ENACTING "THE 1978 ELECTION CODE"

• Number: Presidential Decree No. 1296
• Sections: 204

Preamble

WHEREAS, the 1976 Amendments to the Constitution abolished the interim National Assembly and in lieu there­ of created the interim Batasang Pambansa, the members of which "include the incumbent President of the Philip­ pines, representatives elected from the different regions of the nation, those who shall not be less than eighteen years of age elected by their respective sectors, and those chosen by the incumbent President from the members of the Cabinet"; WHEREAS, the elective local officials whose terms of office expired on December 31, 1975 were allowed to con­ tinue in office, subject to the pleasure of the President;

WHEREAS, elections to enable the people to choose the officials who shall manage the affairs of government in the national and local levels may now be held;

WHEREAS, there is a need to promulgate a new election code to govern the conduct of elections under the 1973. Constitution and its amendments, codify the laws on the matter, repeal obsolete ones and ensure the holding of free, orderly and honest elections, in consonance with the theory and practice of the New Society;

NOW, THEREFORE, I, FERDINAND E. MARCOS, Presi­ dent of the Philippines, by virtue of the powers in me Tested by the Constitution, do hereby promulgate the following Decree as part of the law of the land:

AND IRREGULAR ELECTION PRACTICES

Section 1 Title.

SECTION 1. Title.—This Decree shall be known and cited as "The 1978 Election Code."

Section 2 Applicability.

SEC. 2. Applicability.—This Code shall govern the elec­ tion of the members of the interim Batasang Pambansa and, to the extent appropriate, elections for local officials, referenda and plebiscites.

Section 3 Date of election.

SEC. 3. Date of election.—The election for regional rep­ resentatives in the interim Batasang Pambansa shall be held on April 7, 1978.

Section 4 Election and campaign periods.

SEC. 4. Election and campaign periods.—The election period shall be fixed by the Commission on Elections in accordance with Section 6, Article XII (C) of the Con­ stitution. The period of campaign shall not be more than forty-five days immediately preceding the election, exclud­ ing the day before and the day of the election: Provided, That for the election of representatives to the interim Batasang Pambansa, the period of campaign shall commence on February 17, 1978 except that no election campaign or partisan political activity may be conducted on March 23 and 24, 1978.

Section 5 Obligation to register and vote.

SEC. 5. Obligation to register and vote.—It shall be the obligation of every citizen qualified to vote, to register and cast his vote. Only voters duly registered as such shall be entitled to vote.

Section 6 Postponement of election.

SEC. 6. Postponement of election.—When for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such a nature that the holding of a free, orderly and honest election should become impossible in any voting center or political subdivision, the Com­mission on Elections, which hereinafter shall be referred to as the Commission, upon a verified petition and after due notice and hearing, shall postpone the election therein for such time as it may deem necessary.

Section 7 Failure of election.

SEC. 7. Failure of election.—If, on account of force majeure, violence, terrorism, or fraud the election in any voting center has not been held on the date fixed or has been suspended before the hour fixed by law for the closing of the voting and such failure or suspension of election any voting center would affect the result of the election, the Commission may, on the basis of a verified petition and after due notice and hearing, call for the holding or con­ tinuation of the election on a date reasonably close to the date of the election not held or suspended.

Section 8 Call of special election.

SEC. 8. Call of special election.—Special elections shall be caked by the Commission by proclamation on a date to be fixed by it, which shall specify the offices to be voted for, that it is for the purpose of filling a vacancy or a newly created elective position, as the case may be. The Com­ mission shall send copies of the proclamation, in numbers sufficient for due distribution and publication, to the pro­ vincial election supervisor or city election registrar con­ cerned, who in turn shall publish it in their respective localities, by posting copies thereof in at least three conspi­ cuous places in the city or in each municipality in the province, as the case may be, preferably the city/municipal building, the public market, and his office, and one copy each in every voting center in the city or province.

Pending an election to fill a vacancy arising from any cause in the interim Batasang Pambansa, the vacancy shall be filled by majority vote of the Members of the interim Batasang Pambansa on nomination of the President.

Section 9 Election Code to be available in voting centers.

SEC. 9. Election Code to be available in voting centers.— A printed copy of this Code in English or in the national language shall, whenever possible, be made available in every voting center on voting day, in order that it may be readily consulted by any person in need thereof.

Section 10 Official mail and telegrams regarding elec­ tions.

SEC. 10. Official mail and telegrams regarding elec­ tions. —Papers connected with the election required by this Code to be sent by public officers in the performance of their duties shall be free of postage and sent as registered special delivery mail. Telegrams of the same nature shall also be sent free of charge,

It shall be the duty of the Postmaster General and the Director of the Bureau of Telecommunications to transmit immediately and in preference to all other communication or telegrams messages reporting election results and such other messages or communications which the Commission may require or may be necessary to ensure free, honest and orderly elections.

Section 11 Composition.

SEC. 11. Composition.—The interim Batasang Pambansa shall be composed of the incumbent President of the Philippines, representatives elected from the different re­ gions of the nation, those who shall not be less than eighteen years of age elected by their respective sectors, and those chosen by the incumbent President from the members of the Cabinet.

Section 12 Apportionment of regional representatives.

SEC. 12. Apportionment of regional representatives.— There shall be 160 regional representatives to the interim Batasang Pambansa apportioned among the thirteen regions of the nation in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio as follows:

Region I, .12 representatives, consisting of the following provinces: Abra; Benguet, including the City of Baguio; Ilocos Norte, including Laoag City; llocos Sur; La Union; Mt. Province; and Pangasinan, including the Cities of Dagupan and San Carlos;

Region II, 7 representatives, consisting of the following provinces: Batanes; Cagayan; Ifugao; Isabela; Kalinga-Apayao; Nueva Vizcaya; and Quirino;

Region III, 16 representatives, consisting of the follow­ ing provinces: Bataan; Bulacan; Nueva Ecija, including the Cities of Cabanatuan, Palawan and San Jose; Pam panga, including Angeles City; Tarlac; and Zambales, including Olongapo City;

Region IV, 19 representatives, which comprises Metro Manila as follows: Cities of Manila; Quezon; Caloocan; and Pasay; and the municipalities of Valenzuela, Malabon, Navotas, Makati, Parañaque, Las Pinas, Mandaluyong, San Juan, Pasig, Muntinglupa, Marikina, Pateros and Taguig;

Region IV-A, 20 representatives, consisting of the follow­ ing provinces: Batangas, including the Cities of Batangas and Lipa; Cavite, including the Cities of Cavite, Tagaytay and Trece Martires; Laguna, including San Pablo City; Marinduque; Occidental Mindoro; Oriental Mindoro; Pa­ lawan, including Puerto Princesa City; Quezon, including Lucena City; Rizal; and Romblon;

Region V, 12 representatives, consisting of the following provinces: Albay, including Legaspi City; Camarines Norte; Camarines Sur including the Cities of Iriga and Naga; Catauduanes; Masbate; and Sorsogon;

Region VI, 16 representatives, consisting of the follow­ ing provinces: Aldan; Antique; Capiz, including Roxas City; Iloilo, including Iloilo City;and Negros Occidental, including the Cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay;

Region VII 13 representatives, consisting- of the fol­ lowing provinces: Bohol, incloding Tagbilaran City; Cebu, including the Cities of Cebu, Lapu-Lapu, Mandaue, Toledo and Danao; Negros Oriental, including the Cities of Bais, Camlaon and Dumaguete; and Siquijor;

Region VIII, 10 representatives, consisting of the followi ng provinces: Leyte, including the Cities of Ormoc and Tacloban; Southern Leyte, Eastern Samar; Northern Samar; and Samar, including Calbayog City;

Region IX, 8 representatives, consisting of the following provinces: Basilan; Sulu; Tawi-Tawi; Zamboanga del Norte, including the Cities of Dapitan and Dipolog; and Zamboanga del Sur, including the Cities of Pagadian and Zamboanga;

Region X, 9 representatives, consisting of the following provinces: Agusan del Norte, including Butuan City; Agusan del Sur; Bukidnon; Camiguin; Misamis Occidental, including the Cities of Oroquieta, Ozamis and Tangub; Misamis Oriental, including the Cities of Cagayan de Oro and Gingoog; and Surigao del Norte, including Surigao City;

Region XI, 10 representatives, consisting of the following provinces: Surigao del Sur; Davao del Norte; Davao Oriental; Davao del Sur, including Davao City; and South Cotabato, including General Santos City;

Region XII, 8 representatives, consisting of the following provinces: Lanao del Norte, including Iligan City; Lanao del Sur, including Marawi City; Maguindanao, including Cotabato City; North Cotabato; and Sultan Kudarat.

The foregoing apportionment shall not be considered a precedent in connection with the reapportionment of repre­ sentative districts for the regular National Assembly under Section 2, Article VIII and Section 6. Article XVII of the Constitution.

Notwithstanding the foregoing provisions, the number of regional representatives for any region shall not be less than the number of representative districts therein existing at the time of the ratification of the Constitution. There are also allotted two additional seats for regional representatives to Region IV in view of inhabitants, such as students, in the region not taken into account in the 1975 census.

Section 13 Sectoral representatives.

SEC. 13. Sectoral representatives.—There shall be three sectors to be represented in the interim Batasang Pam- bansa, namely: (1) youth; (2) agricultural labor; and (3) industrial labor to be elected in the manner herein provided. Each sector shall be entitled to four sectoral representa­ tives, two of whom shall come from Luzon, one from Visayas, and one from Mindanao: Provided, That the youth sector shall be entitled to two additional sectoral representatives who shall be elected from any region.

Section 14 Voting by region.

SEC. 14. Voting by region.—Each region shall be entitled to such number of regional representatives as are allotted to it in Section 12 of Article II hereof. All candidates for regional representatives shall be voted upon at large by the registered voters of their respective regions. The candidates receiving the highest number of votes from the entire region shall be declared elected.

Section 15 Sectors are national aggrupations.

SEC. 15. Sectors are national aggrupations.—The sectors named in Section 13 of Article II hereof shall be considered as national aggrupations and as such shall elect their respective national representatives to the interim Batasang-Pambansa through their own Electoral Councils which shall be constituted in the manner hereinafter provided.

Section 16 Delegates from provinces to the electoral councils.

SEC. 16. Delegates from provinces to the electoral councils. —At any time after the date of the election fixed herein, but not later than twenty days, the Kagawads representing agricultural labor, industrial labor and youth in the Sangguniang Bayan or Panlungsod of the municipalities and cities in every province shall meet at the provincial capital and. subject to the supervision of the Commission or its authorized representatives, shall choose from among themselves one delegate of their sector to their respective Electoral Councils.

The meetings of the sectoral Kagawads shall be held separately at a time and place to be designated by the Commission or its authorized representatives. A majority of all the Kagawads of each sector shall constitute a quorum. The Kagawad obtaining the highest number of votes shall be the provincial delegate of the sector to the corresponding Electoral Council.

In the case of Metro Manila (Region IV), the members of the agricultural and industrial labor sectors in every barangay, if any, upon call of the barangay captain and under the supervision of the Commission, shall choose one Kagawad each for their respective sectors. The sectoral Kagawads elected shall meet on a date and at a place designated by the Commission to choose from among themselves ten delegates each to their respective Electoral Councils.

In the case of the youth sector in Metro Manila, the Presidents of the Kabataang Barangay in the four cities and thirteen municipalities shall likewise elect from among themselves ten delegates for the youth sector to their Electoral Council.

Upon call of the Commission which shall be made not later than twenty days after the date of the election fixed herein and at such time as it may determine, existing national aggrupations of industrial labor and agricultural labor as accredited by the Department of Labor, and the Department of Agriculture and Department of Agrarian Reform, respectively, shall elect to their Electoral Councils ten delegates for their respective sectors. The election shall be under the supervision of the Commission.

Section 17 Election and proclamation of sectoral members.

SEC. 17. Election and proclamation of sectoral members. —The delegates of each sector shall, upon call of the Commission, convene in Manila to elect from among those sectoral members who have filed their certificates of can­ didacy two representatives from each sector from Luzon, one from Visayas, and one from Mindanao. The delegates of the youth sector shall also elect the two additional representatives of their sector provided in Section 13, Article It of this Code. The Commission shall supervise the con­ duct of the election and proclaim the results thereof.

Section 18 Qualifications for members of the interim Batasang Pambansa.

SEC. 18. Qualifications for members of the interim Batasang Pambansa.—No person shall be a member of the interim Batasang Pambansa unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write and, on the day of the election, is at least twenty- five years of age in the case of a regional representative, and eighteen years of age in the case of a sectoral representative. In the case of the youth sectoral representative, he shall not be more than twenty-five years of age.

Section 19 Certificate of candidacy.

SEC. 19. Certificate of candidacy.—No person shall be elected regional or sectoral representative in the interim Batasang Pambansa unless he files a sworn certificate of candidacy within the period fixed herein.

No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them. However, before the expiration of the period for filing certificates of candidacy, the candidate who has filed several certificates of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate or certificates of candidacy for the other office or offices.

The filing of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.

Section 20 Contents of certificate of candidacy.

SEC. 20. Contents of certificate of candidacy.—The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office; if for representative in the interim Batasang Pambansa, the region or sector which he seeks to represent; whether he is filing it as a nominee of a political party, group or aggrupation; the political party, group or aggrupation to which he belongs, if any; civil status, and if married, the full name of his or her spouse; his date of birth; residence; his post office address for all election purposes; his profession or occupation; that he will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and de­ crees promulgated by the duly constituted authorities; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge: Provided, That a candidate may use in his certificate of candidacy the name by which he has been baptized, or the name registered in the office of the local civil registrar, or any other name allowed under the provisions of existing law. He may also include one nickname or stage name by which he is generally or po­ pularly known in the locality. A certificate of candidacy not in accordance with this provision shall not be accepted.

Section 21 Other requirements.

SEC. 21. Other requirements.—The person filing a certificate of candidacy shall also submit two copies of his latest photograph, passport size; a statement in duplicate containing his biodata and program of government not exceeding one hundred words, for inclusion in the "COMELEC Bulletin".

Section 22 Ineligibility of person found disloyal to the Government.

SEC. 22. Ineligibility of person found disloyal to the Government. —Any person found guilty in a final judg­ ment or order of a competent court or tribunal of any crime involving disloyalty to the duly constituted Govern­ment such as rebellion, sedition, violations of the anti-sub version and firearms laws, and crimes against the national security shall not, unless restored to his full civil and political rights in accordance with law, be eligible and his certificate of candidacy shall not be given due course nor shall the votes cast in his favor be counted. In the event his final conviction comes after his election, he shall automatically cease in office.

Section 23 Candidates for the same office bearing the same name and surname.

SEC. 23. Candidates for the same office bearing the same name and surname.—When there are two or more can didates for an office with, the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surname, except the incumbent who may continue to use the name and the surname stated in his certificate of candidacy when he was elected.

Section 24 Filing and distribution of certificates of candidacy.

SEC. 24. Filing and distribution of certificates of candidacy. —The certificates of candidacy shall be filed not later than the day before the beginning of the campaign period fixed by the Commission: Provided, That certificates of candidacy for representative to the interim Batasang Pambansa shall be filed not later than February 17, 1978.

The certificate of candidacy for sectoral representatives shall be filed with the Commission. The certificate of candidacy for regional representatives shall be filed with the Regional Election Director having jurisdiction over the region.

The Regional Election Director shall immediately send the original of all certificates of candidacy received by him to the Commission. The Commission shall send copies thereof or a certified list of candidates to the provincial election supervisors for distribution to the city and municipal election registrars of the province who shall in turn immediately forward copies thereof to the voting centers.

Section 25 Ministerial duty of receiving and acknowledg­ ing receipt.

SEC. 25. Ministerial duty of receiving and acknowledg­ ing receipt. —The Regional Election Director shall have the ministerial duty to receive the certificate of candidacy herein referred to and to immediately acknowledge receipt thereof.

Section 26 Nuisance candidates.

SEC. 26. Nuisance candidates.—The Commission may, motu proprio or upon a verified petition of an interested party, refuse to give due course to a certificate of candidacy if it is shown that said certificate has been filed to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances which demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.

Section 27 Withdrawal or cancellation of certificates of candidacy.

SEC. 27. Withdrawal or cancellation of certificates of candidacy. —No certificate of candidacy duly filed shall be considered withdrawn or cancelled unless the candidate files with the office which received the certificate of candidacy or with the Commission, a sworn statement of withdrawal or cancellation at any time before the day of election.

Section 28 Candidates in case of death, withdrawal or dis­ qualification of another.

SEC. 28. Candidates in case of death, withdrawal or dis­ qualification of another.—If, after the last day for filing certificates of candidacy, a candidate with a certificate of candidacy duly filed should die, withdraw or be dis qualified for any cause, any voter qualified for the office may file his certificate of candidacy for the office for which the deceased, the candidate who has withdrawn, or disqua­ lified person was a candidate in accordance with the preceding sections on or before mid-day of the day of the election, and if the death, withdrawal or disqualifica­ tion should occur between the day before the election and the mid-day of election day, said certificate may be filed with any election committee in the political subdivision where he is a candidate: Provided, however, That if the candidate who died, withdrew or was disqualified is the official candidate of a political party, group or aggrupation, only a person belonging to, and certified by, the same political party, group or aggrupation may file a certificate of candidacy for the same office.

Section 29 Candidates holding appointive office or position.

SEC. 29. Candidates holding appointive office or position. —Every person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in govern ment-owned or controlled corporations, shall ipso facto cease in his office or position on the date he files his certificate of candidacy. Members of the Cabinet shall continue in the offices they presently hold notwithstanding the filing of certificate of candidacy, subject to the pleasure of the President of the Philippines.

Section 30 Candidates holding political office.

SEC. 30. Candidates holding political office.—Governors, mayors, members of the various sanggunians, or barangay officials shall, upon filing of a certificate of candidacy, be considered on forced leave of absence from office.

Section 31 Official watchers of candidates.

SEC. 31. Official watchers of candidates.—Each registered political party, group or aggrupation shall be entitled to not more than three watchers in every voting center and independent candidates to one watcher each.

No person shall be appointed watcher unless he is a qualified voter of the city or municipality, of good repu tation, shall not have been convicted of any election offense or of any other crime, and must know how to read and write Filipino English or the local dialect and not related within the fourth civil degree of affinity or consanguinity to the chairman or any member of the citizens election committee of the voting center where he is a watcher.

Each candidate shall designate in every province, city, municipality or municipal district his representative authorized to appoint watchers, furnishing the Regional Election Director a copy of the list of such persons for the entire region.

Section 32 Commission may authorize other watchers.

SEC. 32. Commission may authorize other watchers.— Civic, religious, business, youth and other similar organizations, upon previous; authorization by the Commission, shall be entitled collectively to appoint one watcher in every voting center with the same powers as herein provided.

Section 33 Duties and prerogatives of watchers.

SEC. 33. Duties and prerogatives of watchers.—Upon entering the voting center, the watcher shall present and deliver to the chairman of the citizens election committee his appointment and forthwith his name shall be recorded in the minutes. The appointment of the watcher shall bear the personal signature or the facsimile signature of the registered candidate who appointed him. The watchers shall have the right to stay in the space reserved for them inside the voting center. They shall have the right to witness and inform themselves of the proceedings of the citizens election committee, to take notes of what they may see or hear, to file a protest against any irregularity which they believe may have been committed by the committee, to obtain from the committee a certificate as to the filing of such protest or of the resolution thereon, and to read the ballots after they have been read by the chairman as well as the election returns after they have been completed and signed by the members of the committee without touching them, but they shall not speak to any member of the committee.

Section 34 Definitions.

SEC. 34. Definitions.—As used in this Code:

(a) The term "candidate" refers to any person aspiring for or seeking an elective public office, regardless of whether or not said person had already filed his certificate of candidacy or had been nominated by any political party, group or aggrupation;

(b) The term "election campaign" or "partisan political activity" refers to an act designed to have a candidate elected or not or to promote the candidacy of a person or persona to a public office which shall include:

(1) Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;

(2) Holding political caucuses, conferences, meetings rallies, parades, or other similar assemblies, for the purpose of nominating candidates, soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;

(3) Making speeches, announcements or commentaries or holding interviews for or against the election of any candidate for public office;

(4) Printing, importing, publishing or distributing campaign literature or material;

(5) Directly or indirectly soliciting votes, pledges or support for or against a candidate;

(6) Giving, soliciting, or receiving contributions for election campaign purposes, either directly or indirectly: Provided, That simple expressions of opinions and thoughts concerning the election shall not be considered as part of an election campaign: Provided, further, That nothing herein stated shall be understood to prevent any person, including officers and employees in the civil service, which shall be understood to include officers and employees of government-owned or controlled corporations, from expressing his views on current political problems or issues, or from mentioning the names of the candidates for public office whom he supports.

Section 35 Election campaign or partisan political activity outside campaign period.

SEC. 35. Election campaign or partisan political activity outside campaign period. —It shall be unlawful for any person, whether or not a voter or candidate, or for any party, group, aggrupation or association of persons, to engage in an election campaign or partisan political activity except during the campaign period or, in special cases, during the period fixed by the Commission: Provided, however, That political parties, groups or aggrupations shall be allowed to hold political conventions, primaries or meetings to nominate their official candidates within a reasonable period fixed by the Commission before the start of the campaign period.

Section 36 Intervention of foreigners.

SEC. 36. Intervention of foreigners.—It shall be unlawful for any foreigner, whether juridical or natural person, to aid any candidate or political party, group or aggrupation directly or indirectly, or take part in or influence, in any manner any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity.

Section 37 Lawful election propaganda.

SEC. 37. Lawful election propaganda.—Lawful election propaganda shall include:

(a) Pamphlets, leaflets, cards, decals, stickers or other written or printed materials of a size not more than eight and one-half inches in width and fourteen inches in length;

(b) Handwritten or printed letters urging voters to vote for or against any particular candidate;

(c) Cloth, paper or cardboard posters, whether framed or posted, with an area not exceeding two feet by three feet, except that, at the site of and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding three feet by eight feet in size, shall be allowed: Provided, That said streamers may not be displayed except one week before the date of the meeting or rally and that it shall be removed within seventy-two hours after said meeting or rally;

(d) All other forms of election propaganda not prohibited by this Code as the Commission may authorize: Provided, That the Commission's authorization shall be published in two newspapers of general circulation throughout the nation for at least twice within one week after the authorization has been granted.

Section 38 Requirements for published or printed election propaganda.

SEC. 38. Requirements for published or printed election propaganda. —Any newspaper, newsletter, newsweekly, gaz­ ette or magazine advertising, posters, pamphlets, circulars, handbills, bumper stickers, streamers, simple list of candidates or any published or printed political matter for or against a candidate or group of candidates to any public office shall bear and be identified by the words "paid for by" followed by the true and correct name and address of the payor and by the words "printed by" followed by the true and correct name and address of the printer.

Section 39 Prohibited forms of election propaganda.

SEC. 39. Prohibited forms of election propaganda.—It shall be unlawful:

(a) To erect, put up, make use of, attach, float or display any billboard, tinplate-poster. balloons and the like, of whatever size, shape, form or kind, advertising for or against any candidate;

(b) To purchase, manufactures, request or distribute electoral propaganda gadgets such as pens, lighters, fans, of whatever nature, flashlights, athletic goods or materials, wallets, matches, cigarettes and the like;

(c) To show or display publicly any advertisement or propaganda for or against any candidate by means of cine matography, audio-visual units or other screen projections except telecasts which may be allowed as hereinafter pro­ vided; and

(d) For any radio broadcasting or television station to sell or give free of charge air time for campaign and other political purposes except as authorized in this Code under the rules and regulations promulgated by the Commission pursuant thereto.

Any prohibited election propaganda gadget or advertise­ ment shall be stopped, confiscated or torn down by the representative of the Commission upon specific authority of the Commission.

Section 40 Removal, destruction or defacement of lawful election propaganda prohibited.

SEC. 40. Removal, destruction or defacement of lawful election propaganda prohibited. —It shall be unlawful for any person during the campaign period to remove, destroy, obliterate, or in any manner deface or tamper with, or prevent the distribution of, lawful election propaganda as authorized in Section 37 of this Code.

Section 41 Regulation of election propaganda through mass media.

SEC. 41. Regulation of election propaganda through mass media. — (a) The Commission shall promulgate rules and regulations regarding the sale of air time for political purposes during the campaign period to insure that time equal as to duration and quality is available to all candidates for the same office or political parties, groups or aggrupations at the same rates or given free of charge; that such rates are reasonable and not higher than those charged other buyers or users of air time for non-political purposes; that the provisions of this Code regarding the limitation of expenditures by candidates and contributions by private persons and certain classes of corpora tions, entities and institutions are effectively enforced; that said radio broadcasting and television stations shall not be allowed to schedule any program or permit any sponsor to manifestly favor or oppose any candidate or political party, group or aggrupation by unduly or repeatedly referring to or including said candidate and/or political party, group or aggrupation respecting, however, in all instances the right of said stations to broadcast accounts of significant or newsworthy events and views on matters of public interest.

(b) All contracts for advertising in any newspaper, magazine, periodical or any form of publication promoting or opposing the candidacy of any person for public office shall, before its implementation, be registered by said newspaper, magazine, periodical or publication with the Commission. In every case, it shall be signed by the candidate concerned or by the duly authorized represent­ ative of the political party, group or aggrupation.

(c) No franchise or permit to operate a radio or television station shall be granted or issued during the election period.

In all instances, the Commission shall supervise the use and employment of press, radio and television facil ities so as to give candidates equal opportunities under equal circumstances to make known their qualifications and their stand on public issues within the limits set forth in this Code on election spending.

Section 42 Individual public rally.

SEC. 42 Individual public rally.—Any candidate must notify the election registrar concerned of any public rally he intends to organize in the city, municipality or municipal district, and within two days thereafter, submit to said election registrar a statement of expenses incurred in connection therewith.

Section 43 Rallies, meetings, house-to-house campaign, other political activities.

SEC. 43. Rallies, meetings, house-to-house campaign, other political activities.— Subject to the provisions of existing laws, any candidate may hold individually, or jointly with other aspirants, peaceful rallies, meetings, house-to-house campaign or other similar political activities during the campaign period.

Section 44 Transportation, food and drinks.

SEC. 44. Transportation, food and drinks.—It is unlawful for any candidate, political party, group or aggrupation, organization, voter or any other person to give or accept, free of charge, directly or indirectly, transportation, food, or drinks or things of value during a public meeting in favor of or against any or several candidates and during the three hours before and after such meeting, on the day preceding the election and on the day of the election; or to give or contribute, directly or indirectly, money or things of value for such purpose.

Section 45 COMELEC Space.

SEC. 45. COMELEC Space.—Whenever practicable, the Commission shall procure space in newspapers, magazines and periodicals which shall be known as "COMELEC Space" wherein candidates can announce or further their candidacy. Said space shall be allocated, free of charge, equally and impartially by the Commission among all candidates within the area in which the newspapers, magazines and periodicals are circulated. To this end, the Commission shall endeavor to obtain free space from newspapers, magazines and periodicals.

Section 46 COMELEC Time.

SEC. 46. COMELEC Time.—The Commission shall procure radio and television time to be known as "COMELEC Time" which shall be allocated equally and impartially among the candidates within the area of coverage of said radio and television stations. For this purpose, the franchises of all radio broadcasting and television stations are hereby amended so as to require such stations to furnish the Commission radio or television time, free of charge, during the period of the campaign, at least once but not oftener than every other day.

Section 47 COMELEC Information Bulletin.

SEC. 47. COMELEC Information Bulletin.—The Commission may cause the printing, and supervise the dissem ination of bulletins to be known as "COMELEC Bulletin" which shall be of such size as to adequately contain the picture, biodata and program of government of every candidate. Said bulletins shall be disseminated to the voters or displayed in such places as to give due prominence there to. Any candidate may reprint, at his expense, any "COM ELEC Bulletin" upon prior authority of the Commission: Provided, That said reprint shall be an exact replica of the original and shall bear the name of the candidate causing the reprint and the name of the printer.

Section 48 Free public discussions and debates.

SEC. 48. Free public discussions and debates.—The barangays and sanggunians shall encourage free, full and constructive discussions and exchange of views on the qualifications, competence, programs or platforms of the candidates and other similar issues including the hold­ ing of meetings and rallies and, to this end, may extend, without discrimination, assistance to said candidates especially in the distribution of propaganda materials and other similar activities of the campaign.

Any candidate or his supporter who is a duly registered voter in the constituency in which said candidate is seeking election, shall not be questioned for any speech, remark or statement in any discussion or debate intended to enlighten the electorate on the qualifications, competence, programs or platforms or other similar issues of the can didates or political parties, groups or aggrupations; or for any view for or against any or all of such issues made in public rallies, or debates or in other forms of communications, radio or television. Such remarks, statements or views shall not be admissible as evidence in any investigation or suit against the person or persons making them, except in appropriate suits for libel, defamation, slander or for an offense involving disloyalty to the duly constituted Government.

The printing of pamphlets, posters, handbills and other printed materials designed to enlighten the electorate on the matter cited in the preceding paragraphs, and the dissemination or circulation of these materials shall be allowed and in no way restricted: Provided, however, That any printed material shall not be allowed to be dis seminated or circulated if it does not indicate the real name and correct address of the author thereof as well as the name and address of the printer: Provided, fur ther, That the Commission shall, upon petition of any person, and after due notice and hearing, take all necessary measures to prevent the dissemination or circulation of propaganda materials the contents of which are clearly irrelevant to the issues mentioned herein or which are patently libelous against any person or persons or which tend to undermine the allegiance or obedience of the citizens to duly constituted authorities. Such lawful propaganda materials shall likewise be inadmissible as evidence in any investigation or suit against any person or persons printing, publishing or circulating them except in ap propriate suits for libel, defamation, slander or for an offense involving disloyalty to the duly constituted Govern ment.

Section 49 Definitions.

SEC. 49. Definitions.—As used in this Code:

(a) The term "contribution" includes a gift, donation, subscription, loan, advance or deposit of money or any­ thing of value, or a contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the election, but shall not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party, group or aggrupation. It shall also include the use of facilities voluntarily donated by other persons, the money value of which can be assessed based on the rates prevailing in the area.

(b) The term "expenditure" includes the payment or delivery of money or anything of value, or a contract, promise or agreement to make an expenditure, whether or not legally enforceable, for the purpose of influencing the results of the election. It shall also include the use of facilities personally owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area.

(c) The term "person" includes an individual, partnership, committee, association, corporation, and any other organization or group of persons.