Manila Bulletin

Political caravans, rallies are legal — Comelec

By LESLIE ANN G. AQUINO

The caravans and rallies being held in support of political aspirants are legal, an official of the Commission on Elections (Comelec) said.

“Unfortunately, premature campaigning is no longer a punishable offense so all of these activities, the caravans, all the rallies that are being held left and right, all of these are actually legal,” Comelec spokesperson James Jimenez said in an interview Monday, Oct. 25.

“We understand that it is premature campaigning but there’s nothing we can really do about it because the law itself doesn’t penalize this kind of behavior,” added Jimenez.

“Republic Act 9369 says that candidates are only considered official candidates when the campaign period starts which means that every law, every regulation that applies to candidates will find application only at the start of the campaign period and this is such a massive change and has created a loophole that allows premature campaigning to happen,” he said.

Earlier, the poll official urged those who filed their Certificates of Candidacy (COCs) for the May 2022 polls not to engage in early campaigning.

Jimenez, however, admitted that filers can start campaigning since there is no more legal prohibition against premature campaigning.

The Poll Automation Law states that “any person who files his certificate of candidacy shall only be considered as a candidate at the start of the campaign period” and that “unlawful acts applicable to a candidate shall be in effect only upon that start of the campaign period.”

This was affirmed by the 2009 Supreme Court case of Penera vs. Comelec, which paved the way for the removal of premature campaigning as an election offense.

The Comelec has set the campaign period for the May 2022 polls from Feb. 8 to May 7, 2022.

Meanwhile, the poll body is not in favor of a bill seeking to ban substitution of an aspirant, who withdraws his certificate of candidacy (COC).

Jimenez said they see substitution as a necessary remedy under the law.

“We see substitution as a necessary remedy under the law. What would perhaps be a better idea is if Congress were to introduce some controls, some sort of regulation because right now the law is pretty wide open, it simply says that you can substitute if you withdraw and you belong to a political party,” he said.

“Perhaps additional restrictions could be put in place again short of actually removing that right because that right is we believe is essential to the elections,” added Jimenez.

The poll official, also said that aspirants are allowed to switch parties.

“Right now, people can actually switch political parties in order to make substitution happen. That weakness of the political party system is in fact a loophole,” Jimenez said.

He added that a person, who is running independent, can actually join a political party and then substitute for someone before the end of the substitution period.

Jimenez said there is also no deadline for switching parties.

“In fact you could switch parties after Nov. 15. What Nov. 15 is a deadline for is the filing of substitution so if you’re going to switch parties in order to substitute for another candidate, then yes you’re practical deadline is Nov. 15. You have to switch by then in order to be eligible to substitute,” he said.

Vote buying an election offense

Jimenez also said he disagrees with the advice of Vice President Leni Robredo for voters to accept the money but vote according to their conscience.

“I disagree with the notion of taking the money and voting according to your conscience,” Jimenez said on Twitter.

He added:”Di dapat ginagawa, at di dapat sina-suggest yan sa mga botante (It shouldn’t be done, and shouldn’t be suggested to our voters).”

Comelec Commissioner Rowena Guanzon earlier warned those who will try to buy votes via the electronic payment system in the May 2022 polls can be traced.

“This is a warning to politicians, know that you’re going to be found out,” she said.

Vote-buying is defined as any person, who gives, offers, or promises money or anything of value, directly or indirectly, in order to induce anyone or the public in general to vote for or against any candidate.

It is considered an election offense, which carries the penalty of one to six years imprisonment, removal of right to vote, and disqualification to hold public office.

Robredo clarified on Wednesday, Oct. 27, that she is not condoning the act of vote-buying, but is merely stating the realities on the ground.

“Aware tayo sa nasa batas. Hindi tayo masaya na hindi ito nae-enforce pero dapat bukas ‘yung mata natin sa realities on the ground (We are aware of the law. We are not happy that this is not being enforced but our eyes should be open to the realities on the ground),” she said.

“Hindi natin kino-condone iyong vote-buying. In fact, isa tayo sa matagal nang nakikipaglaban sa vote-buying. Pero hinihingi natin sa ating mga awtoridad ang enforcement nito maging maayos (We are not condoning vote-buying. In fact, we are one of those who have been fighting against vote-buying. But we’re asking from the authorities to enforce this effectively),” Robredo added.

“Wag sanang isipin ng nakatatanggap na mayroon siyang obligasyon na iboto kung sino ang namigay (The recipients shouldn’t think that they have an obligation to vote the one who gave the money),” the presidential aspirant said.

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2021-10-28T07:00:00.0000000Z

2021-10-28T07:00:00.0000000Z

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