ILOILO City – Under Section 3 of Presidential Decree 953, damaging or injuring naturally grown or planted trees of any kind is punishable with “imprisonment for not less than six months and not more than two years.” The Department of Environment and Natural Resources (DENR) in Western Visayas urged candidates in the May 2019 midterm elections to follow the law or be held legally liable.
“They should not hurt our trees with their campaign materials,” said DENR director Jim Sampulna.
Some of those who have filed their certificates of candidacy have started displaying their posters. But the Commission on Elections (Comelec) said it cannot stop those running in the midterm elections from campaigning this early.
“We are not yet in the campaign period. Comelec cannot impose elections rules and regulations at this stage,” said city election officer Atty. Rainer Layson.
Sampulna ordered DENR field offices across the region to monitor their areas for campaign materials nailed on trees and remove those that violate the law.
The field offices should also call the attention of the concerned candidates.
“We have to emphasize that it is really bawal to nail political paraphernalia on trees,” said Sampulna.
Section 3 of Republic Act No. 3571 also prohibits the cutting, destroying, or injuring of trees along public roads, in parks, schools, and other public areas.
When posters or campaign materials are nailed to trees, there is the danger of damaging tissues responsible for moving water and nutrients throughout the tree’s system.
Especially vulnerable to such damage are young trees and those that have signs of existing decay or pest problems.
Sampulna said election candidates must be model in environmental protection.
“Ang city Comelec wala mahimo,” Layson said. We can only enforce the Fair Elections Act during the election period, said Comelec’s Layson.
The campaign period for candidates for senator and party-list groups is from Feb. 12, 2019 to May 11, 2019, with campaigning prohibited March 28, 2019 (Holy Thursday) and March 29, 2019 (Good Friday).
Meanwhile, the campaign period for candidates for members of the House of Representatives and elective provincial, city and municipal officials will run from March 30, 2019 to May 11, 2019.
Under Republic Act No. 9369 (Poll Automation Law), “any person who files his certificate of candidacy within (the period for filing) shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy.”
It also states that “unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period.”
So what can be done to arrest the proliferation of election campaign materials at this time?
Layson said the Comelec may ask the city government to strictly enforce its anti-littering ordinance.
“Amo lang na ang makita naton nga paagi nga malimpyo naton ang syudad sang Iloilo sang mga unsightly nga mga political advertisements or political campaign materials at this time,” he said.
In November 2009 the Supreme Court (SC), voting 9-5, voided Section 80 of the Omnibus Election Code on premature campaigning. /PN
The best way to spare the trees and other structure from Political posters and or any advertising sign is to regulate them by requiring standard maximum size..and must be removable and can be only posted on the ground or lawns or private properties with permission from property owners and be removed within 48 hours after election.