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Can local candidates still donate?

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#AskGoyo

By ATTY. GREGORIO LARRAZABAL

Atty. Gregorio Larrazabal

Atty. Gregorio Larrazabal

With the campaign period for national candidates starting last week, February 12, to be specific, let’s go over some of the basics on the limits on the sizes of campaign materials and frequency of ads in newspapers/magazines and TV/radio ads.

What are the limits on posters, streamers, pamphlets, stickers, decals, and other printed materials?

The limits for printed propaganda materials are:

8—1/2” x 14”  — pamphlets, decals, stickers, or other printed materials.

2’ x 3’ — posters.

3’ x 8’ — streamers during rallies, but should be removed 24 hours after the rally sizes allowed in official headquarters.

The materials have to include the name of the donor and his address, and the name and address of the candidate or political party for whom the material was made.

The limits as regards the sizes apply to both national and local candidates.

What are the limits to broadcast election propaganda on TV and radio?

The limits are:

National  —        120 minutes of television advertising per station; 180 minutes of radio advertising per station,

Local —    60 minutes of television advertising per station; 90 minutes of radio advertising per station.

For ads in newspapers, magazines, and tabloids, the limits are:

Printed/published election propaganda in broadsheets — ¼ page; tabloids —½ page.

Candidates or political parties can have ads no more than three times a week per newspaper, magazine, or other publication during the campaign period.  Rule applies to national and local candidates.

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I also need to discuss an issue which a lot of people have been asking me.  This is with refence to the prohibition on giving donations or gifts in cash or in kind, as contained in Comelec Resolution No. 10429, implementing Sec. 104 of the Omnibus Election Code.

When does the prohibition to “give donations or gifts in cash or in kind, etc.” take effect for candidates?

Comelec Resolution No. 10429 stipulated that the period for such prohibition as provided for in Resolution is from February 12, 2019 (Tuesday) to May 13, 2019 (Monday).  This appears on Page 7 of the resolution.  The prohibition applies to all candidates running in the May 13, 2019, national and local elections as there is no prohibition listed in the resolution that is due to start on March 29, 2019, for candidates running for local elective positions.

In as much as the campaign period for national positions (candidates for Senator and party-list groups starts on 12 February 2019, the prohibition should appropriately start on the same date.

However, as the campaign period for candidates for members of the House of Representatives, and elective regional, provincial, city, and municipal offices starts on March 29, 2019 (Sec. 5 (b), R.A. 7166), there is a need to clarify that the prohibition on “Giving donations or gifts in cash or in kind, etc.” for Local positions starts at a later date.  Based on the law itself, the prohibition starts at the beginning of the campaign period.  Thus, the appropriate date for the prohibition to start for candidates running in local elective positions should be March 29, 2019, instead of February12, 2019.

I wrote Comelec to help clarify this, and Comelec agreed with my stand on the issue.

As stated above, and in accordance with the law, the prohibition on prohibition to “give donations or gifts in cash or in kind, etc.” for Local candidates does not start on February 12, 2019.  The prohibition starts on March 29, 2019.

Feel free to send me your questions thru:

Twitter:             https://twitter.com/GoyYLarrazabal

Facebook:          https://www.facebook.com/GoyYLarrazabal/

Email:               larrazaballaw@gmail.com

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