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, durin the election period, super!ise or re ulate the en"o#$ent or utili%ation of all franchises or per$its for the operation of $edia of co$$unication or infor$ation to uarantee or ensure e&ual opportunit# for public ser!ice, includin access to $edia ti$e and space, and the e&uitable ri ht to repl#, for public infor$ation ca$pai ns and for a a$on candidates and assure free, orderl#, honest, peaceful and credible elections. The State shall ensure that bona fide candidates for an# public office shall be free fro$ an# for$ of harass$ent and discri$ination. Se !"#$ &% 'awful Election Propa anda. Election propa anda, whether on tele!ision, cable tele!ision, radio, newspapers or an# other $ediu$ is hereb# allowed for all re istered political parties, national, re ional, sectoral parties or or ani%ations participatin under the part# list elections and for all bona fide candidates seekin national and local electi!e positions sub"ect to the li$itation on authori%ed e(penses of candidates and political parties, obser!ance of truth in ad!ertisin and to the super!ision and re ulation b# the )o$$ission on Elections *)+,E'E)-. For the purpose of this Act, lawful election propa anda shall include. /.0. Pa$phlets, leaflets, cards, decals, stickers or other written or printed $aterials the si%e of which does not e(ceed ei ht and one half inches in width and fourteen inches in len th1

/.2. 3andwritten or printed letters ur in !oters to !ote for or a ainst an# particular political part# or candidate for public office1 /./. )loth, paper or cardboard posters, whether fra$ed or posted, with an area not e(ceedin two *2- feet b# three */- feet, e(cept that, at the site and on the occasion of a public $eetin or rall#, or in announcin the holdin of said $eetin or rall#, strea$ers not e(ceedin three */- feet b# ei ht *4- feet in si%e, shall be allowed. Pro!ided, That said strea$ers $a# be displa#ed fi!e *5- da#s before the date of the $eetin or rall# and shall be re$o!ed within twent#-four *26- hours after said $eetin or rall#1 /.6. Paid ad!ertise$ents in print or broadcast $edia. Pro!ided, That the ad!ertise$ents shall follow the re&uire$ents set forth in Section 6 of this Act1 and /.5. All other for$s of election propa anda not prohibited b# the +$nibus Election )ode or this Act. Se !"#$ '% 7e&uire$ents for Published or Printed and 8roadcast Election Propa anda. 6.0. An# newspaper, newsletter, newsweekl#, a%ette or $a a%ine ad!ertisin , posters, pa$phlets, co$ic books, circulars, handbills, bu$per stickers, strea$ers, sa$ple list of candidates or an# published or printed political $atter and an# broadcast of election propa anda b# tele!ision or radio for or a ainst a candidate or roup of candidates to an# public office shall bear and be identified b# the reasonabl# le ible or audible words "political ad!ertise$ent paid for," followed b# the true and correct na$e and address of the candidate or part# for whose benefit the election propa anda was printed or aired. 6.2. 9f the broadcast is i!en free of char e b# the radio or tele!ision station, it shall be identified b# the words "airti$e for this broadcast was pro!ided free of char e b#" followed b# the true and correct na$e and address of the broadcast entit#.

6./. Print, broadcast or outdoor ad!ertise$ents donated to the candidate or political part# shall not be printed, published, broadcast, or e(hibited without the written acceptance b# the said candidate or political part#. Such written acceptance shall be attached to the ad!ertisin contract and shall be sub$itted to the )+,E'E) as pro!ided in Subsection :./. hereof. Se !"#$ (% Election Sur!e#s. 5.0. Election sur!e#s refer to the $easure$ent of opinions and perceptions of the !oters as re ards a candidate;s popularit#, &ualifications, platfor$s or a $atter of public discussion in relation to the election, includin !oters; preference for candidates or publicl# discussed issues durin the ca$pai n period *hereafter referred to as "Sur!e#"-. 5.2. Durin the election period, an# person, natural as well as "uridical, candidate or or ani%ation who publishes a sur!e# $ust likewise publish the followin infor$ation. *a- The na$e of the person, candidate, part# or or ani%ation who co$$issioned or paid for the sur!e#1 *b- The na$e of the person, pollin or ani%ation who conducted the sur!e#1 fir$ or sur!e#

*c- The period durin which the sur!e# was conducted, the $ethodolo # used, includin the nu$ber of indi!idual respondents and the areas fro$ which the# were selected, and the specific &uestions asked1 *d- The $ar in o error of the sur!e#1 *e- For each &uestion for which the $ar in of error is reater than that reported under para raph *d-, the $ar in of error for that &uestion1 and *f- A $ailin address and telephone nu$ber, indicatin it as an address or telephone nu$ber at which the sponsor can be contacted to obtain a written report re ardin the sur!e# in accordance with Subsection 5./.

5./. The sur!e# to ether with raw data athered to support its conclusions shall be a!ailable for inspection, cop#in and !erification b# the )+,E'E) or b# a re istered political part# or a bona fide candidate or b# an# )+,E'E)-accredited citi%en;s ar$. A reasonable fee sufficient to co!er the costs of inspection, cop#in and !erification $a# be char ed. 5.6. Sur!e#s affectin national candidates shall not be published fifteen *05- da#s before an election and sur!e#s affectin local candidates shall not be published se!en *<- da#s before an election. 5.5. E(it polls $a# onl# be taken sub"ect to the followin re&uire$ents. *a- Pollsters shall not conduct their sur!e#s within fift# *5=$eters fro$ the pollin place, whether said sur!e# is taken in a ho$e, dwellin place and other places1 *b- Pollsters shall wear distincti!e clothin 1 *c- Pollsters shall infor$ the !oters that the# $a# refuse to answer1 and *d- The result of the e(it polls $a# be announced after the closin of the polls on election da#, and $ust clearl# identif# the total nu$ber of respondents, and the places where the# were taken. Said announce$ent shall state that the sa$e is unofficial and does not represent a trend. Se !"#$ 6% E&ual Access to ,edia Ti$e and Space . All re istered parties and bona fide candidates shall ha!e e&ual access to $edia ti$e and space. The followin uidelines $a# be a$plified on b# the )+,E'E). :.0. Print ad!ertise$ents shall not e(ceed one-fourth *0>6- pa e, in broad sheet and one-half *0>2- pa e in tabloids thrice a week per newspaper, $a a%ine or other publications, durin the ca$pai n period.

:.2. *a- Each bona fide candidate or re istered political part# for a nationall# electi!e office shall be entitled to not $ore than one hundred twent# *02=- $inutes of tele!ision ad!ertise$ent and one hundred ei ht# *04=- $inutes of radio ad!ertise$ent whether b# purchase or donation. *b- Each bona fide candidate or re istered political part# for a locall# electi!e office shall be entitled to not $ore than si(t# *:=- $inutes of tele!ision ad!ertise$ent and ninet# *?=- $inutes of radio ad!ertise$ent whether b# purchase or For this purpose, the )+,E'E) shall re&uire an# broadcast station or entit# to sub$it to the )+,E'E) a cop# of its broadcast lo s and certificates of perfor$ance for the re!iew and !erification of the fre&uenc#, date, ti$e and duration of ad!ertise$ents broadcast for an# candidate or political part#. :./. All $ass $edia entities shall furnish the )+,E'E) with a cop# of all contracts for ad!ertisin , pro$otin or opposin an# political part# or the candidac# of an# person for public office within fi!e *5- da#s after its si nin . 9n e!er# case, it shall be si ned b# the donor, the candidate concerned or b# the dul# authori%ed representati!e of the political part#. :.6. @o franchise or per$it to operate a radio or tele!ision stations shall be ranted or issued, suspended or cancelled durin the election period. 9n all instances, the )+,E'E) shall super!ise the use and e$plo#$ent of press, radio and tele!ision facilities insofar or the place$ent of political ad!ertise$ents is concerned to ensure that candidates are i!en e&ual opportunities under e&ual circu$stances to $ake known their &ualifications and their stand on public issues within the li$its set forth in the +$nibus Election )ode and 7epublic Act @o. <0:: on election spendin . The )+,E'E) shall ensure that radio or tele!ision or cable tele!ision broadcastin entities shall not allow the schedulin of

an# pro ra$ or per$it an# sponsor to $anifestl# fa!or or oppose an# candidate or political part# b# undul# or repeatedl# referrin to or includin said candidate and>or political part# in such pro ra$ respectin , howe!er, in all instances the ri ht of said broadcast entities to air accounts of si nificant news or news worth# e!ents and !iews on $atters of public interest. :.5. All $e$bers of $edia, tele!ision, radio or print, shall scrupulousl# report and interpret the news, takin care not to suppress essential facts nor to distort the truth b# o$ission or i$proper e$phasis. The# shall reco ni%e the dut# to air the other side and the dut# to correct substanti!e errors pro$ptl#. :.:. An# $ass $edia colu$nist, co$$entator, announcer, reporter, on-air correspondent or personalit# who is a candidate for an# electi!e public office or is a ca$pai n !olunteer for or e$plo#ed or retained in an# capacit# b# an# candidate or political part# shall be dee$ed resi ned, if so re&uired b# their e$plo#er, or shall take a lea!e of absence fro$ his>her work as such durin the ca$pai n period. Pro!ided, That an# $edia practitioner who is an official of a political part# or a $e$ber of the ca$pai n staff of a candidate or political part# shall not use his>her ti$e or space to fa!or an# candidate or political part#. :.<. @o $o!ie, cine$ato raph or docu$entar# portra#in the life or bio raph# of a candidate shall be publicl# e(hibited in a theater, tele!ision station or an# public foru$ durin the ca$pai n period. :.4. @o $o!ie, cine$ato raph or docu$entar# portra#ed b# an actor or $edia personalit# who is hi$self a candidate shall be publicl# e(hibited in a theater, tele!ision station or an# public foru$ durin the ca$pai n period. Se !"#$ )% Affir$ati!e Action b# the )+,E'E). <.0. Pursuant to Sections ?= and ?2 of the +$nibus Election )ode *8atas Pa$bansa 8ld . 440-, the )+,E'E) shall procure the print space upon pa#$ent

of "ust co$pensation fro$ at least three */- national newspapers of eneral circulation wherein candidates for national office can announce their candidacies. Such space shall be allocated free of char e e&uall# and i$partiall# a$on all the candidates for national office on three */- different calendar da#s. the first da# within the first week of the ca$pai n period1 the second da# within the fifth week of the ca$pai n period1 and the third da# within the tenth week of the ca$pai n period. <.2. The )+,E'E) shall also procure free airti$e fro$ at least three */- national tele!ision networks and three*/- national radio networks, which shall also be allocated free of char e e&uall# and i$partiall# a$on all candidates for national office. Such free ti$e shall be allocated on three */- different calendar da#s1 the first da# within the first week of the ca$pai n period1 the second da# within the fifth week of the ca$pai n period1 and the third da# within the tenth weeks of the ca$pai n period. <./. The )+,E'E) $a# re&uire national tele!ision and radio networks to sponsor at least three */- national debates a$on presidential candidates and at least one *0- national debate a$on !ice presidential candidates. The debates a$on presidential candidates shall be scheduled on three */- different calendar da#s1 the first debate shall be scheduled within the first and second week of the ca$pai n period1 the second debate within the fifth and si(th week of the ca$pai n period1 and the third debate shall be scheduled within the tenth and ele!enth week of the ca$pai n period. The sponsorin tele!ision or radio network $a# sell air-ti$e for co$$ercials and ad!ertise$ents to interested ad!ertisers and sponsors. The )+,E'E) shall pro$ul ate rules and re ulations for the holdin of such debates. Se !"#$ *% )+,E'E) Space and Ti$e. The )+,E'E) shall procure shall in at least one *0- newspaper of eneral circulation and air ti$e

in at least one *0- $a"or broadcastin station or entit# in e!er# pro!ince or cit#.Pro!ided, howe!er, That in the absence of said newspaper, publication shall be done in an# other $a a%ine or periodical in said pro!ince or cit#, which shall be known as ")+,E'E) Space". Pro!ided, further, That in the absence of said broadcastin station or entit#, broadcastin shall be done in an# radio or tele!ision station in said pro!ince or cit#, which shall be known as ")+,E'E) Ti$e". Said ti$e shall be allocated to the )+,E'E) free of char e, while said space shall be allocated to the )+,E'E) upon pa#$ent of "ust co$pensation. The )+,E'E) ti$e and space shall be utili%ed e(clusi!el# b# the )+,E'E) for public infor$ation disse$ination on election-related concerns. Se !"#$ 9% Postin of )a$pai n ,aterials. The )+,E'E) $a# authori%e political parties and part#-list roups to erect co$$on poster areas for their candidates in not $ore than ten *0- public places such as pla%as, $arkets, baran a# centers and the like, wherein candidates can post, displa# or e(hibit election propa anda. Pro!ided, That the si%e of the poster areas shall not e(ceed twel!e *02- b# si(teen *0:- feet or its e&ui!alent. 9ndependent candidates with no political parties $a# likewise be authori%ed to erect co$$on poster areas in not $ore than ten *0=public places, the si%e of which shall not e(ceed four *6- b# si( *:feet or its e&ui!alent. )andidates $a# post an# lawful propa anda $aterial in pri!ate places with the consent of the owner thereof, and in public places or propert# which shall be allocated e&uitabl# and i$partiall# a$on the candidates. Se !"#$ 10% 7i ht to 7epl#. All re istered parties and bona fide candidates shall be ha!e the ri ht to repl# to char es published a ainst the$. The repl# shall be i!en publicit# b# the newspaper, tele!ision and>or radio station which first printed or aired the char es

with the sa$e pro$inence or in the sa$e pa e or section or in the sa$e ti$e slot as the first state$ent. Se !"#$ 11% 7ates for Political Propa anda. Durin the election period, $edia outlets shall char e re istered political parties and bona fide candidates a discounted rate of thirt# percent */=A- for tele!ision, twent# percent *2=A- for radio and ten *0=A- for print o!er the a!era e rates char ed durin the first three &uarters of the calendar #ear precedin the elections. Se !"#$ 12% Substitution of )andidates. 9n case of !alid substitutions after the official ballots ha!e been printed, the !otes cast for the substituted candidates shall be considered as stra# !otes but shall not in!alidate the whole ballot. For this purpose, the official ballots shall pro!ide spaces where the !oters $a# write the na$e of the substitute candidates if the# are !otin for the latter. Pro!ided, howe!er, That if the substitute candidate of the sa$e fa$il# na$e, this pro!ision shall not appl#. Se !"#$ 1&% Authorit# of the )+,E'E) to Pro$ul ate 7ules1 Election +ffenses. The )+,E'E) shall pro$ul ate and furnish all political parties and candidates and the $ass $edia entities the rules and re ulations for the i$ple$entation of this Act, consistent with the criteria established in Article 9B-), Section 6 of the )onstitution and Section 4: of the +$nibus Election )ode *8atas Pa$bansa 8ld . 440-. 7ules and re ulations pro$ul ated b# the )+,E'E) under and b# authorit# of this Section shall take effect on the se!enth da# after their publication in at least two *2- dail# newspapers of eneral circulation. Prior to effecti!it# of said rules and re ulations, no political ad!ertise$ent or propa anda for or a ainst an# candidate or political part# shall be published or broadcast throu h $ass $edia. Ciolation of this Act and the rules and re ulations of the )+,E'E) issued to i$ple$ent this Act shall be an election offense punishable

under the first and second para raphs of Section 2:6 of the +$nibus Election )ode *8atas Pa$bansa 8ld . 440-. Se !"#$ 1'% 7epealin )lause. Section :< and 45 of the +$nibus Election )ode *8atas Pa$bansa 8ld . 440- and Sections 0= and 00 of 7epublic Act @o. ::6: are hereb# repealed. As a conse&uence, the first pro!iso in the third para raph of Section 00 of 7epublic Act @o. 46/: is rendered ineffecti!e. All laws, presidential decrees, e(ecuti!e orders, rules and re ulations, or an# part thereof inconsistent with the pro!isions of this Act are hereb# repealed or $odified or a$ended accordin l#. Se !"#$ 1(% Separabilit# )lause. 9f an# pro!ision or part hereof is held in!alid or unconstitutional, the re$ainder of this Act not otherwise affected shall re$ain in full force and effect. Se !"#$ 16% Effecti!it#. This Act shall take effect i$$ediatel# upon its appro!al. Appro!ed. Februar# 02, 2==0 *S d.GLORIA +ACAPAGAL,ARROYO President of the Philippines