Risa Hontiveros-Baraquel's television commercial

Libertas executive director Roberto Cadiz said Aquino gets a free ride since the ads are charged against the advertising limitations of another candidate, in this case, Hontiveros. He shares the exposure without sharing the cost and the time.

The ad definitely benefits Aquino, said campaign strategist Marilou Tiquia. “He reaches out to a different base,” she said. Hontiveros is the outgoing representative of party-list group Akbayan.

In the ad, Aquino also invoked the memory of his late mother, the late President Corazon Aquino. This is significant since his presidential bid was largely a result of the democracy icon’s death. The ad works as a subtle reminder, said Tiquia.

 Rene Sarmiento, an election commissioner, finds the practice generally questionable. "This may be a subtle way of circumventing the law," he told Newsbreak.

Hontiveros countered that her political advertisment works in her favor more than it does Aquino. In a text message, she said she decided to get the endorsement of Aquino because he represents the “growing sentiment of the public who want change.”

Running out of time

Both Villar and Aquino have used up a chunk of the 120 minutes airtime limit the Fair Elections Act has allowed for each national candidate.

In the first month of the campaign period—from February 9 to March 15—Villar has placed a total of 100 minutes for his ads aired on ABS-CBN and 102.75 minutes on GMA-7, according to Pera at Pulitika.

In the same period, Aquino used a total of 95.5 minutes in ABS-CBN and 88 minutes in GMA-7. The two leading TV networks corner the bulk of candidates’ ad spending.

If the Commission on Elections (Comelec) will be strict about implementing the law, Villar and Aquino have very little time left for advertisements.

Ways to skirt the limits

The law is not strict, however. Libertas’s Cadiz admitted to Newsbreak that there are various ways to get around the advertising limits without necessarily violating it.

How Villar and Aquino benefit—knowingly or unknowingly—from the ads of Akap Bata and Hontiveros are just two of the many ways to skirt the limits.

One of the strategies employed since the 2001 elections—the first elections after the political ad ban was lifted—is to use the airtime of political parties.

Aside from the national candidates and party-list groups, political parties—say, Villar’s NP and Aquino’s LP—are also allowed to use 120 minutes of airtime each. Usually, the total minutes allotted for slate ads—a political party’s promotion of all their national candidates—are often reduced to accommodate the airtime needs of individual candidates, particularly the presidential bets.

Cadiz said all these loopholes are a result of the Fair Elections Act’s failure to provide strict rules on the limits to political advertising.

The Comelec has changed interpretations of the advertising limits several times. In 2001, candidates may only use 120 minutes in all TV networks. In 2006, a year before the 2007 senatorial elections, the enforcement of the 120-minute limit was based on regional boundaries. (See Comelec Resolution 7863 amending 7767)

The following year, when the campaign was in full gear, the Comelec changed the coverage of the 120-minute cap again. This time, the airtime limit is set per network. (See Comelec Resolution 8765). This resolution is in effect now. Commissioner Sarmiento said it is easier for the poll body to monitor the ads this way.

But Sarmiento cautions the candidates from abusing the weaknesses of the law.
Depending on how the ads were crafted, party ads may also be counted against the time of the individual candidates present in the ads, although Sarmiento said this is only his opinion. Any legal questions in the future will be decided by the en banc

Free TV appearances

Candidates’ appearances in TV shows are another story.

Various candidates appeared in television shows before the campaign period started in February 2010.

Villar appeared in ABS-CBN noontime show Wowowee in October 2009 and gave away 6 houses to lucky studio contestants. (Read: Villar on Wowowee gives away 6 houses, lots to OFWs).

LP’s former presidential candidate Manuel Roxas II also appeared in the same show to propose marriage to broadcast journalist Korina Sanchez. (Read: Korina wipes Mar's tears on 'Wowowee'). Roxas is now the running mate of Aquino.

Villar also sponsored a game in GMA Network’s noontime show Eat Bulaga. The show’s hosts and dancers sang and danced to a song harping on Villar's hard work and perseverance as the written wishes of the audience were raffled off. Winners brought home cash prizes and grocery items.

Sen. Ramon “Bong” Revilla Jr., a re-electionist and frontrunner in the surveys, has also appeared in the TV program, “Agimat: Ang Alamat ni Ramon Revilla,” which airs on ABS-CBN. The show was a tribute to the senator’s father, the veteran actor Ramon Revilla Sr.