MANILA, Philippines — Some politicians are appealing to authorities to scrap the ban on “selfies” or photo opportunities with supporters during the campaign season, the Department of the Interior and Local Government (DILG) said yesterday.
DILG spokesman Jonathan Malaya said the ban will remain in place unless the Commission on Elections (Comelec) grants the petition of some political parties to junk it.
“To my knowledge, some political parties have filed petition with the Comelec. We’re just awaiting the decision,” he said in an interview mostly in Filipino on Unang Hirit.
Malaya noted that DILG personnel – including those from the Philippine National Police (PNP) – are just deputized enforcers of the Comelec.
He said local government units and election officers have the power to stop campaign activities that have no permit.
“We can see that there is law enforcement. Election officers may issue orders to stop any campaign activity that has no permit,” Malaya said.
The DILG has warned of stiff sanctions against politicians and their campaign organizers found violating campaign protocols as outlined in Comelec resolution 10732.
“Candidates would be held liable – including their supporters – if they would be found to have violated Comelec rules. Sanction would depend on the nature of violation because according to the Comelec, any violation of its resolution can be considered election offense,” Malaya said. Penalties include imprisonment and disqualification from holding public office.
In a television interview, Comelec spokesman James Jimenez said candidates have a lot of explaining to do for blatantly violating health protocols and the guidelines for in-person campaigning.
“I think all of them need some talking to,” Jimenez said when asked about his thoughts on a candidate who was seen making close contact with people during his campaign sorties.
Under Comelec guidelines for in-person campaigning, candidates are prohibited from making any physical contact such as handshaking, hugging and kissing. Taking selfies or posing with crowds is also not allowed.
Jimenez said that he would be reaching out to the candidates at the proper time.
“It’s very important to understand also, or to note also that some campaigns have been fairly compliant and some have been putting forward all their solutions like some have been asking their supporters to stay home and so, what it tells me, it’s not impossible to do,” he said.
“Ultimately the candidate has to make the decision. Do they like the crowd so much that they’re gonna put the people at risk? Or, do they like the crowd so much that they want them to stay safe? That’s the decision that they want to put on the shoulders of the candidates,” he added.
Asked if distribution of food is allowed, Jimenez said only if the food will not be consumed at the venues.
He emphasized that both candidates and their supporters should always wear their face masks.
“The more important aspect of this prohibition is that food must not be consumed at the rally because of course if you’re going to consume food at the rally, you are going to take off your masks,” he said.
He explained that the Comelec has mechanisms in place to make sure anyone found violating health protocols and Comelec guidelines is held accountable.
Jimenez also said he would be talking to presidential candidate Leody de Guzman to discuss the guidelines requiring candidates to secure permit from the Comelec Campaign Committee (CCC) for any campaign activity.
De Guzman was flagged by the Comelec for pushing through with his proclamation rally in Quezon City despite being denied permit after failing to meet the 72-hour deadline for filing of application. De Guzman’s action constitutes an election offense, according to the Comelec.
Jimenez reiterated that the guidelines were meant to protect the candidates and their supporters from getting infected with COVID-19 and prevent candidates’ disqualification in the May 9 elections.
He said the CCC has yet to come up with a decision on De Guzman’s case, and that he would like to reach out to the candidate and have “substantial discussion with him.”
‘Frivolous’
For election lawyer Romulo Macalintal, Comelec’s resolution on in-person campaigning looks “frivolous.”
In a statement, Macalintal said the Comelec can issue rules to implement election laws, but it cannot intervene in the legislative functions of other government agencies responsible for overseeing health protocols.
“Since when did the Commission on Elections become a pandemic czar that it could restrict the movement and activities of candidates, political parties, and even private persons exercising their freedom of choice and expression in holding political rallies or activities?” Macalintal said.
“Comelec may issue rules to implement election laws, but it cannot prescribe what the laws do not provide. The Comelec might find some gaps in the law, but it is not its function to supply the gaps since its function is not legislative,” he added. The Comelec’s CCC has representatives from the DILG, PNP, Armed Forces of the Philippines, and the Department of Health.
Macalintal said the Comelec’s resolution violates Section 87 of the Omnibus Election Code and Batas Pambansa 880, or the Public Assembly Act, which give sole authority to the mayors to issue permits.
“There is nothing in the above-cited laws that provides for Comelec’s intervention in granting such permit under any circumstances. For sure, this is not one of the powers of the Comelec defined under the Constitution which is limited to the enforcement of laws relative to the conduct of elections,” he said.
Macalintal said the Comelec may still review its resolution and give local chief executives the discretion to issue permits for in-person campaign activities. The campaign period for local positions will begin on March 25 until May 7.
“The Comelec could concentrate more on pressing election-related matters instead of intervening in the functions of other agencies of the government, which apparently are not within their functions and powers,” he said.
While the Comelec’s intention of ensuring the health and safety of candidates and the public is noble, Macalintal said there is already the Inter-Agency Task Force for the Management of Emerging Infectious Diseases that is taking the lead in COVID-19 response.
“It will serve our country best if Comelec remains true to its purpose, and not be distracted by matters that are already handled by other government agencies,” he added.
Poll equipment deployed
In a statement, the Comelec said it has started the deployment of various poll-related equipment including external batteries for vote-counting machines (VCMs) for the May 9 elections.
The Comelec also said ballot boxes stored in its warehouse in Sta. Rosa, Laguna are now being distributed to different election spots nationwide.
It targets to complete deployment of VCMs external batteries by March 31 and ballot boxes by April 10.
On Feb. 16, the poll body will begin distributing non-accountable forms and supplies stored at its warehouse in Quezon City to provincial and city treasurers in priority areas.
VCMs, consolidation and canvassing system machines and transmission equipment will be positioned from April 2 to 19 while official ballots and indelible ink will be deployed from April 20 to May 5.
In another development, the Comelec said that it has already verified around 393 YouTube channels of the official candidates.
Comelec spokesman Jimenez said that verification of candidates’ official YouTube accounts is a step toward ensuring the availability of trusted and credible sources of information for the public, in the face of massive disinformation.
Candidates have to register their official websites and other social media platforms as provided for under Comelec Resolution No. 10730, as amended by Resolution No. 10748.
Meanwhile, Environment Secretary Roy Cimatu has reminded candidates to follow environmental rules, particularly on the posting and disposal of campaign materials
“We call on all candidates to please be conscious of the environment when posting and disposing campaign-related materials during this period. Please refrain from posting these materials on trees,” Cimatu said.
He said there are laws prohibiting the posting of campaign materials on trees, citing Section 9 of Republic Act 9006 or the Fair Election Acts of 2001, which states that such materials “may only be allowed in common poster areas in public places such as plazas, markets, barangay centers, and the like.”
Section 21(B) of Comelec Resolution No. 10730 dated Nov.17, 2021 states that “in no instance shall an election officer designate as common poster areas any trees, plants, shrubs in any public grounds.”— Rhodina Villanueva