From: Anne Janelle B. GuanDate: June 3, 2015RE: Legal Opinion regarding the law on Political Advertisement in the Philippines

Sir/Madam,Throughout the record, political advertisement plays a big role in election campaign by the candidates and/or political parties. Advertising lately has to a great extent evolved for better and/or for worse. It is defined as a brief recorded public advertisement that permits political subject to speak intimately and directly with masses of people, through its words and/or visual image. It is important nowadays, as it helps the political candidates, political parties, groups or coalitions to bring issues and controversy directly to the people which visions to persuade their decision making process. After airing such political advertisement, the registered voters may later select on the basis of what they just saw and may, in turn, decide intelligently relying upon the issues presented by the candidates and their strategies of resolving the same. Aspiring political subjects anticipate that their TV commercials would help them influence millions of Filipinos to vote for them. Thus, they come up with different advertising tactic to communicate with the audience with a goal to win their votes. Election Propaganda or Political Advertisement may be in positive or negative form; (1)negative campaign advertising includes persuasively attacking the persons strength and his reputationand highlighting the weaknesses withinwith facts that can be documented; and (2)apparently, it will be a positive advertisement if the ads will highlight the strength of the candidates.

Political Advertising law in the Philippines

Fair Election Act (Republic Act 9006), which was enacted into law last 12 February 2001, amended and repealed Sections 67 and 85 of Batas Pambansa 881 known as the Omnibus Election Code, Sections 10 and 11 of Republic Act. No. 6646 known as the Electoral Reform Law and Section 11, paragraph 3 of Republic Act. No. 8436, likewise, known as the Law on Automated System of Election. It similarly provides for the holding of free, orderly, honest, peaceful and credible elections through fair election practices. Section 2 of RA 9006 (Declaration of Principles)states the State shall, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of media of communication or information to guarantee or ensure equal opportunity for public service, including access to media time and space, and the equitable right to reply, for public information campaigns and fora among candidates and assure free, orderly, honest. peaceful and credible elections. The State also shall ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination.

Section 4 (RA 9006) provides further the requirements for Published and Broadcast Election Propaganda:

4.1 Any newspaper, newsletter, newsweekly, gazette or magazine advertising, posters, pamphlets, comic books, circulars, handbills, bumper stickers, streamers, simple list of candidates or any published or printed political matter and any broadcast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words "political advertisement paid for," followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired.

4.2 If the broadcast is given free of charge by the radio or television station, it shall be identified by the words "airtime for this broadcast was provided free of charge by" followed by the true and correct name and address of the broadcast entity.

4.3 Print, broadcast or outdoor advertisements donated to the candidate or political party shall not be printed, published, broadcast or exhibited without the written acceptance by the said candidate or political party. Such written acceptance shall be attached to the advertising contract and shall be submitted to the COMELEC.

Furthermore, Section. 10 of the same law entitled the candidates the Right to reply. It means that All registered parties and bona fide candidates shall have the right to reply to charges published against them. The reply shall be given publicity by the newspaper, television and/or radio station which first printed or aired the charges with the same prominence or in the same page or section or in the same time slot as the first statement.

Pursuant to the Resolution No. 9615 filed by the COMELEC, OTHERWISE KNOWN AS THE FAIR ELECTION ACT, IN CONNECTION TO THE 13 MAY 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS says:

SECTION 1. Definitions- As used in this Resolution:

1. The term election campaign or partisan political activity refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office, and shall include any of the following:c. Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office;d. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; ore. Directly or indirectly soliciting votes, pledges or support for or against any candidate.

Personal opinions, views, and preferences for candidates, contained in blogs shall not be considered acts of election campaigning or partisan political activity unless expressed by government officials in the Executive Department, the Legislative Department, the Judiciary, the Constitutional Commissions, and members of the Civil Service.

Section 4. The term POLITICAL ADVERTISEMENT OR ELECTION PROPAGANDA refers to any matter broadcasted, published, printed, displayed or exhibited, in any medium, which contain the name, image, logo, brand, insignia, color motif, initials, and other symbol or graphic representation that is capable of being associated with a candidate or party, and is intended to draw the attention of the public or a segment thereof to promote or oppose, directly or indirectly, the election of the said candidate or candidates to a public office. In broadcast media, political advertisements may take the form of spots, appearances on TV shows and radio programs, live or taped announcements, teasers, and other forms of advertising messages or announcements used by commercial advertisers.Political advertising includes matters, NOT FALLING WITHIN THE SCOPE OF PERSONAL OPINION, that appear on any Internet website, including, but not limited to, social networks, blogging sites, and micro-blogging sites, in return for consideration, or otherwise capable of pecuniary estimation.

SECTION 7.Prohibited Forms of Election Propaganda. - During the campaign period, it is unlawful:a.To print, publish, post or distribute any newspaper, newsletter, newsweekly, gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper sticker, poster, comic book, circular, handbill, streamer, sample list of candidates or any published or printed political matter and to air or broadcast any election propaganda or political advertisement by television or radio or on the internet for or against a candidate or group of candidates to any public office, unless they bear and be identified by the reasonably legible, or audible words political advertisement paid for, followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. It shall likewise be unlawful to publish, print or distribute said campaign materials unless they bear, and are identified by, the reasonably legible, or audible words political advertisements paid by, followed by the true and correct name and address of the payor.b.To print, publish, broadcast or exhibit any such election propaganda donated or given free of charge by any person or publishing firm or broadcast entity to a candidate or party without the written acceptance by the said candidate or party and unless they bear and be identified by the words "printed free of charge, or airtime for this broadcast was provided free of charge by, respectively, followed by the true and correct name and address of the said publishing firm or broadcast entity;c.To show, display or exhibit publicly in a theater, television station, or any public forum any movie, cinematography or documentary portraying the life or biography of a candidate, or in which a character is portrayed by an actor or media personality who is himself a candidate;d.For any newspaper or publication, radio, television or cable television station, or other mass media, or any person making use of the mass media to sell or to give free of charge print space or air time for campaign or election propaganda purposes to any candidate or party in excess of the size, duration or frequency authorized by law or these rules;e.For any radio, television, cable television station, announcer or broadcaster to allow the scheduling of any program, or permit any sponsor to manifestly favor or oppose any candidate or party by unduly or repeatedly referring to, or unnecessarily mentioning his name, or including therein said candidate or party; andf.To post, display or exhibit any election campaign or propaganda material outside of authorized common poster areas, in public places, or in private properties without the consent of the owner thereof.

SECTION 6.Lawful Election Propaganda.- Election propaganda, whether on television or cable television, radio, newspaper or any other medium, is hereby allowed for all parties and for all bona fide candidates seeking national and local elective positions subject to the limitation on authorized expenses of candidates and parties, observation of truth in advertising, and to the supervision and regulation by the Commission.Lawful election propaganda shall include:a. Paid advertisements in print or broadcast media subject to the requirements set forth inSection 9hereof andRepublic Act No. 9006

NEGATIVE CAMPAIGN OR NEGATIVE POLITICAL ADVERTISEMENTElection Propaganda or Political Advertisement may be in positive or negative form. James Angelini, professor of communication at the University of Delaware made it clear that based from factual studies, negative campaign ads that cost millions of dollars have a physiological and psychological effect on voters. The findings are based on study made by Angelini, in alliance with Samuel Bradley, assistant professor of advertising at Texas Tech University, and Sungkyoung Lee of Indiana University, which used ads that aired during the 2000 presidential election. In the said research, it was found that negative political advertising makes the body want to turn away physically, but the mind remembers negative messages, though sometimes incorrectly, Angelini says. (Newswise, University of Delaware 2008). In florida USA, Negative campaign advertising is divided into three categories: fair, false, and deceptive. A fair ad represents factual events of embarrassing an opponent by means of giving emphasis on the negative attributes of the opponent's character or career.False ads, unlike fair ads, can be challenged through the Florida Division of Elections if they contain untrue statements made with actual malice. (Ferguson, 1997.) False campaign advertising is prohibited in many countries, and defamation suits often arise when such advertising is used. Here in our country, Article 353 of the Revised Penal Code of the Philippines defines libel, as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to discredit or cause the dishonor or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Hence, the elements of libel are: (a) imputation of a discreditable act or condition to another; (b) publication of the imputation; (c) identity of the person defamed; and, (d) existence of malice.[Daez v. Court of Appeals, G.R. No. 47971, 31 October 1990, 191 SCRA 61, 67). In libel cases, the issue is not what the writer of an alleged libel means, but what the words used by him mean. Jurisprudence has laid down a test to determine the defamatory character of words used in the following manner, viz:Words calculated to induce suspicion are sometimes more effective to destroy reputation than false charges directly made. Ironical and metaphorical language is a favored vehicle for slander. A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person or persons against whom they were uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue, or reputation, or to hold the person or persons up to public ridicule. . . . [Lacsa v. Intermediate Appellate Court, 161 SCRA 427 (1988) citing U.S. v. O'Connell, 37 Phil. 767 (1918)]

CONCLUSION AND RECOMMEDATION:To simplify election case law, political advertisement is pervasive and inescapable. It is allowed in the Philippines as a mean of effective campaign strategies by all political candidates: whether negative or positive. It requires creativity, critical thinking and money. However, it is subject to responsibility and special fix restrictions. Negative campaign is inimical to the interest of one aspiring politicians but it can likewise result to affirmative election standing of another. Republic Act No. 9006 lifted the ban on the utilization of political or election propaganda advertisements through mass media by candidates, political parties, groups, or coalitions. The selling or giving free of charge by mass media for campaign or political purposes of print space, airtime to candidates /political parties is now allowed under Sec. 4 and 6 of said Act which has repealed Section 11(b) of Republic Act No. 6646 and Sections 90, 92 of Omnibus Election Code. Donation, on the other hand, paid print / broadcast advertisements are subject to certain prescribed fixed requirements. In the same law, it is must bear and be identified by the legible/audible word political advertisement paid for followed by the true and correct name and address of the candidate/political party for whose benefit the propaganda was printed or aired.

In addition, The term election campaign or partisan political activity refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office, and shall include: Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office; Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or Directly or indirectly soliciting votes, pledges or support for or against any candidate. Moreover, Personal opinions, views, and preferences for candidates, contained in blogs shall not be considered acts of election campaigning or partisan political activity unless expressed by government officials in the Executive Department, the Legislative Department, the Judiciary, the Constitutional Commissions, and members of the Civil Service. Thus, based from the foregoing, it should be allowed to conduct a political advertisement supporting or opposing the election of any candidate provided that it be supported by factual and substantial evidence.

It should be likewise noted that the term POLITICAL ADVERTISEMENT OR ELECTION PROPAGANDA refers to any matter broadcasted, published, printed, displayed or exhibited, in any medium, which contain the name, image, logo, brand, insignia, color motif, initials, and other symbol or graphic representation that is capable of being associated with a candidate or party, and is intended to draw the attention of the public or a segment thereof to promote or oppose, directly or indirectly, the election of the said candidate or candidates to a public office. In broadcast media, political advertisements may take the form of spots, appearances on TV shows and radio programs, live or taped announcements, teasers, and other forms of advertising messages or announcements used by commercial advertisers. Political advertising includes matters, NOT FALLING WITHIN THE SCOPE OF PERSONAL OPINION, that appear on any Internet website, including, but not limited to, social networks, blogging sites, and micro-blogging sites, in return for consideration, or otherwise capable of pecuniary estimation.. As such, it is also clear that fair negative campaign is allowed in the Philippines and those falling under the category of FALSE CAMPAIGN should not be permitted by law. In addition thereto, When Fair Election Act (Republic Act 9006) was first enacted in 2001, the Commission on Election (COMELEC) permitted each national candidate a maximum aggregate of 120 minutes of TV ads and 180 minutes of radio ads. However, during the incumbency of COMELEC Chairman Benjamin Abalos in 2004, he again interpreted the law and allowed each candidate 120 minutes per TV station and 180 minutes per radio station. This interpretation was observed until the 2010 presidential elections. So on year 2013, the Comelec under the leadership of Chairman Sixto Brillantes Jr, adopted again the original airtime limits. The original airtime limits as provided by the law.

Finally, What would be beneficial to public would be the limit of strategies by the candidates that would give the voters enough information which might help in the selection process. This paper focused on the issue of: How much is the ENOUGH political strategy for the electorates to decide well?. I believe candidates must be ACCOUNTABLE TO THE PEOPLE not only during and after election but also even before the same. Hence, I suggest that if an advertisement is true, fair, and relevant, it can be aired in good conscience. Pursuant to all relevant laws pertinent to Political advertisement cases, maybe its about time for our country to allow all candidates during campaign period or after filing their Certification of Candidacy, to publish, print, display or exhibit informations, pictures or any forms of symbols, in any medium, any kinds of promotion or oppositionn, directly or indirectly for or against another political candidates, PROVIDED, THERE ARE SUBSTANTIAL EVIDENCE AGAINT THE LATTER, PROVIDED FURTHER, THAT THE NAMES OF PERSONS RESPONSIBLE FOR PUBLISHING, PRINTING, DISPLAYING, OR EXHIBITING THE SAME SHOULD LIKEWISE BE IDENTIFIED. On a public communication that is authorized and paid for by a candidate or his/her campaign committee, the disclaimer notice must identify who paid/ or responsible for the advertisement and as answer to the claim against him, Section 10 of Ra 9006 guaranteed the adverse candidates the Right to reply. It means that All registered parties and bona fide candidates shall have the right to reply to charges published against them. The reply shall be given publicity by the newspaper, television and/or radio station which first printed or aired the charges with the same prominence or in the same page or section or in the same time slot as the first statement. In both instances, the disclaimer notice must identify who paid for the advertisement if it is paid authorized advertisement, and identify also who paid for the same and state as well that the advertisement was not authorized by any candidate or candidate's committee and list the permanent street address, telephone number or address of the person who paid for the communication and etc, if it is a political advertisement that is not authorized by a candidate or his/her campaign committee. In such case, it will manifest DEMOCRACY here in our country; it is also a way of leaving the electorates the position to decide intelligently and wisely based form the ads and other external factor..It should be done by ALL CANDIDATES without the fear of filing a libel case against them.

Most Sincerely,ANNE JANELLE B. GUAN

REFERENCES:Republic Act 9006, otherwise known as Fair ElectionActCOMELEC Resolution No. 9615, OTHERWISE KNOWN AS THE FAIR ELECTION ACT, IN CONNECTION TO THE 13 MAY 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS

COMELEC Resolution No. 8758, RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9006,OTHERWISE KNOWN AS THE FAIR ELECTION PRACTICES ACT, IN RELATION TO THE MAY 10, 2010 SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS

COMELEC Resolution No. 9043 RULES AND REGULATIONS GOVERNING ELECTION CAMPAIGN, PROPAGANDA, CONTRIBUTIONS AND EXPENDITURES IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTION SCFERGUSON III, CLEVELAND * THE POLITICS OF ETHICS AND ELECTIONS: CAN NEGATIVE CAMPAIGN ADVERTISING BE REGULATED IN FLORIDA? 1997 FLORIDA STATE UNIVERSITY LAW REVIEWFLA. H.R. COMM.ONETHICS& ELEC., DECEPTIVEANDFALSEADVERTISINGINTHEPOLITICALPROCESS3 (1995) (on file with Fla. H.R. Comm. on Elec. Reform) [hereinafter DECEPTIVEANDFALSEADVERTISINGhttp://newswise.com/articles/view/545187/, 9 October 2008, Source Newsroom:University of DelawareDaez v. Court of Appeals, G.R. No. 47971, 31 October 1990, 191 SCRA 61, 67Lacsa v. Intermediate Appellate Court, 161 SCRA 427 (1988) citing U.S. v. O'Connell, 37 Phil. 767 (1918