QUEZON City, Philippines (August 26) – The 2016 elections are near and many advertisements with political content can be seen on national television. The Commission on Elections says it’s not considered “premature campaigning” while politicians deny that television advertisements aired on different TV stations and provincial tours are not part of the early campaigns and they said that they are only doing their jobs.
COMELEC Chairman Andres Bautista lamented that since potential candidates have yet to file their certificates of candidacy, the COMELEC has no authority to penalize those who are releasing television information commercials. This is the reason why they are not doing anything about the paid advertisements being shown on the television.
It is stated Under Republic Act 9369 that “any person who files his certificate of candidacy (COC) 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 provision 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.
This may all change.
Just lately this year, the Senate Committee on Electoral Reforms began tackling a bill filed by Sen. Miriam Defensor-Santiago that would prohibit prospective candidates from premature campaigning or self-promotion one year before the start of the official campaign period. The bill provides that a person would be considered a candidate upon the filing of a certificate of candidacy, and not at the start of the campaign period as provided for in the poll automation law.
The Committee chair, Sen. Aquilino Pimentel III, said the pending bill would also require politicians to lay down their political plans early, way before the actual filing of certificates of candidacy.
This bill will remove the shield that many politicians use when airing not-so-subtle political ads which is paid for by public funds.
The bottom line is that, when you see an ad where a politician is featured prominently, take time to think and ask questions: Will I vote for this person who makes use of public funds for his own personal gain?
(written by Joana Joyce Tan Marcaida, edited by Jay Paul Carlos, additional research by Lovely Ann Cruz)