"In the liberal interpretation of the law, yes (their ads are covered by electioneering)," Akbayan Rep. Risa Hontiveros told Congress reporters in a briefing, as she proposed an amendment to the Fair Elections Act to minimize political ads.
The opposition lawmaker criticized the proliferation of "premature print and TV campaign ads" of politicians like that of Pangilinan and Recto, among others. She called for a stop to these "unfair, abusive and unethical advertisements."
The advertisements of both senators show them with their families — Pangilinan in a commercial ad with his popular wife Sharon Cuneta, and a Christmas greeting from the Rectos.
"These are clear cases of electioneering. If politicians truly wanted the public to have a Merry Christmas, they should have worked harder to give our people better lives," Hontiveros stressed.
She pointed out that if these aspirants wanted voters to register, "then their parties should have instituted voters’ education programs to deepen the awareness of our people on the importance of exercising their right to vote."
The militant legislator branded the advertisements as "shallow ads" that are only "designed to give rich politicians undue advantage and visibility" compared to the poorer contenders, who can hardly afford such expensive advertisements.
One amendment she wanted to introduce to the Fair Elections Act is the imposition of what she termed as "retroactive penalty to premature political ads." Even if these officials have not filed their candidacies yet, Hontiveros said they can still be "penalized" under the law.
The filing of the certificates of candidacy for the May elections starts on Jan. 15 and ends on Feb. 12 for senatorial bets and on March 29 for local candidates.
"The penalty could be implemented the moment an incumbent politician or a new candidate files his or her certificate of candidacy. There’s a range of penalties that could be imposed, from prohibition to campaign for a certain period to imprisonment," Hontiveros said.
She also disagreed with the position taken by Comelec Chairman Benjamin Abalos that they do not have any jurisdiction over violators of political ads, simply because these government officials have not filed their certificates of candidacies yet.
Hontiveros also said the political parties where these aspirants belong should also "exercise discipline" among their ranks. "In the absence of legislation, political parties could implement policies to penalize members that violate electoral laws and principles on fair elections."