In this case, AG himself averred that the advertisement in question was paid for by the organization named “Friends of AG”. This advertisement may be considered as a donation to AG under Section 4 of R.A. 9006 which explicitly requires that it shall not be published without the written acceptance of the said candidate, which written acceptance shall be attached to the advertising contract and submitted to the COMELEC. Since the advertisement was published there arises a presumption that there was written acceptance by AG of the said advertisement paid for or donated by his friends in the absence of evidence to the contrary. Hence there is probable cause or reasonable ground to believe that he participated in the act complained of.
Probable cause does not mean actual or positive cause, nor does it import absolute certainty. It does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is such a state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to entertain an honest and strong belief that the act or omission complained of constitutes the offense charged.
The requirement for a written acceptance by a candidate of donated advertisements is a safeguard provided by law against the danger of publishing or broadcasting election propaganda beyond the required frequency, size and other limitations imposed by law without the candidates’ express agreement since the violation thereof results in the prosecution of the candidate for an election offense punishable by Section 264 of the Omnibus Election Code.
Fair Elections Act (Section 6, R.A. 9006) requiring that print advertisements shall not exceed page in a broad sheet and page in a tabloid and that the same shall be published only thrice a week per newspaper, magazine or other publication during the campaign period. Also involved is Section 4 which requires that any published or printed political matter shall be identified by legible words “political advertisement paid by” followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed and that if it is donated, it shall not be published without the written acceptance by said candidate.
Hence the Information already filed in the Regional Trial Court must be allowed to take its due course.
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