COMELEC RESOLUTION No.

201204 UNLAWFUL ELECTIONEERING

Promulgated: 17 February 2012 WHEREAS, according to Article VI, Section 4, Footnote 6 of the Amended Electoral Code 2011, Unlawful electioneering is hereby defined as campaigning during the polling period which includes, but is not limited to, failure to remove all campaign paraphernalia as the election proper starts and Internet campaigning. WHEREAS, according to Article VI, Section 4 of the Amended Electoral Code 2011, unlawful electioneering is a major violation, WHEREAS, according to Article VI, Section 1, Footnote 5 of the Amended Electoral Code 2011, Internet campaigning is hereby defined as posting or entering as ones status endorsements of candidates as well as having campaign materials as profile pictures. Therefore, once election proper starts, individual profile pictures should have been changed and fanpages should have no activity whatsoever (no additional posts, no changing of pictures, and no other acts that allow the fan page to go up the news feed). Deletion of previous posts is not necessary. WHEREAS, the Ateneo COMELEC deems that considering the failure to remove all campaign paraphernalia as soon as election proper starts as a major violation is unreasonable due to the fact that the candidates have no direct control over the handling (and removal) of all of their body tags, WHEREAS, the Ateneo COMELEC also deems that the definition of internet campaigning considering all forms of internet campaigning as major violations is unreasonable due to the fact that the candidates have no direct control over its dissemination, WHEREAS, the Ateneo COMELEC still considers failure to remove all campaign paraphernalia posted on campus (which include but are not limited to streamers, banners, posters, and teasers), and physical campaigning under unlawful electioneering as major violations, WHEREAS, the Ateneo COMELEC takes into consideration the fact that in the case that a candidate incurs several offenses under unlawful electioneering, then there would be a higher probability of disqualification, WHEREAS, according to Article XV Section 1 of the Amended Electoral Code 2011, If any provision of this Code is held invalid or unconstitutional, other provisions not affected thereby shall remain in effect. WHEREAS, according to Article XIV Section 3b of the Constitution, The COMELEC is vested with power to promulgate rules and regulations, as well as decisions and instructions, regarding previously stated matters by virtue of a resolution. NOW THEREFORE, pursuant to the powers vested in it by the 2005 Constitution of the Undergraduate

Students of the Ateneo de Manila, the Ateneo Commission on Elections RESOLVED, as it hereby RESOLVES, to promulgate: 1) That failure to remove body tags by election proper falls under unlawful electioneering as a minor violation 2) That internet campaigning during election proper falls under unlawful electioneering as either a minor or a major violation, with minor violations including but not limited to: a. any posts made on, via, and by the fan page during the election period (in this case, from 9:00 AM of February 14 to 12:00 noon of February 19) b. user names, posts, profile pictures, and comments that include will vote for, supports, the candidates slogan, or any other statements that express his/her preference for particular candidate(s), party and/or coalition c. profile pictures that include but are not limited to the candidate(s) and/or party and/or coalition name, slogan, the words vote (for) or any other statements that express support, inclination, or preference towards a candidate(s), party, and/or coalition d. endorsements as defined by Ateneo COMELEC Resolution No. 201202 entitled Endorsements. 3) The recognition of only the heavier offense in the event that a candidate commits several offenses that fall under different types of unlawful electioneering, whether minor or major.

SO ORDERED,

(Sgd.) Jasmine P. Leao Chief Commissioner (Sgd.) Erinne D. Baniaga Commissioner (Sgd.) Nina Margarita R. Castrillo Commissioner (Sgd.) Mary Kryslette C. Bunyi Commissioner (Sgd.) Zedrick SJ. Torres Commissioner