Omnibus Rules on Campaign Finance

Rule 7: Acceptance and Submission of Advertising Contracts and Reporting

SECTION 1. Written Acceptance of Election Propaganda and/or Political Advertisements. - Election propaganda materials donated or contributed by any person to a candidate or party shall not be printed, published, broadcasted, or exhibited, unless it is accompanied by the written acceptance by said candidate or party, through the party treasurer.

Such written acceptance of the donated election propaganda materials must be personal to the candidate or party treasurer, and cannot be delegated to their duly authorized representatives designated to receive donations or contributions. [RA 9006, Secs. 4.3] [n]

SECTION 2. What Constitutes an Advertising Contract. - Broadcast orders, media purchase orders, booking orders, or other similar documents shall be considered as advertising contracts as long as the following information are contained therein:

  1. The period when the political advertisement is scheduled to be published, broadcasted or exhibited;
  2. The date when the contract was entered into;
  3. The name and signature of the person who placed the advertisement, regardless of whether said person is a contributor or donor, or the duly authorized representative of the candidate or party;
  4. The name and signature of the candidate or party who will benefit from the advertisement as a sign of acceptance;
  5. The particulars of the political advertisement (e.g. the size of the advertisement as published on periodicals, duration of the advertisement in terms of airtime, frequency, number of spots, and program or timeslot, etc.);
  6. The serial number of the official receipt issued to the candidate or party by the mass media entity; and
  7. The amount or consideration paid for the advertisement contract.

Regardless of whether the political advertisement was placed by a contributor or donor, the candidate or party treasurer, or their duly authorized representatives, all advertising contracts must be signed by the candidate concerned or the duly authorized representative of the party. [RA 9006, Sec. 6.3] [n]

SECTION 3. When to File Copies of Advertising Contracts. - All mass media entities shall furnish the COMELEC with a clear and legible copy of all contracts for advertising, promoting or opposing any political party of the candidacy of any person for public office within five (5) days after its signing.

SECTION 4. Where and How to Submit Copy of Advertising Contracts. - All copies of advertising contracts must be accompanied by a Summary Report of Advertising Contracts (prescribed Form SAC), which will serve as a cover report for all the advertising contracts submitted by the mass media entity on that day.

The copy of advertising contracts attached to Form SAC must be clear, legible, and must contain the information listed in Section 2 of this Rule. It must likewise be supported with a copy of the official receipt issued to the contributor or donor, candidate or party who paid for the advertising contract.

Mass media entities with offices within the National Capital Region (NCR) must make their submissions directly to the Campaign Finance Office.

For mass media entities located outside of the NCR, they must furnish a copy of the advertising contracts in accordance with the formal requirements stated herein to the nearest Office of the Regional Director (ORED) or Office of the Provincial Supervisor (OPES). Said COMELEC Field Officer shall then be responsible for sending the soft copy of the said submissions via e-mail within twenty four (24) hours upon receipt.

It shall be the duty of the CFO in case of national candidates and parties, and the concerned COMELEC Field Officer for local candidates and parties, to formally notify mass media entities that the latter's failure to comply with the mandatory provisions of this Section shall be considered an election offense punishable pursuant to Section 13 of Republic Act No. 9006. [RA 9006, Secs. 6.3 and 13]



Previous Page: Rule VI

Next Page: Rule VIII