10/19/2009 | 04:36 PM
Senator Ramon “Bong" Revilla Jr.'s remake of the popular action movie "Ang Panday," which is slated for showing in a film festival in December, may constitute premature campaigning and affect his candidacy in next year's polls, a Commission on Elections official said Monday.Comelec Commissioner Gregorio Larrazabal issued the statement after Revilla, who has expressed his intention to seek a second term in 2010, wrote a letter to the poll body asking Comelec chairman Jose Melo about the implication of his film's inclusion in the Metro Manila Film Festival in December.
"I am under the understanding that the inclusion of his film might constitute premature campaigning in light of the case pending before the Supreme Court," Larrazabal said.
He was referring to the high court's decision last month upholding the Comelec's ruling on Jan. 30, 2008 disqualifying Rosalinda Penera from holding office as mayor of Santa Monica, Surigao del Norte for violation of the Batas Pambansa 881 or the Omnibus Election Code.
Penera held a motorcade after filing her candidacy on Nov. 30, 2006 for the May 2007 elections. The case is pending before the high court after a motion for reconsideration was filed. [See: SC ruling may lead to more disqualification cases - poll lawyer]
"I believe that once the SC releases the decision, we will be properly guided as to what constitutes premature campaigning, if ever," said Larrazabal.
According to Amy Manzo, Revilla's media officer, the senator had consulted Melo about the festival showing before starting the shooting of the film last June. "Ang sabi OK naman daw 'yun, kaya ngayon namumrublema si Senator Bong," (Senator Bong was told it's ok so now he's having problems) she said.
"Baka before or after election na lang maipalabas yung pelikula. Hindi pwedeng hindi maipalabas, mahal ang pagkakagawa nun e, pang-film festival talaga," she added.
Revilla finished shooting the film two weeks ago and it is currently in the post-production stage, Manzo said. The late action star and 2004 presidential candidate Fernando Poe Jr. popularized the title character of the film, which is a joint production of GMA films and Imus productions.
Premature campaigning
Section 80 of the Omnibus Election Code prohibits "any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period."
For the 2010 elections, the official campaign period runs from Feb. 9 to May 8 for candidates running for national positions, and March 26 to May 8 for those running for local positions.
“The election period has not yet started so everyone’s a regular Joe or Jane, no one’s a candidate yet," Larrazabal said.
The filing period for certificates of candidacy runs from November 20 to 30, 2009. Thus, Revilla would have officially filed his candidacy by the time the film festival is scheduled to show his film in December.
Larrazabal said there are still many questions on what would constitute premature campaigning, taking into consideration the proliferation of banners and tarpaulins of politicians in the streets.
The poll commissioner said guesting in television shows might also be seen as premature campaigning but boxing matches, in the case of Manny Pacquiao who has an upcoming fight on Nov. 14 and will reportedly seek a congressional seat in 2010, would not.
“Getting into a boxing fight I think is not promoting one’s candidacy. That might be considered as a news event," he said.
Powerless?
Earlier, Melo had said the Comelec is powerless in going after politicians engaged in premature campaigning until they have filed their certificates of candidacy. [See: Premature poll campaign law can't stop infomercials]
"I really want election laws amended since there are many endorsements appearing today," he said, referring to infomercials and other "advocacy" advertisements of several public officials rumored to be seeking national posts in 2010.
Larrazabal said the Comelec will be releasing the general instructions for the 2010 polls by November. - with a report from Amita O. Legaspi, GMANews.TV
Source: http://www.gmanews.tv/story/175030/revillas-ang-panday-may-constitute-premature-campaigning-comelec-official
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