Revisiting the Fair Elections Act of 2001
It seems that the 2010 elections, perhaps one of the more crucial ones to happen in the Philippines in the first decade of the millennium, seems to be void of any attempt by the Commission on Elections to level the playing field for all candidates.
The fact that it has virtually allowed political campaigning outside of the official campaign period has limited the choices of the electorate to the candidates who can wage a costly media campaigns as well as outdoor advertising (streamers, posters, etcetera).
In fact, it was only at the start of the filing of certificates of candidacy last year in November that the Comelec through Commissioner Rene Sarmiento that the poll body actually called for candidates to stop airing their political propaganda.
Stop early campaigning, Comelec tells bets
MANILA – The Commission on Elections (Comelec) on Tuesday warned politicians to stop airing “infomercials” and installing posters and tarpaulins, or else they face a case of early campaigning.
The warning came as November 20, the first day of filing of certificates of candidacy (COCs), nears.
Comelec Commissioner Rene Sarmiento said that a person is officially a candidate from the moment he or she files his COC, and therefore, his or her “campaign materials” should be withdrawn.
These politicians have 3 days to put down their campaign materials, the Comelec said.
Those who violate this Comelec rule could face early campaigning raps, based on the Supreme Court decision on the case of Mayor Rosalinda Peñera of Sta. Monica, Surigao del Norte for premature campaigning in the May 2007 polls.
SOURCE: ABS-CBN NEWS DOT COM
Early campaigning by candidates vying for various positions in the 2010 elections actually started airing TV ads or TV infomercials as early as 2008 — the most notable being Manny Villar, Mar Roxas, Jejomar Binay, and for a time, Vice President Noli de Castro.
If ever Sarmiento’s call for a stop for political campaigning outside of the official campaign period looked like someone shouting rape long after the rape was done, it could probably be traced to Comelec Chairman Jose Melo saying that the poll body was helpless in stopping early campaigning in May 2009 — about a full year before the May 2010 elections.
Melo: Comelec can’t act on ‘early campaigns’
By Anna Valmero
INQUIRER.net
First Posted 07:08:00 05/20/2009
MANILA, Philippines—Commission on Elections Chairman Jose Melo admitted on Tuesday that the poll body cannot act on premature or early campaigning of several aspiring presidential and local candidates for the 2010 elections.
“I’ve said time and again mahirap (this is a difficult issue). It is up to the people to judge these early campaigning styles [of aspiring candidates]. You know if it is an honest-to-goodness endorsement or a political campaign. In 2010, the public will decide,” said Melo.
On Tuesday, the party-list group Social Justice Society and Abakada Guro filed a petition asking the poll body to stop early campaign advertisements on media endorsing Senators Manuel Villar and Manuel “Mar” Roxas II, as well as Makati Mayor Jejomar Binay.
In the petition, Samson Alcantara, president of SJS and Abakada Guro, said the three personalities “have been regularly appearing in TV and radio espousing supposed causes such as Villar’s OFW, Roxas’ Padyak Anak and Binay’s Ganito Kami sa Makati ads.”
Alcantara cited Article XI of the Constitution and Republic Act 6713 that prohibits public officials from doing acts contrary to law and public interest.
“It is difficult to control that; they can find ways to go over the law,” said Melo on the slew of political figures appearing on bulletin boards and on TV.
According to Section 80 of the Omnibus Election Code and Section 4 of Comelec Resolution 7767, which define early or premature campaigning, “It is unlawful for any person or for any political party or association of persons to engage in an election campaign or partisan political activity outside the campaign periods.”
Premature campaigning is an offense that can disqualify a candidate to run for the post he aspires, according to election laws, because it can promote unequal playing field for candidates.
In a separate interview, Comelec spokesperson James Jimenez said the candidates for 2010 will only be known by November 30, the deadline of filing of certificates of candidacy.
Jimenez noted that a provision on Republic Act 9369, or the poll automation law, stated that persons running for the 2010 elections “will only be recognized as candidates at the start of campaign period and not after filing their CoCs on November.”
The advertisements appearing on several media are not considered political advertisements by legal fiction—first, they have not filed their CoCs, and there is no schedule of campaign yet, said Jimenez.
The campaign period starts 90 days before the elections for national positions and 45 days for local positions, excluding the day before and on the day of the polls, according to election laws.
“You have to understand that the resources of Comelec are limited and we aim to focus on more important things than focus on this issue that comes later,” added Melo.
These raised fairly good points for the Comelec, for how could you penalize Manny Villar or Mar Roxas for waging a political campaign outside of the campaign period when they in fact had not yet registered as a candidate in any election?
Contrary to the often quoted assertion of Noynoy Aquino that no new laws need be filed, I think a law on political campaigns should be filed that would specifically state that:
1. Political personalities and government officials are not allowed to appear in any advertisement or public announcement. By “not allowed to appear”, this should refer to any part of their body, any emblem or logo or art associated with their personality, etcetera.
2. Political announcements or advocacy should promote only ideas, acts, or assertions.
3. Political personalities and government officials will be allowed to show their faces on advertisements only if they will state in writing that they will not run for any office in the coming elections.
Comelec Chairman Melo basically put it in the hands of the electorate to decide if the people who advertised outside of the campaign period ought to be penalized or rewarded for their behavior.
I think, for sure, that the candidates who advertised early will be rewarded for their behavior.
At this point, it seems that the Fair Elections Act is moot.
