who publishes a surve !ust likewise publish the #ollowing in#or!ation, 'a+ The na!e o# the person, candidate, part or organi"ation who co!!issioned or paid #or the surve 0 'b+ The na!e o# the person, polling #ir! or surve organi"ation who conducted the surve 0 'c+ The period during which the surve was conducted, the !ethodolog used, including the nu!ber o# individual respondents and the areas #ro! which the were selected, and the speci#ic $uestions asked0 'd+ The !argin o error o# the surve 0 'e+ For each $uestion #or which the !argin o# error is greater than that reported under paragraph 'd+, the !argin o# error #or that $uestion0 and '#+ A !ailing address and telephone nu!ber, indicating it as an address or telephone nu!ber at which the sponsor can be contacted to obtain a written report regarding the surve in accordance with Subsection 4.-.

4.-. The surve together with raw data gathered to support its conclusions shall be available #or inspection, cop ing and veri#ication b the &()E*E& or b a registered political part or a bona #ide candidate or b an &()E*E&-accredited citi"en8s ar!. A reasonable #ee su##icient to cover the costs o# inspection, cop ing and veri#ication !a be charged. 4.5. Surve s a##ecting national candidates shall not be published #i#teen '.4+ da s be#ore an election and surve s a##ecting local candidates shall not be published seven ':+ da s be#ore an election. 4.4. E%it polls !a onl be taken subject to the #ollowing re$uire!ents, 'a+ /ollsters shall not conduct their surve s within #i#t '4;+ !eters #ro! the polling place, whether said surve is taken in a ho!e, dwelling place and other places0 'b+ /ollsters shall wear distinctive clothing0 'c+ /ollsters shall in#or! the voters that the !a re#use to answer0 and 'd+ The result o# the e%it polls !a be announced a#ter the closing o# the polls on election da , and !ust clearl identi# the total nu!ber o# respondents, and the places where the were taken. Said announce!ent shall state that the sa!e is uno##icial and does not represent a trend. Se !"#$ 6% Equal !ccess to "edia Time and Space. All registered parties and bona #ide candidates shall have e$ual access to !edia ti!e and space. The #ollowing guidelines !a be a!pli#ied on b the &()E*E&. 7... /rint advertise!ents shall not e%ceed one-#ourth '.<5+ page, in broad sheet and onehal# '.<1+ page in tabloids thrice a week per newspaper, !aga"ine or other publications, during the ca!paign period. 7.1. 'a+ Each bona #ide candidate or registered political part #or a nationall elective o##ice shall be entitled to not !ore than one hundred twent '.1;+ !inutes o# television advertise!ent and one hundred eight '.3;+ !inutes o# radio advertise!ent whether b purchase or donation. 'b+ Each bona #ide candidate or registered political part #or a locall elective o##ice shall be entitled to not !ore than si%t '7;+ !inutes o# television advertise!ent and ninet '=;+ !inutes o# radio advertise!ent whether b purchase or For this purpose, the &()E*E& shall re$uire an broadcast station or entit to sub!it to the &()E*E& a cop o# its broadcast logs and certi#icates o# per#or!ance #or the review

and veri#ication o# the #re$uenc , date, ti!e and duration o# advertise!ents broadcast #or an candidate or political part . 7.-. All !ass !edia entities shall #urnish the &()E*E& with a cop o# all contracts #or advertising, pro!oting or opposing an political part or the candidac o# an person #or public o##ice within #ive '4+ da s a#ter its signing. 6n ever case, it shall be signed b the donor, the candidate concerned or b the dul authori"ed representative o# the political part . 7.5. >o #ranchise or per!it to operate a radio or television stations shall be granted or issued, suspended or cancelled during the election period. 6n all instances, the &()E*E& shall supervise the use and e!plo !ent o# press, radio and television #acilities inso#ar or the place!ent o# political advertise!ents is concerned to ensure that candidates are given e$ual opportunities under e$ual circu!stances to !ake known their $uali#ications and their stand on public issues within the li!its set #orth in the (!nibus Election &ode and ?epublic Act >o. :.77 on election spending. The &()E*E& shall ensure that radio or television or cable television broadcasting entities shall not allow the scheduling o# an progra! or per!it an sponsor to !ani#estl #avor or oppose an candidate or political part b undul or repeatedl re#erring to or including said candidate and<or political part in such progra! respecting, however, in all instances the right o# said broadcast entities to air accounts o# signi#icant news or news worth events and views on !atters o# public interest. 7.4. All !e!bers o# !edia, television, radio or print, shall scrupulousl report and interpret the news, taking care not to suppress essential #acts nor to distort the truth b o!ission or i!proper e!phasis. The shall recogni"e the dut to air the other side and the dut to correct substantive errors pro!ptl . 7.7. An !ass !edia colu!nist, co!!entator, announcer, reporter, on-air correspondent or personalit who is a candidate #or an elective public o##ice or is a ca!paign volunteer #or or e!plo ed or retained in an capacit b an candidate or political part shall be dee!ed resigned, i# so re$uired b their e!plo er, or shall take a leave o# absence #ro! his<her work as such during the ca!paign period, Provided# That an !edia practitioner who is an o##icial o# a political part or a !e!ber o# the ca!paign sta## o# a candidate or political part shall not use his<her ti!e or space to #avor an candidate or political part . 7.:. >o !ovie, cine!atograph or docu!entar portra ing the li#e or biograph o# a candidate shall be publicl e%hibited in a theater, television station or an public #oru! during the ca!paign period. 7.3. >o !ovie, cine!atograph or docu!entar portra ed b an actor or !edia personalit who is hi!sel# a candidate shall be publicl e%hibited in a theater, television station or an public #oru! during the ca!paign period.

Se !"#$ )% !ffirmative !ction b the $%"ELE$. :... /ursuant to Sections =; and =1 o# the (!nibus Election &ode '@atas /a!bansa @ldg. 33.+, the &()E*E& shall procure the print space upon pa !ent o# just co!pensation #ro! at least three '-+ national newspapers o# general circulation wherein candidates #or national o##ice can announce their candidacies. Such space shall be allocated #ree o# charge e$uall and i!partiall a!ong all the candidates #or national o##ice on three '-+ di##erent calendar da s, the #irst da within the #irst week o# the ca!paign period0 the second da within the #i#th week o# the ca!paign period0 and the third da within the tenth week o# the ca!paign period. :.1. The &()E*E& shall also procure #ree airti!e #ro! at least three '-+ national television networks and three'-+ national radio networks, which shall also be allocated #ree o# charge e$uall and i!partiall a!ong all candidates #or national o##ice. Such #ree ti!e shall be allocated on three '-+ di##erent calendar da s0 the #irst da within the #irst week o# the ca!paign period0 the second da within the #i#th week o# the ca!paign period0 and the third da within the tenth weeks o# the ca!paign period. :.-. The &()E*E& !a re$uire national television and radio networks to sponsor at least three '-+ national debates a!ong presidential candidates and at least one '.+ national debate a!ong vice presidential candidates. The debates a!ong presidential candidates shall be scheduled on three '-+ di##erent calendar da s0 the #irst debate shall be scheduled within the #irst and second week o# the ca!paign period0 the second debate within the #i#th and si%th week o# the ca!paign period0 and the third debate shall be scheduled within the tenth and eleventh week o# the ca!paign period. The sponsoring television or radio network !a sell air-ti!e #or co!!ercials and advertise!ents to interested advertisers and sponsors. The &()E*E& shall pro!ulgate rules and regulations #or the holding o# such debates. Se !"#$ *% $%"ELE$ Space and Time. The &()E*E& shall procure shall in at least one '.+ newspaper o# general circulation and air ti!e in at least one '.+ !ajor broadcasting station or entit in ever province or cit , Provided# however# That in the absence o# said newspaper, publication shall be done in an other !aga"ine or periodical in said province or cit , which shall be known as "&()E*E& Space", Provided# further# That in the absence o# said broadcasting station or entit , broadcasting shall be done in an radio or television station in said province or cit , which shall be known as "&()E*E& Ti!e". Said ti!e shall be allocated to the &()E*E& #ree o# charge, while said space shall be allocated to the &()E*E& upon pa !ent o# just co!pensation. The &()E*E& ti!e and space shall be utili"ed e%clusivel b the &()E*E& #or public in#or!ation disse!ination on election-related concerns. Se !"#$ 9% Posting of $ampaign "aterials. The &()E*E& !a authori"e political parties and part -list groups to erect co!!on poster areas #or their candidates in not !ore than ten '.+ public places such as pla"as, !arkets, baranga centers and the like, wherein candidates can post, displa or e%hibit election propaganda, Provided, That the si"e o# the poster areas shall not e%ceed twelve '.1+ b si%teen '.7+ #eet or its e$uivalent.

6ndependent candidates with no political parties !a likewise be authori"ed to erect co!!on poster areas in not !ore than ten '.;+ public places, the si"e o# which shall not e%ceed #our '5+ b si% '7+ #eet or its e$uivalent. &andidates !a post an law#ul propaganda !aterial in private places with the consent o# the owner thereo#, and in public places or propert which shall be allocated e$uitabl and i!partiall a!ong the candidates. Se !"#$ 10% Right to Repl . All registered parties and bona #ide candidates shall be have the right to repl to charges published against the!. The repl shall be given publicit b the newspaper, television and<or radio station which #irst printed or aired the charges with the sa!e pro!inence or in the sa!e page or section or in the sa!e ti!e slot as the #irst state!ent. Se !"#$ 11% Rates for Political Propaganda. 9uring the election period, !edia outlets shall charge registered political parties and bona #ide candidates a discounted rate o# thirt percent '-;A+ #or television, twent percent '1;A+ #or radio and ten '.;A+ #or print over the average rates charged during the #irst three $uarters o# the calendar ear preceding the elections. Se !"#$ 12% Substitution of $andidates. 6n case o# valid substitutions a#ter the o##icial ballots have been printed, the votes cast #or the substituted candidates shall be considered as stra votes but shall not invalidate the whole ballot. For this purpose, the o##icial ballots shall provide spaces where the voters !a write the na!e o# the substitute candidates i# the are voting #or the latter, Provided# however# That i# the substitute candidate o# the sa!e #a!il na!e, this provision shall not appl . Se !"#$ 1&% !uthorit of the $%"ELE$ to Promulgate Rules& Election %ffenses. The &()E*E& shall pro!ulgate and #urnish all political parties and candidates and the !ass !edia entities the rules and regulations #or the i!ple!entation o# this Act, consistent with the criteria established in Article 6B-&, Section 5 o# the &onstitution and Section 37 o# the (!nibus Election &ode '@atas /a!bansa @ldg. 33.+. ?ules and regulations pro!ulgated b the &()E*E& under and b authorit o# this Section shall take e##ect on the seventh da a#ter their publication in at least two '1+ dail newspapers o# general circulation. /rior to e##ectivit o# said rules and regulations, no political advertise!ent or propaganda #or or against an candidate or political part shall be published or broadcast through !ass !edia. Ciolation o# this Act and the rules and regulations o# the &()E*E& issued to i!ple!ent this Act shall be an election o##ense punishable under the #irst and second paragraphs o# Section 175 o# the (!nibus Election &ode '@atas /a!bansa @ldg. 33.+. Se !"#$ 1'% Repealing $lause. Section 7: and 34 o# the (!nibus Election &ode '@atas /a!bansa @ldg. 33.+ and Sections .; and .. o# ?epublic Act >o. 7757 are hereb repealed. As a conse$uence, the #irst proviso in the third paragraph o# Section .. o# ?epublic Act >o. 35-7 is rendered ine##ective. All laws, presidential decrees, e%ecutive orders, rules and regulations, or

an part thereo# inconsistent with the provisions o# this Act are hereb repealed or !odi#ied or a!ended accordingl . Se !"#$ 1(% Separabilit $lause. 6# an provision or part hereo# is held invalid or unconstitutional, the re!ainder o# this Act not otherwise a##ected shall re!ain in #ull #orce and e##ect. Se !"#$ 16% Effectivit . This Act shall take e##ect i!!ediatel upon its approval. Approved, Februar .1, 1;;.

'Sgd.+ GLORIA +ACAPAGAL,ARROYO President of the Philippines