La investigación formativa en Colombia: diferentes problemáticas, mismos ejes

I. Premature Campaigning

GENERAL RULE: Any election campaign or partisan political activity for or against any candidate outside of the campaign period is prohibited and shall be considered as an election offense. [Sec. 80, B.P. 881]

EXCEPTION: Political parties may hold political conventions to nominate their official candidates within 30 days before the start of the period for filing a certificate of candidacy. [Sec. 15, R.A. 9369, Poll Automation Law]

Prohibited campaigning days: It is unlawful for any person to engage in an election campaign or partisan political activity on:

(1) Maundy Thursday (2) Good Friday

(3) eve of Election Day and

(4) Election Day [Sec. 3, COMELEC Resolution 8758]

PENERA VS COMELEC

G.R. No. 181613, November 25. 2009

Facts: On 11 September 2009, the SC affirmed the COMELEC‘s decision to disqualify Penera as mayoralty candidate in Sta. Monica, Surigao del Norte, for engaging in election campaign outside the campaign period, in violation of Sec. 80 of B.P. 881. Penera moved for reconsideration, arguing that she was not yet a candidate at the time of the supposed premature campaigning, since under Sec. 15 of R.A. 9369 one is not officially a candidate until the start of the campaign period.

Issue: WON Penera‘s disqualification for engaging in premature campaigning should be reconsidered. Held: At the time the supposed premature campaigning took place, Penera was not officially a ―candidate‖ albeit she already filed her certificate of candidacy. Under Section 15 of R.A. 9369, a person who files his certificate of candidacy is considered a candidate only at the start of the campaign period, and unlawful acts applicable to such candidate take effect only at the start of such campaign period. Thus, a candidate is liable for an election offense only for acts done during the campaign period, not before. Before the start of the campaign period, such election offenses cannot be committed and any partisan political activity is lawful.

1. Election Campaign or Partisan Political Activity

An act designed to promote the election or defeat of a particular candidate or candidates to a public office. [Sec. 79, B.P. 881]

Exclusions:

(1) Acts performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, aggroupment, or coalition of parties.

(2) Public expressions of opinions or discussions of probable issues in a forthcoming election or on attributes or criticisms of probable candidates proposed to be nominated in a forthcoming political party convention.

[Sec. 79, B.P. 881]

Persons Prohibited from Campaigning:

(1) Members of the board of election inspections [Sec. 173, B.P. 881]

(2) Civil service officers or employees [Art. IX- B, Sec. 2 (4), Const.]

(3) Members of the military [Art. XVI, Sec. 5 (3), Const.]

(4) Foreigners, whether juridical or natural persons.

2. Campaign Period

For President, Vice-President and Senators - 90 days before the day of the election.

For Members of the HR and elective provincial, city and municipal officials - 45 days before the day of the election. [Sec. 5, R.A. 7166]

3. Lawful Election Propaganda

(1) Pamphlets, leaflets, cards, decals, stickers, or other written or printed materials not larger than 8.5x14 inches

(2) Handwritten or printed letters urging voters to vote for or against any political party or candidate

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posted, not larger than 2x3 feet

(4) Streamers not larger than 3x8 feet are allowed at a public meeting or rally or in announcing the holding of such. May be displayed 5 days before the meeting or rally and shall be removed within 24 hours after such

(5) Paid advertisements in print or broadcast media  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. [Sec.

4.1, R.A. 9006]

 If the broadcast is given free of charge by the radio or TV station, 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. [Sec. 4.2, R.A. 9006]

 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 said candidate or political party. Written acceptance must be attached to the advertising contract and submitted to the COMELEC within 5 days after its signing. [Sec. 4.3, R.A. 9006, cf. Sec. 6.3, R.A. 9006]

(6) All other forms of election propaganda not prohibited by the Omnibus Election Code or the Fair Election Act of 2001. [Sec. 3, R.A. 9006, The Fair Election Act]

4. Prohibited Acts For any foreigner to:

(1) Aid any candidate or political party, directly or indirectly

(2) Take part or influence in any manner any election

(3) Contribute or make any expenditure in connection with any election campaign or partisan political activity [Sec. 81, B.P. 881] For any person during the campaign period to:

(1) Remove, destroy, obliterate or in any manner deface or tamper with lawful election propaganda

(2) Prevent the distribution of lawful election propaganda [Sec. 83, B.P.881]

For any candidate, political party, organization or any person to:

(1) Give or accept, directly or indirectly, free of charge, transportation, food or drinks or things of value during the five hours before and after a public meeting, on the day preceding the election, and on the day of the election; (2) Give or contribute, directly or indirectly, money

or things of value for such purpose (Sec. 89, B.P. 881)

Note: Sec. 85 ―Prohibited election propaganda‖ of B.P. 881 was repealed by Sec. 14 R.A. 9006. 5. Equal Access to Media Time and Space Print advertisements shall not exceed 1/4 page, in broad sheet and 1/2 page in tabloids thrice a week per newspaper, magazine or other publications. Bona fide candidates and registered political parties running for nationally elective office are entitled to not more than 120 mins of TV advertisement and 180 mins of radio advertisement whether by purchase or by donation.

Bona fide candidates and registered political parties running for locally elective office are entitled to not more than 60 mins of TV advertisement and 90 mins of radio advertisement whether by purchase or by donation.

Broadcast stations or entities are required to submit copies of their broadcast logs and certificates of performance to the COMELEC for the review and verification of the frequency, date, time and duration of advertisement broadcast for any candidate or political party.

All mass media entities are required to furnish the COMELEC with a copy of all contracts for advertising, promoting or opposing any political party or the candidacy of any person for public office within 5 days after its signing.

No franchise or permit to operate a radio or TV station shall be granted or issued, suspended or cancelled during the election period.

Any mass media columnist, commentator, announcer, reporter, on-air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall:

(1) be deemed resigned, if so required by their employer or

(2) take a leave of absence from his/her work as such during the campaign period

No movie, cinematograph or documentary shall be publicly exhibited in a theater, television station or any public forum during the campaign period which:

(1) portrays the life or biography of a candidate (2) is portrayed by an actor or media personality

who is himself a candidate. [Sec. 6, R.A. 9006] 6. Election Surveys

The measurement of opinions and perceptions of the voters as regards a candidate's popularity, qualifications, platforms or a matter of public discussion in relation to the election, including voters' preference for candidates or publicly discussed issues during the campaign period.

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published 15 days before an election and surveys

affecting local candidates shall not be published 7 days before an election.

Exit polls may only be taken subject to the following requirements:

(1) Pollsters shall not conduct their surveys within 50m from the polling place, whether said survey is taken in a home, dwelling place and other places

(2) Pollsters shall wear distinctive clothing

(3) Pollsters shall inform the voters that they may refuse to answer and

(4) The result of the exit polls may be announced after the closing of the polls on election day and must clearly identify the total number of respondents, and the places where they were taken. Said announcement shall state that the same is unofficial and does not represent a trend. [Sec. 5, R.A. 9006]

7. Application for Rallies, Meetings and Other Political Activity

(a) All applications for permits must immediately be posted in a conspicuous place in the city or municipal building, and the receipt thereof acknowledged in writing.

(b) Applications must be acted upon in writing by local authorities concerned within 3 days after their filing. If not acted upon within said period, deemed approved.

(c) The only justifiable ground for denial of the application is when a prior written application by any candidate or political party for the same purpose has been approved.

(d) Denial of any application for said permit is appealable to the provincial election supervisor or to the COMELEC whose decision shall be made within 48 hours and which shall be final and executory. [Sec. 87, B.P. 881]

II. Prohibited Contributions

In document Nubia Patricia Méndez Morales Maestría en Comunicación, Desarrollo y Cambio Social Corporación Universitaria Minuto de Dios UNIMINUTO ID. (página 24-27)