Comelec dismayed by SC ruling on premature campaigning

By Kristine L. Alave
Philippine Daily Inquirer
First Posted 05:45:00 11/27/2009

Filed Under: Inquirer Politics, Eleksyon 2010, Elections, Advertising, Laws


MANILA, Philippines — The Commission on Elections Thursday expressed dismay at the Supreme Court ruling that effectively decriminalizes premature campaigning, saying it would make electoral contests lopsided in favor of rich candidates.

Commissioner Rene Sarmiento said he was “disappointed” that the Court reversed its September 2009 decision removing a Surigao del Norte mayor after she was found guilty of premature campaigning.

“In this ruling, we have no more premature campaigning. It defangs and decriminalizes premature campaigning. Technically, there is no more premature campaigning,” Sarmiento said in an interview.

“It’s fiesta time, it’s open season,” he said.

However, “the decision of the Supreme Court is law and we have to follow the law,” Sarmiento said.

The high court scrapped the ban on premature campaigning when it ruled that Sta. Monica, Surigao del Norte Mayor Rosalinda Peñera was not guilty of premature campaigning when she held a motorcade after she filed her certificate of candidacy and before the official campaign period.

The court said there is no law banning politicians from airing infomercials and putting up campaign billboards and posters even after they have filed their certificates of candidacy and before the start of the official campaign period.

Sarmiento said he the ruling would favor the moneyed candidates.

“If you are less known and less moneyed you will be at a disadvantage because of this decision,” he said.

With the decision, the provision in the Omnibus Election Code fixing a campaign period of 90 days for national candidates and 45 days for local candidates have been rendered “moot and academic,” he said.

The law also paves the way for the airing of the candidates’ advertisements, shows and movies before the start of the campaign period. However, candidates cannot directly ask people to vote for them until the official campaign period starts.

The campaign period for politicians seeking national positions starts 90 days before the May 10 elections, or on Feb. 9, 2010. For local contests, the period starts on March 26, or 45 days before the polls.

Although the ruling has allowed more leeway for the airing of advertisements, it does not mean that the Comelec is powerless against the abuse of election laws, said Sarmiento.

“It does not totally remove the limitations,” he said.

He said the Comelec commissioners would be holding discussions on how the contest could be balanced between the “the moneyed and the less moneyed, and the known and the less known” candidates.


Source: http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20091127-238666/Comelec-dismayed-by-SC-ruling-on-premature-campaigning