Comelec junks complaints vs 14 BSKE bets in W. Visayas

ILOILO City – The Commission on Elections (Comelec) has dismissed the premature campaign complaints against 14 candidates in Western Visayas for the Oct. 30 Barangay and Sangguniang Kabataan Elections (BSKE).

The complaints had no factual basis, it said.

Among the respondents who were cleared were four candidates from Barangay Bo. Obrero, Lapuz district in this city:

* James Conlu – running for punong barangay

* Loreto Arenal – running for barangay kagawad

* Yanni Ysabel – running for SK (Sangguniang Kabataan) Chair

* Kevin Cristobal – running for SK kagawad

Meanwhile, respondents whose cases have yet to be decided by the poll body were:

* Ricardo Diño – incumbent punong barangay, running for barangay kagawad

* Rezalino Elesis – running for kagawad

* Darryl Depalubos – running for kagawad

* Edward John De Guzman – running for kagawad

The eight received show-cause orders on Sept. 21 for posting their group photo on social media.

Conlu, however, clarified the photos allegedly showing their campaign activities were taken before the certificate of candidacy (COC) filing period.

According to the poll body’s regulations, it is an election offense for a candidate to campaign from the start of the COC filing until Oct. 18.

The official campaign period commenced on Oct. 19 and will end on Oct. 28.

Pagkabalo naman natabu ini before kami naka-file. Siguro na-screenshot sang nagreklamo pero wala ya ma-monitor at that time of posting wala pa kami maka-file,” Conlu said in a DYRI RMN Iloilo interview on Saturday night, Oct. 21.

Whether their supporters posted the photos was not determined, but Conlu reminded everyone to follow campaign guidelines.

He also hoped the Comelec would soon decide on the remaining four candidates.

Nakita gid subong nga gin-dismiss sang Comelec, wala sang basehan ang complaint,” he added.

Meanwhile, premature campaign complaints against the following candidates were also dismissed by Comelec:

For Iloilo province

* Julyna Guillen Mateos of Barangay Barosbos, Carles

* Crystel Kaye Intila Molo of Barangay Barosbos, Carles

For Negros Occidental

* Rodelyn Pasamanero, Rhoan Alejandrino, Quencie Pedraita, Arryl Kate Hopelos, Godofredo Gelico III, and Aneska Bianca Young, all of Barangay Poblacion III, E.B. Magalona town

For Roxas City

* Annabelle Roxas of Barangay Milibili, Roxas City

For Aklan

* Jayson Absalon Lumanlan of Barangay Cabulihan, Malay

As of Oct. 20 data of Comelec Task Force Anti-Epal, here are the numbers on premature campaigning cases nationwide:

* petitions for disqualification filed – 165

* show-cause orders (SCO) issued – 7,103

* subpoena issued and served (for verified complaints) – 327

* answers to SCO received – 3,854

* possible number of disqualification cases upon initial assessment – 305

* no factual basis (dropped complaints) – 868

Before the start of the campaign period, Comelec-6 director Atty. Dennis Ausan reminded candidates and supporters of the rules and regulations on campaigning.

Sa aton tarpaulin which they can place in the common poster areas, we still abide with the guidelines of Fair Election Act which is RA (Republic Act) 9006 nga indi sia sobra sa kadakuon nga two feet by three feet,” he said.

Section 3 (Lawful Election Propaganda) of the RA 9006 states that election propaganda whether on television, cable television, radio, newspapers or any other medium is hereby allowed for all registered political parties, national, regional, sectoral parties or organizations participating under the party-list elections and for all bona fide candidates seeking national and local elective positions subject to the limitation on authorized expenses of candidates and political parties, observance of truth in advertising and to the supervision and regulation by the Comelec.

For the purpose of this act, lawful election propaganda shall include:

* pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one-half inches in width and fourteen inches in length;

* handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office;

* cloth, paper or cardboard posters whether framed, or posted, with an area not exceeding two feet by three feet, except that, at the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding three feet by eight feet in size, shall be allowed provided that said streamers may be displayed five days before the date of the meeting or rally and shall be removed within 24 hours after said meeting or rally;

* paid advertisements in print or broadcast media: provided, that the advertisements shall follow the requirements set forth in Section 4 of this Act; and

* all other forms of election propaganda not prohibited by the Omnibus Election Code or this Act.

Prohibited election propaganda in common poster areas are:

* billboards, posters, tarpaulins exceeding two feet by three feet;

* campaign materials that violate gender sensitivity, obscene, discriminatory, offensive, and those that violate the Magna Casta for Women;

* posters that do not bear the words “Political advertisements paid for/by __, or the words “Printed free of charge”;

* posters that are “not stand-alone,” having the maximum size or lesser of two feet by three feet, and put together, or side by side to form a collage-like poster exceeding two feet by three feet;

* single letters of names having the maximum size or lesser of two feet by three feet, and then putting them together to form a size exceeding two feet by three feet; and

* posters/tarpaulins bearing the photo/picture of the whole slate exceeding two feet by three feet.

The posting of campaign materials in public places outside of the designated control poster areas, on private property without the owner’s consent, or in violation of Section 242 of Resolution No. 10924 and similar locations listed in Section 240 (f) thereof is prohibited. 

The election officer of the city or municipality where the illegal campaign materials are posted or displayed shall notify the affected candidates about the fact of such posting.

Otherwise, if no action is taken within three days from the issuance of the notice, there arises a presumption that the said candidates caused the posting of such campaign materials.

Other prohibited election or campaign materials are:

* murals in public places which contain the name, image, logo, emblem, insignia, color, initials, and other symbolic or graphic representation that is capable of being associated with a candidate or party and is exclusively intended to draw the attention of the public or stimulate the support thereof to promote or oppose, directly or indirectly, the election of a candidate for a public office; and

* distribution of campaign materials that contain the name, image, logo, brand, insignia, color motif, initials, and other symbolic or graphic representation capable of being associated with a candidate or party, and is exclusively intended to draw the attention of the public or stimulate their support thereof to promote or oppose, directly or indirectly, the election of a candidate for a public office is prohibited./PN

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