SC: Nothing wrong with early campaign of 2016 bets

MANILA, Philippines - There is nothing wrong with the early campaigning of candidates in next year’s elections, according to the Supreme Court.

SC spokesman Theodore Te yesterday said premature campaigning is no longer an election offense based on a 2009 ruling of the high court.

This means candidates who have started tapping television and print advertisements months ahead of the actual campaign period and who have gone around the country to campaign do not violate the automated election law.

Te said the SC ruling on the disqualification case of Sta. Monica, Surigao del Norte town Mayor Rosalinda Penera has changed the rule on premature campaign, which used to be an election offense under the manual election system.

“That (ruling) has been cited in other cases,” he explained to The STAR.

The ruling was promulgated on Nov. 25, 2009 when the high tribunal reversed its Sept. 11, 2009 decision that upheld the disqualification of Penera in the 2007 midterm elections.

It effectively removed the rule on premature campaigning and has allowed candidates to campaign ahead of the prescribed period under the Omnibus Election Code.

The case stemmed from the disqualification case against Penera filed by her rival, Edgar Andanar, who accused the proclaimed mayor of premature campaigning in violation of Section 80 of the Omnibus Election Code.

The SC initially favored Andanar and upheld the ruling of the Commission on Elections, but reversed itself two months later.

The high court ruled premature campaigning is no longer considered an offense under the Automated Election Law, Republic Act 8436 as amended by RA 9369.

Under the automated election law, candidates running for national elective posts can start their campaign in February next year and those for local elective posts in March.

The provision in the new election law had effectively repealed Section 80 of the Omnibus Election Code that prohibits candidates from campaigning ahead of the prescribed period, the SC stressed.

It explained the legislative intent of lawmakers in passing the poll automation law clearly repealed the provision of the Omnibus Election Code against premature campaigning.

The SC said the only purpose for the early filing of certificate of candidacy (COC) is to allow the Comelec ample time for the printing of official ballots.

Under the ruling, infomercials and other advertisements of politicians joining the 2016 elections are considered “exercise of freedom of expression” by candidates.