Fair Election Act

Senate TWENTIETH CONGRESS OF THE ) See offin of the rictary REPUBLIC OF THE PHILIPPINES ) First Regular Session 26 MAR 19 A10:38 SENATE RECEIVED BY: 1994 S. No. - Introduced by Senator MANUEL "LITO" M. LAPID AN ACT PROTECTING PRIVATE CITIZENS' RIGHTS TO EXPRESS THEIR POLITICAL BELIEFS AND PREFERENCES WITHIN THE SANCTITY AND SAFETY OF THEIR HOMES AND PRIVATE PROPERTIES, ENSURING THAT THE RIGHT OF PRIVATE INDIVIDUALS TO FREE SPEECH AND EXPRESSION IS NOT ABRIDGED, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9006, OTHERWISE KNOWN AS THE "FAIR ELECTION ACT" EXPLANATORY NOTE Article III, Section 4 of the 1987 Constitution states that "InJo law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances". The Commission on Elections (COMELEC) is the Constitutionally mandated body designed to guard the sanctity of the ballot. Its principal role is to enforce and administer all laws and regulations relative to the conduct of elections, plebiscites, initiatives, referendums and recalls. As protector of the people's right of suffrage, the COMELEC endeavors to faithfully and equitably discharge its solemn constitutional responsibility of ensuring the sanctity of elections. Among the COMELEC's many functions are the supervision and regulation of election- related propaganda. Section 20 of the COMELEC Resolution No. 10730 promulgated on 17 November 2021, states that "[p]arties and candidates may post lawful campaign material in authorized common poster areas in public places and in private property, provided that the posting has the consent of the owner". In 2015, the Supreme Court ruled in the case of Diocese of Bacolod v. COMELEC, that

Section 9 of Republic Act (R.A.) No. 9006, which gives the COMELEC the power to monitor

the posting of campaign materials, only applies to candidates and political parties. The aforementioned clause of R.A. No. 9006 does not empower the COMELEC to regulate the size of campaign materials that an individual may publish on his or her own private property. The Supreme Court stated that the "2 feet by 3 feet size, if not readable by the general public at certain distances, would render communication meaningless". This will amount to an abridgment of free speech with political ramifications. The COMELEC's assertion that the Diocese of Bacolod case is limited to "campaign materials regarding advocacy" is deceptive, as the Supreme Court decision was not rendered pro hac vice (for that case only). The doctrines established by the Supreme Court in that decision apply to all matters involving a non-candidate exercising their right to free expression through the use of their own private property. As stressed in Adiong v. COMELEC, "[a]ll of the protections expressed in the Bill of Rights are important but we have accorded to free speech the status of a preferred freedom." The qualitative significance of this right "arises from the fact that it is the matrix, the indispensable condition of nearly every other freedom". In Mutuc v. COMELEC, the Supreme Court even went as far to rule that this freedom "calls all the more for the utmost respect when what may be curtailed is the dissemination of information to make more meaningful the equally vital right of suffrage". As declared in the Adiong case, there must be showing that there is clear public interest threatened by such activity so as to justify the curtailment of the cherished citizen's right of free speech and expression. Under the clear and present danger rule, not only must the danger be patently clear and pressingly present but the evil sought to be avoided must be so substantive as to justify a clamp over one's mouth or a writing instrument to be stilled. This, the COMELEC still has failed to reasonably address in order to justify its recent actions. Significantly, the freedom curtailed in this instance is not so that of the candidate or the political party. The regulation glaringly strikes at the freedom of an individual to express his/her preference. Private citizens have the right to freely express their political beliefs and preferences within the sanctity and safety of their homes and private properties without undue interference from the COMELEC and other policing and regulatory institutions. This measure seeks to protect that right and help ensure the continued practice and exercise of a healthy and vibrant democracy during the period of national or local elections.

In view of the foregoing, early passage of this bill is sought. Senator

Senato Offire of the soneray TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 26 MAR 19 A10:38 SENATE RECEIVED BY: S. No. 1994 Introduced by Senator Manuel "Lito" M. Lapid AN ACT PROTECTING PRIVATE CITIZENS' RIGHTS TO EXPRESS THEIR POLITICAL BELIEFS AND PREFERENCES WITHIN THE SANCTITY AND SAFETY OF THEIR HOMES AND PRIVATE PROPERTIES, ENSURING THAT THE RIGHT OF PRIVATE INDIVIDUALS TO FREE SPEECH AND EXPRESSION IS NOT ABRIDGED, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9006, OTHERWISE KNOWN AS THE "FAIR ELECTION ACT" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 9 of Republic Act No. 9006, otherwise known as the "Fair Election

Act", is hereby amended to read as follows: "Section 9. Posting of Campaign Materials. - The COMELEC may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than ten (1) public places such as plazas, markets, barangay centers and the like, wherein candidates can post, display or exhibit election propaganda: Provided, That the size of the poster areas shall not exceed twelve (12) by sixteen (16) feet or its equivalent. xxx "THIS SECTION EXCLUDES CAMPAIGN MATERIALS PRODUCED BY OR ON BEHALF OF ANY

PRIVATE INDIVIDUAL OR ENTITY WHO ARE NOT THEMSELVES CANDIDATES OR AFFILIATED WITH ANY POLITICAL ORGANIZATION OR MOVEMENT. PRODUCTION AND POSTING OF MATERIALS BY SUCH PRIVATE INDIVIDUALS AND ENTITIES SHALL THUS NOT BE SUBJECTED TO THE SIZE LIMITS, PROVIDED THAT THESE MATERIALS ARE POSTED IN THEIR HOMES AND PRIVATE PROPERTIES. IN CASE OF DOUBT, ALL ISSUES PERTAINING TO THE EXERCISE BY SUCH PRIVATE INDIVIDUALS AND ENTITIES SHALL BE DECIDED IN FAVOR OF THEIR RIGHT TO FREE SPEECH AND EXPRESSION. THIS EXCLUSION SHALL NOT APPLY TO ADVERTISING SPACES AND OTHER SIMILAR AREAS LEASED FOR POSTING ELECTION PROPAGANDA MATERIALS REGARDLESS IF THEY ARE LOCATED IN PRIVATE PROPERTIES."

Sec. 2. Repealing Clause. - All laws, executive orders, presidential decrees, presidential

proclamations, letters of instruction, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 3. Effectivity Clause. - This Act shall take effect fifteen (15) days following its

publication in the Official Gazette or in two (2) newspapers of general circulation in the Philippines. Approved,