Republic 'of the Philipp$nes COMMISSION ON ELE

Intramuros, Mani

IN THE MATTER OF E.M. NOS. 13-001 & 13-002 RE: LETTERS OF GMA NETWORK AND KBP SEEKING RECONSIDERATION AND CLARIFICATION OF CERTAIN PROVISIONS IN RESOLUTION NO. 9615, AND SOME MINOR CORRECTIONS OF TYPOGRAPHICAL ERRORS THEREIN.

* BRILLANTES, Sixto S. Jr. , Chairman SARA4IENT0, Rene V . , TAGLE, Luceniro N . , Commissio VELASCO, Armondo C . , Commissio YUSOPH, Elios R . , ~ o m m i s s i o n e w LIM, Christian Robert PADACA, Afo. Grocio

Promulgated:

February I , 2013&c

During the public hearing set on 31 Jal~uary 2013 on the aforementioned letters of GMA Network and the Kapisanai~ ng mga Brodkaster ng Pilipinas ("KBP") which were docketed as Election Matters Nos. 13-001 and 13-002 by this Commission in Minzite Resolzrtion No. 13-0126 dated 24 Jn1zunl-y 2023, the Comlnission En Bnnc RESOLVES, as it hereby RESOLVED, to CLARIFY and AMENDDEVISE the foregoing sections of Resolution No. 9615:

1. Section 7 (d) OII "Prohibited Fomzs of Election Propaganda" is hereby revised and amended to read:

"(d) For any newspaper or publication, radio, television or cable television station, or other mass media, or any person making use of the mass media to sell or give free of charge print space or airtime for campaign or election propaganda purposes to any candidate or party in excess of the size, duration or frequency authorized by law or these rules. A newspaper or publication, radio, television or cable television station, or other mass media, or any person &ay require any buyer to warrant under oath that such purchase is not in excess of the size, duration or frequency authorized by law or these rules;

963 1 R e s o l u t i o ~ ~ No. In Re: E.M. Nos. 13-001 & 13-002

2: Typographical errors in the second to the last paragraph of Section 7 are corrected to read:

"The violation of items 5 and 6 under subsection (g) shall be a cause for the revocation of the public utility franchise and will make the owner and/or operator of t11y transportation service and/or terminal liable for an election offense under Section 9 of Republic Act No. 9006 as implemented by Section 18 (n) of these Rules."

3. "Color motif" is hereby deleted from Sections 1 (4) and 9 I&

4. A typographical error ill the upper right cell of the table in Section 9 (a) is corrected to rea'd:

,

"Not more than an aggregate total of one hundred twenty (120) n~inutes of television advertising, whether appearing on national, regional, or local, free or cable television, and one hundred eighty (180) minutes of radio advertisii~g, whether airing on national, regional, or local radio, whether by purchase or donation."

5. Section 9 (c) on "Online Election Propaganda", specifically the widt11;i'pixels figure for "Pop-Under" is corrected to show a figure of "720" instead of "7.20". ,

6. . The third (3rd) ' paragraph of Section 9 (a) 011 the 'fReqz~i~enze~zts nrzd/olr Li~~zifntio~zs or1 ' tlze LTse of Election Propaganda thvoz,igh Mass:Medirzn is re.vised and amended to read:

"Appearance or guesting by a candidate on any bona fide newscast, bona fide 'news interview, bona fide news doculnentary, if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news doculnentary, or on-the-spot coverage of bona fid4 'news events, including but not limited to events sa1,ctioned';l;y':the Coinmission 011 Elections, political conventions, and similar activities, shall not be deemed to be broadcast election propaganda within the meaning of this provision. For purposes of ~nonitoring - by the COMELEC and ensuring that. parties and candidates were, afforded equal opportunities to promote their candidacy, the media entity shall give - prior notice to the COMELEC, through - the appropriate Regional -

! Election Director (RED), or in the case of the National Capital 4/16

963 I Resolution No. Page 3 of 5 111 Re: E.M. Nos. 13-001 & 13-002

notice to the COMELEC, through the appropriate - - - Regional - Election Director (RED), or in the case of the National Capital Region (NCR), the Education and Information Department IEID). If such prior notice is not feasible or ~ractic>ble. the notice shall be sent within twentv-four (24) hours from the first broadcast or publicatibn. Nothing in the foregoing sentence - shall be construed as relieving broadcasters, in con~~ection wit11 the preseritation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from t11e obligation imposed upon them under Sections 10 and 14 of these Rules.",

7. Section 14 on the "Riglzt to Reply" is revised and further clarified as follows:

"SECTION 14. Right to Reply. - All registered political parties, party-list groups or coalitions and bona fide candidates shall have the right to reply to charges published or aired against them. The reply shall be give11 publicity by the newspaper, television, and/or radio station which first printed or aired the charges wit11 the same prominence or in the same y age or section or in the same time slot as the first statement.

Registered - political parties, - - partv-list groups - - or coalitions and bo~za f i~ l e candidates may invoke the right to reply by submitting within a non-extendible period of fortv- eight (48) hoursfrorn first broadcast or publication, a formal verified claim against. the media outlet to the COMELEC, through the appropriate RED. The claim shall include a detailed enumeration .of the circumstances and occurrences which warrant the invocation of the right of reply and must be accompanied by supporting - - evidence, such as a copv of the publication or recording of the television or radio broadcast, as the case may b e . If the suppofting evidence is not yet available due to circ~zmstances beyond the power of the

. claimant, the latter sllall supplement his claim as soon as the supporting evidence becomes available, without delav on the part of the claimant. The claimant must likewise furnish a copv of the verified claim and its attachments to the media outlet concerned prior to the filing of the claim with the. COMELEC. . .

The COMELEC, through the RED, shall review the verified claim within . forty-eight (48) hours from receipt

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963 1 Resolution No. In Re:' E.M. Nos. 13-001 & 13-002

Page 4 of 5 '

thereof, includin~ supporting - - - evidence, and if circumstances warrant, give notice to the media outlet involved for appropriate action, which shall, within forty-eight (48) hours, submit its comment, answer or response to the RED, explain in^ - the action it has taken to address the claim. TIIS media outlet must likewise furnish a copv - - of the said comment, answer or response to the claimant invoking the right to reply. - -

Should the claimant insist that his/her right to reply was not addressed, he/she mav file the appropriate petition and/or complaint before the Commission on Elections or its field offices, which shall be endorsed to the Clerlc of the Commission."

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8. Section 25 is herebv deleted and deemed incorporated into Section 7 ( f ) and (n), -. and shall be subject to the notice requirement under Sections 17 and 18.

9. The first paragraph of Section 26 on "Electiozr Slrrveys" is amended and clarified as thus:

"SECTION 26. Election Szrrveys. - During the election period, any person, whether natural or juridical, candidate or organization may conduct election surveys. Should thev decide to publish the said survev for public consumption, thev must likewise publish the following information:"

The Office of the Clerk.of the Commission is directed to furnish copies of this Resolution to the parties in E.M. Nos. 13-001 and 13-

. . 002.

The Education and Information Department is likewise directed to cause the publication of this Resolution and to disseminate the same to all affected mass media entities.

These amendments shall take effect immediate1,v upon publication.

SO ORDERED. #$--

903 1 Resolutiot~ No. - In Re: ~.l'h. Nos. 13-001 & 13-002 .

Page 5 of 5

M. PADACA commisBioner Commissioner

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