Minute Resolution No. 07-1685
IN THE MATTER OF THE MEMORANDUM OF DIRECTOR JAMES ARTHUR JIMENEZ,
EDUCATION AND INFORMATION DEPARTMENT, SUBMITTING VARIOUS CLARIFICATIONS
BASED ON THE MOST FREQUENTLY ASKED QUESTIONS ON
COMELEC RESOLUTION NO. 8320
Date: 23 October 2007
This pertains to the 19 October Memorandum of Director James Arthur Jimenez, Education and Information Department, submitting various clarifications based on the most frequently asked questions on COMELEC Resolution No. 8320.
The Memorandum of Director James Arthur Jimenez reads:
"Respectfully submitted are the following clarifications- based on the most frequently asked questions- on COMELEC Resolution 8320.
|FREQUENTLY ASKED QUESTIONS||APPLICABLE PROVISION||CLARIFICATION|
|Is it illegal to have posters/streamers or printed materials showing a 'grouping' of candidate for barangay chairman and his Barangay kagawads (or candidate SK Chair and his SK kagawads), in relation to Sec 11 of Reso 8320.
How about the distribution of printed 'sample ballots'?
|SEC. 11. Prohibition against intervention by political party, coalition of political parties, or any other organization. - No person who files a certificate of candidacy shall represent or allow himself to be represented as a candidate of any political party or any other organization; and no political party, political group, political committee, civic, religious, professional, or other organization or group of whatever nature shall intervene in his nomination or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise, favorable to or against his campaign for election:||This provision has been interpreted by the Senior Staff as prohibiting the use of posters and other campaign materials which depict or represent the candidates as being part of a group or party.
However, candidates shall not be prohibited from campaigning together, i.e., at the same place and at the same time, provided they do not represent themselves to be a political grouping. Printing sample ballots is likewise not prohibited. However, the printing of sample ballots which show a complete slate will fall under the prohibition against political groupings.
|Can tarpaulin be used?
Can t-shirts be printed?
|SEC. 3. Lawful election propaganda. - Only the following campaign propaganda shall be allowed:
||Section 3 does not regulate what sort of material may be used, therefore it follows that even expensive materials may be utilized. Candidates should be warned, however, that the extensive use of expensive materials might cause them to overshoot their spending cap.
Section 3 specifies what election propaganda will be allowed; i.e., handbills and posters. This rules out t-shirts, caps, pens, lighters, and other similar objects.
However, campaign apparel, i.e., t-shirts and caps bearing the name and image of a candidate, may be worn by campaign workers. Each candidate is entitled to one campaign worker per 100 registered voters in his Barangay (Section 18).
|Can we install streamers and banners?||SEC. 4. Common Poster Area. - The Election Officer shall, not later than October 12, 2007, designate in each Barangay not more than ten (10) common poster areas wherein candidates may place, display or exhibit their campaign posters. The common poster area shall be erected in a public place such as plazas, markets, Barangay centers and the like, at the expense of the candidates availing of the poster area. The common poster area shall not exceed twelve (12) by sixteen (16) feet or its equivalent. Candidates shall be allowed to post only one (1) poster in every common poster area.|| No. Streamers and banners are strung across streets or between buildings. This violates Section 4 of COMELEC Resolution 8320, on Common Poster Areas:
|Can we put posters on tricycles and other similar modes of public conveyance?||No. Putting up posters on public conveyances is tantamount to posting outside common poster areas, and therefore violative of Reso. 8320. This rule applies even when the tricycle is the private property of the candidate since the vehicle operates under a legislative franchise, making it public (not private) in character.|
It is respectfully requested that these clarifications be approved and sanctioned for dissemination to the public at the earliest possible opportunity.
For your Honor's consideration."
The Commission RESOLVED as it hereby RESOLVES, to approve the foregoing clarifications of Director James Arthur Jimenez, Education and Information Department, on frequently asked questions on Comelec Resolution No. 8320; and to direct the Education and Information Department to give it the widest dissemination possible.
Let the Education and Information Department implement this resolution.