BY GEROME DALIPE IV
ILOILO City – More than 18,000 positions will be contested in the 2025 midterm elections.
Candidates vying for national and local positions started submitting their certificates of candidacy (COC) on Oct. 1 before the Commission on Elections (COMELEC), marking the formal start of the election period.
The positions that are up for elections include the 12 Senate seats, or half of the Senate, all 316 seats in the House of Representatives, including 253 district representatives and 63 party-list representatives.
Likewise, thousands of local government positions of governors, vice governors, mayors, vice mayors, and councilors across provinces, cities, and municipalities are also at stake.
But months before the official filing of the COCs from October 1 to 8, posters and tarpaulins bearing political faces and slogans have flooded social media and almost everywhere.
But will aspirants be prohibited from engaging in early campaigning after COC filing?
Candidates are technically prohibited from engaging in premature campaigning after the COC filing under the Omnibus Election Code.
Section 80 of the Omnibus Election Code considers all campaigns or partisan political activities outside the campaign period “unlawful.”
The code defines a “candidate” as “any person aspiring for or seeking an elective public office, who has filed a COC.”
But Section 15 of the Republic Act (RA) 8436, as amended by Section 13 of RA 9369, states that “any person who files his COC shall only be considered as a candidate at the start of the campaign period…”
The campaign period only starts 90 days before the scheduled elections. The RA 9369 also states that “unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period.” Hence, the provisions in the same code create a legal loophole.
Due to a legal loophole established by the Supreme Court in the case of Peñera vs Comelec decided in 2009, the prohibition on premature campaigning only applies during the official campaign period set by the poll body.
In 2007, the Comelec disqualified Rosalinda Peñera, who won as Mayor of Santa Monica in Surigao del Norte, for violation of the election code when she participated in a motorcade before the campaign period.
The Comelec noted in its decision that any candidate who has filed a COC may be liable for the charge of premature campaigning before the campaign period and could be disqualified.
Peñera appealed to the SC, arguing that by law, she was not considered a candidate at the time of the motorcade.
The SC ultimately granted Peñera’s petition in 2009, reversed the previous decision, and reinstated her as mayor.
Under the law, once aspirants file their COCs, they are considered “official candidates.” However, they are not legally considered candidates until the official campaign period starts.
The tribunal ruled in the Peñera case that a person is only considered an official candidate during the official campaign period, not at the time of COC filing. That means that any activity before the official campaign period is not considered premature campaigning, even if it involves electioneering or promoting oneself.
The official campaign period for national candidates such as the senators and party-list groups begins 90 days before election day.
For local candidates including governors, mayors, and councilors, among others, the campaign period starts 45 days before election day.
Hence, only during this designated period are candidates formally restricted from excessive campaign spending and subject to strict regulations.
Due to the Penera ruling, individuals who have filed their COCs can engage in activities that resemble campaigning, such as attending public events, posting on social media, distributing promotional materials, or making public appearances, without being penalized for premature campaigning.
While the law technically prohibits premature campaigning, the Penera Doctrine allows candidates to freely promote themselves before the official campaign period without facing penalties.
This means aspirants can engage in activities that resemble campaigning right after filing their COCs, but they will only be considered official candidates once the campaign period officially begins.
In 2012, the late Senator Miriam Defensor Santiago filed Senate Bill 3305, which requires all political aspirants to file a Certificate of Intention to Run for Public Office (CIRPO) 180 days preceding the deadline for the filing of the COC.
The bill prohibits any person who has filed a CIRPO from endorsing a product, appearing on an infomercial, accepting employment in any media outfit, and buying ad space before the campaign period. Unfortunately, the law was still pending at the committee level./PN
