ILOILO City – Although the official election period has yet to start, tarpaulins and banners featuring incumbent politicians and aspirants for the 2025 elections are already visible across public spaces, particularly along main roads.
The Commission on Elections (Comelec) Region 6 director, Atty. Dennis Ausan, clarified that Comelec currently has limited authority to regulate these displays as they cannot be considered premature campaigning.
Ausan explained that these individuals are not legally regarded as candidates until the official campaign period begins.
For senatorial and party-list candidates, the campaign period runs from February 11 to May 10, 2025, while for local positions and congressional district representatives, it starts from March 28 to May 10, 2025.
“The law explicitly states that even if a Certificate of Candidacy (COC) has been filed, a person is only recognized as a candidate from the onset of the campaign period,” Ausan said.
He emphasized that this interpretation aligns with the Supreme Court’s ruling in the Penera vs Comelec case, which states that an individual becomes a candidate only when the campaign period starts.
“Anything displayed now is not technically campaign material,” Ausan clarified. “According to the Supreme Court, Comelec has no basis to regulate these materials as the individuals are not yet legally candidates. Campaigning is defined as any action promoting one’s candidacy or undermining another’s, and this only applies once the campaign period begins.”
Despite Comelec’s lack of authority over early tarpaulins, Ausan acknowledged the widespread presence of these materials, in varying sizes and showcasing names and images of national and local figures, in public places.
“We are aware of the increasing number of tarpaulins on display, but we are unable to take action unless the law is amended to empower Comelec to enforce Section 80 of the Omnibus Election Code on premature campaigning, which remains in place but is superseded by RA 9369,” Ausan added.
Ausan advised politicians to prepare for strict enforcement once the campaign period begins. The guidelines, which classify violations as election offenses, include compliance with standard sizes for campaign materials and restrictions on posting in unauthorized locations, such as on trees, electric posts, and wires.
“Right now, these displays are tolerated, but candidates should be cautious,” Ausan quipped.
Before the campaign period, the Office of the Election Officers (OEOs) will release a list of common poster areas, designating where candidates and parties can legally post their materials./PN
