COMELEC HELPLESS : Poll body can’t stop pre-election campaigning

ILOILO City – Some of those who have filed their certificates of candidacy last week have started flooding the city with their posters. But the Commission on Elections (Comelec) said it cannot stop those running in the May 13, 2019 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.

In Comelec Resolution 10429 for the 2019 midterm elections, the poll body set the election period from Jan. 13, 2019 to June 12, 2019.

“Ang city Comelec wala mahimo,” Layson said. We can only enforce the Fair Elections Act during the election period, said 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.

Campaigning is prohibited from May 12-13, 2019, which is also the period for the liquor ban.

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.

Regarding the political campaigning on social media, Layson said the Comelec is studying the dynamics of this platform before coming out with rules and regulations on this.

In November 2009 the Supreme Court (SC), voting 9-5, voided Section 80 of the Omnibus Election Code on premature campaigning. /PN