Hizonjosemaria

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Unformatted text preview: le a certificate of candidacy on any day within the prescribed period for filing a certificate of candidacy yet that person shall be considered a candidate, for purposes of determining one’s possible violations of election laws, only during the campaign period. (Penera v. COMELEC, G.R. No. 181613, Nov. 25, 2009) 2. Prohibited Contributions Q: What are considered as lawful election propaganda? A: 1. Written printed materials (does not exceed 8 ½ in. width by 14 in. length) 2. Handwritten/printed letters 3. Posters (not exceeding 2 x 3 ft.). However, a public meeting or rally, at the site and on the occasion of a public meeting or rally, may be displayed five (5) days before the date of rally but shall be removed within 24 hours after said rally 4. Print ads – ¼ page in broadsheets and ½ page in tabloids thrice a week per newspaper, magazine or other publication during the campaign period; 5. Broadcast media (i.e. TV and radio) 6. All other forms of election propaganda not prohibited by the Omnibus Election Code or this Act. (Sec. 3, R.A. No. 9006) 170 ALLOWABLE COMELEC AIR TIME FOR CANDIDATES (Fair Elections Act) NATIONAL POSITIONS LOCAL POSITIONS 120 minutes for TV 60 minutes for TV 180 minutes for radio 90 minutes for radio Note: COMELEC cannot compel newspapers of general circulation to donate free print space as COMELEC space without payment of just compensation. Such compulsion amounts to taking; hence, it is an exercise of eminent domain and not of police power (Philippine Press Institute v. COMELEC, G.R. No. 119694, May 22, 1995). The payment of just compensation is now expressly provided under sec. 7 of the Fair Elections Act. However, all broadcasting stations, whether by radio or television stations, which are licensed by the government, do not own the airways and frequencies; they are merely given the temporary privilege of using them. A franchise is a privilege subject to amendment, and the provision of BP 881 granting free airtime to the COMELEC is an amendment of the franchise of radio and television stations (Telecommunications and Broadcast Attorneys of the Philippines v. COMELEC, G.R. No. 132922, Apr. 21, 1998). Payment of just compensation is not necessary since it is a valid exercise of...
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