"Premature campaigning" only applies after COC filing—Comelec

CEBU, Philippines — The regional director of the Commission on Elections (COMELEC)-7 has clarified that "premature campaigning" can only be applied after an aspirant has filed an official Certificate of Candidacy (COC).

This was stressed by Comelec-7 Regional Director Francisco Pobe when asked if the proclamation rally of mayoralty aspirant Yogi Felimon Ruiz in Compania Maritima last Saturday can already be considered as premature campaigning. 

"Murag kuan pa man to niya…murag pulong-pulong, how can we consider it as an election offense when the election period has not yet sit in?" he said.

Pobe further explained that premature campaigning has already been decriminalized or regulated by the COMELEC based on the existing Supreme Court decision of Rosalinda A. Penera vs. COMELEC.

"With this decision emphatically provides that the person vying for elective position after filing the COC can only be considered as bonafide or certified candidates only in the start of the campaign period," he said.

He added that from October 1 to 8, which is the duration of the filing of COC, until before the start of the campaign period on March 28, 2024 for the local officials, those who filed can only be considered as aspirants but not candidates.

This means that not until a certain aspirant files a COC, any gathering that may serve for their electoral chances, will not be a violation to the election code.

Ruiz and his slate will only be filing their COCs today.

Pobe clarified that their crackdown for premature campaigning will begin once the filing of COCs will be over and once the election period starts.

On the other hand, he reminded officials to wait for the campaign period to hold out a "fair and square" political and election battle.

"Maghuwat nalang unta ta sa schedule. For the meantime the Comelec has encouraged the people that we should watch over these kinds of personality who will run for public office," he said.

The Comelec then reminded on the schedule of activities for the 2025 mid-term national and local elections.

Under Resolution No. 10999, the Comelec en banc set the election period from Jan. 12 to June 11, 2025. The 90-day campaign period for the national candidates, specifically for senator and party-lists, will start from Feb. 11 until May 10 of 2025.

Local aspirants will have 45 days to campaign from March 28 to May 10.

Election Day will be on May 12, 2025, while the voting period for Filipinos overseas is set from April 13 to May 12. Local absentee voting will be from April 28 to 30.