Comelec pushes Congress to pass law to fix loophole in premature campaigning
THE COMMISSION on Elections (Comelec) on Sunday, July 8, called on Congress to pass a law that will fix the “loophole” against premature campaigning.
The solution to stopping politicians from promotional activities way ahead of the prescribed period is legislation, Comelec spokesperson James Arthur B. Jimenez said at the Balitaan sa Maynila Forum at Tinapayan Festival in Manila.
“Ang solusyon po [sa premature campaigning] kailangan manggaling sa mambabatas, sa Kongreso (The solution should come from the lawmakers in Congress),” he said.
Mr. Jimenez pointed out that the rules against premature campaigning have changed over the years, especially after a Supreme Court (SC) ruling in 2009.
“Ano ang tinatawag nating premature campaigning bilang pangkaraniwang mamamayan? Ang pagkakaintindi natin ay di pa nga nag e-eleksyon ay nangangampanya na. Bilang mamamayan, ano yung tinatawag nating pangangampanya? Ito yung pagpapakilala sa sarili, pag presenta ng sarili bilang posibleng tatakbo (What is premature campaigning from the perspective of ordinary citizens? We understand it as a campaign activity prior to the election period. As ordinary citizens, what is ‘campaigning’? It happens when one introduces or presents himself as a possible candidate),” he said.
Mr. Jimenez cited that the SC, in the case of Rosalinda A. Penera versus the Comelec and Edgar T. Andanar, ruled that “a person who files a certificate of candidacy is not a candidate until the start of the campaign period.”
”Assuming that all candidates to a public office file their certificates of candidacy on the last day, which under Section 75 of the Omnibus Election Code is the day before the start of the campaign period, then no one can be prosecuted for violation of Section 80 for acts done prior to such last day. Before such last day, there is no ‘particular candidate or candidates’ to campaign for or against. On the day immediately after the last day of filing, the campaign period starts and Section 80 ceases to apply since Section 80 covers only acts done ‘outside’ the campaign period,” he explained.
Section 80 of the Omnibus Election Code of the Philippines states: “Election campaign or partisan political activity outside campaign period. — It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period: Provided, That political parties may hold political conventions or meetings to nominate their official candidates within thirty days before the commencement of the campaign period and forty-five days for Presidential and Vice-Presidential election.”
Mr. Jimenez said this “loophole” stems from the law itself and should therefore be remedied through another legislation.
According to the Comelec official, the agency also has no power to penalize politicians who post advertising materials prior to the official campaign period.
“Allowed yan eh. Again, tandaan natin hanggang di nagsisimula ang campaign period ayon sa batas, free expression yan… (That is allowed. Again, remember that prior to the start of the campaign period, that is considered as free expression).” — Arjay L. Balinbin
DoJ orders NBI to get ‘immediate results’ in local officials’ killings
JUSTICE SECRETARY Menardo I. Guevarra has asked National Bureau of Investigation (NBI) Director Dante A. Gierran to get “immediate results” in the agency’s investigations on a string of murders of local government officials last week.
The most recent victim was Trece Martires, Cavite Vice Mayor Alex Lubigan, who, along with his driver, were shot dead last Saturday afternoon.
In a text message sent to reporters on Sunday, Mr. Guevarra said he has ordered Mr. Gierran to “include (Mr. Lubigan’s death) in the NBI’s ongoing investigation” on the murders of Tanauan, Batangas Mayor Antonio C. Halili and General Tinio, Nueva Ecija Mayor Ferdinand P. Bote.
According to a police report, the 44-year-old Mr. Lubigan was inside his vehicle when he was ambushed by still unidentified assailants. A similar incident happened to Mr. Bote on July 3, while Mr. Halili was shot from afar by a marksman during his city’s weekly flag ceremony last July 2.
Mr. Guevarra said he wants the NBI to “determine if there’s a pattern or (if) the incidents were unrelated.”
Senators Francis N. Pangilinan, meanwhile, expressed concerns over the spate of killings, raising the possibility that the incidents may have been deliberate to create “an atmosphere to justify strongman rule.”
“What is going on? Are these deliberate and orchestrated attempts at creating an atmosphere of lawlessness to justify strongman rule?” Mr. Pangilinan said in a statement Saturday evening.
“A swift, sure, and lawful move by the PNP (Philippine National Police) to bring the killers behind bars is what the public awaits. At the same time, the police must ensure visibility, especially in key critical areas to prevent another bloody incident. What we want is a safe, secure, and peaceful society, not a gangster land,” he added.
For his part, Senator Paolo Benigno A. Aquino IV, in a statement on Sunday, said, “To stop the violence, the government should first correct the use of force. If violence is continually being used as a solution to solve the country’s problems, our society will never be peaceful and safe.” — Dane Angelo M. Enerio and Camille A. Aguinaldo
