11/23/2009 | 10:10 PM
A word of warning for 2010 candidates who will star in movies to be featured in next month’s Metro Manila Film Festival (MMFF): You can be disqualified.The warning came from Commission on Elections (Comelec) commissioner Ferdinand Rafanan, who said the films may constitute propaganda, which is prohibited under existing election laws.
“After filing, wala na yun. Bawal talaga yun. Baka ma-disqualify sila," said Rafanan, head of the poll body’s law department, on Monday.
(After the filing of certificates of candidacy, they are prohibited to do that. They might be disqualified.)
Among the participants in the 2010 elections to whom this warning may be of use are re-electionist Senator Ramon “Bong" Revilla Jr. and boxing icon Manny Pacquiao, who is reportedly eyeing a congressional seat in Sarangani province.
Revilla will star in “Panday," a co-production of Imus Productions and GMA Films, while Pacquiao will be in “Wapakman," a production of Solar Entertainment.
A violation
Rafanan cited Section 80 of the Omnibus Election Code which 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 will run from Feb. 9 to May 8 for candidates running for national positions, and March 26 to May 8 for those running for local positions.
Section 85, on the other hand, prohibits the showing of “any advertisement or propaganda for or against any candidate by means of cinematography, audio-visual units or other screen projections."
Earlier, Commissioner Gregorio Larrazabal also commented that Revilla’s movie might fall under the ambit of premature campaigning.
But he was quick to clarify that there are still many questions on what would constitute premature campaigning, and that they are still finalizing the guidelines for it.
He said most rules would probably still be based on the final take of the Supreme Court on the case of Rosalinda Penera.
Penera was disqualified from holding office as mayor of Santa Monica, Surigao del Norte when she held a motorcade after filing her candidacy on Nov. 30, 2006 for the May 2007 elections. Under the Omnibus Election Code, a motorcade is considered a partisan political activity.
“I believe that once the SC releases the decision, we will be properly guided as to what constitutes premature campaigning, if ever," said Larrazabal.
At their own risk
Elections expert Ramon Casiple, for his part, said celebrities planning to run elective posts in next year could still choose to show their movies during the MMFF, but at their own risk.
“Kung malakas loob nila, ipalabas nila. Pero malinaw ang batas na kapag ikaw ay nag-file na ng COC, hindi ka na puwedeng mangampanya hanggang Pebrero," he said.
(If they have the guts, they can show their movies. But the law is clear that once you file your COC, you cannot campaign until February, the start of the campaign period.)
“Baka maging test case pa sila ng disqualification kung nagkataon (They might even become a test case for disqualification)," he added.
Casiple said that the SCt decision on the Penera case is quite “comprehensive" and does not specify any exception to the rule on premature campaigning for showbiz personalities.
“Wala namang nakalagay sa batas na exception ang mga artista sa pagbabawal na mangampanya (The law does not say that celebrities are exempted from the rule on premature campaigning)," he said.
The political analyst also said that both celebrities and their fans should understand that there are election laws to be strictly followed.
“Siyempre magagalit ang mga fans nila. Pero dapat nilang maintindihan na dahil pumasok sa eleksyon ang mga idolo nila, maga-apply sa kanila ang mga batas ng eleksyon," he said.
(Of course these fans will not like it, but they should understand that since their idols chose to join the elections, election laws will apply to these celebrities.)
Catching violators
Rafanan said the Comelec would, on its own, take action against those who might commit premature campaigning. He, however, said that they would appreciate it if concerned citizens would also help them spot violators.
“Baka may makita ang iba, mas maganda pa rin ang may complaint para di sabihin na may pinapaboran kami (Others might spot other violators, so it’s better for them to file their complaint so that we won’t be accused of favoring anybody)," he said.
But Rafanan did not comment on films starring celebrities who are known endorsers of candidates in the 2010 elections.
Other MMFF entries include “Juan" starring Dolphy and Willie Revillame; “Mano Po 6: My Mother" starring Sharon Cuneta; “Ang Darling Kong Aswang" starring Vic Sotto; “Shake, Rattle & Roll 11″ starring Ruffa Gutierrez; “Ikaw na Nga" starring Kris Aquino; and “Nieves" starring Marian Rivera.
Revillame is identified with Nacionalista Party presidential bet Sen. Manuel Villar Jr., while Aquino is identified with Liberal Party bet Sen. Benigno Simeon Aquino III, her brother. - KK, GMANews.TV
Source: http://www.gmanews.tv/story/177662/comelec-2010-bets-in-mmff-could-be-disqualified
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