PREMATURE CAMPAIGNING: COMELEC HAS NO MATCH AGAINST IT.

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PREMATURE CAMPAIGNING: COMELEC HAS NO MATCH AGAINST IT.

February 14, 2016
BY: Daryl Canillas Pagaduan

“No election offenses could be committed before the campaign period.”

Philippines- According to the COMELEC, for the coming 2016 election, the campaign period for candidates for national positions such as president, vice president, senators, and party lists is scheduled on February 9 to May 7, 2016. 

Whereas campaign period for local candidates such as municipal, city, provincial, and regional elective posts and district members of the House of Representatives is fixed on March 25 to May 7, 2016.

Many Filipinos were mystified of why politicians were able to adorn the streets of Philippines with banners bearing their faces with indications of their intent to join the upcoming 2016 election and even do different campaign strategies like motorcades and barangay visits before the said campaign period. And yet, not even one of these politicians has been charge by the COMELEC of Premature Election Campaigning as prohibited under Section 80, BP 881 -the Omnibus Election Code of the Philippines.

In Lanot v. COMELEC, the Supreme Court stated that the following are the elements of the Premature Election Campaigning:  1) the person engages in election campaign or partisan political activity as defined in Section 79, BP 881; 2) the act is designed to promote the election or defeat of a particular candidate; 3) the act is done outside the campaign period (Section 80, BP 881).

However, by virtue of Section 15, of RA 8436 as amended by RA 9369 otherwise known as the Automated Election Law (AEL), Section 80, BP 881 was effectively rendered inoperative. This was seconded and confirmed by the Supreme Court in its decision in the landmark case of Penera v. COMELEC.

Section 15, of RA 8436 as amended by RA 9369 provided that "any person who files his certificate of candidacy shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall effect only upon that start of the aforesaid campaign period:”

 

Undoubtedly, with the aforementioned law, [no election offenses could be committed before the campaign period] to include premature election campaigning. Thus, the COMELEC is left helpless to fight said offense.

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