MANILA, Philippines — Over 700 candidates running in the barangay and Sangguniang Kabataan elections (BSKE) on Oct. 30 have been ordered to answer allegations of illegal campaigning.
The Commission on Elections has issued show cause orders to 716 BSKE candidates for violating campaign rules, according to Comelec Chairman George Garcia.
On Monday alone, Garcia said the Comelec issued 375 show cause orders for illegal campaigning.
He said the poll body has taken down illegally posted campaign materials as well as gender-insensitive jingles that are prohibited under Comelec guidelines.
“Violations of Comelec guidelines can be a criminal election offense and ground for disqualification,” Garcia said.
For premature campaigning, the Comelec has filed disqualification cases against 181 candidates, who were among the more than 7,000 bets who were given show cause orders.
Upon initial assessment, Garcia said 338 candidates may possibly be charged for premature campaigning. The Comelec dropped 868 complaints for lack of basis.
The Comelec has approved a resolution suspending the proclamation of winning candidates with pending disqualification cases.
In case the proclamation of a winning candidate for barangay chairman has been suspended, Garcia said the councilor with the most number of votes would temporarily assume the post.
Winners in the village and youth council elections will start their term on Dec. 11.
SC ruling on BSKE final
The Supreme Court (SC) has denied with finality the Office of the Solicitor General (OSG)’s plea to reconsider its June 27 decision declaring as unconstitutional Republic Act 11935, which postponed the BSKE originally scheduled in December 2022.
According to the SC Public Information Office, the high court denied the OSG’s motion for reconsideration as the arguments raised are only mere reiterations of those considered and passed upon in the June 27 ruling.
The SC said that while the power of Congress to legislate all matters of general concern or common interest is broad and plenary, “it is limited by the Constitution, either expressly or impliedly,” which includes the due process clause.
In reaction to the SC ruling, the Comelec said it is ready to conduct the elections and will abide by the high tribunal’s decision.
‘Oplan Baklas’
The SC has ruled that the Comelec could not remove or destroy privately-owned campaign materials that are displayed on private property.
In a full court decision, the SC declared unconstitutional the Comelec’s confiscation and destruction of campaign materials displayed on private property.
The high court granted the petition for certiorari, prohibition and mandamus filed by St. Anthony College of Roxas City Inc.
Citing Republic Act 9006 or the Fair Election Act, the SC said the law only permits Comelec to regulate election propaganda owned by candidates and political parties and it does not cover political speech of private persons on private property.
The ruling stemmed from the petition filed by St. Anthony College after the Comelec confiscated and destroyed their campaign materials during “Oplan Baklas” in the 2022 national elections.
The school and other private persons owned and co-owned tarpaulins, posters, murals and other materials displayed on their premises and expressed support and solicited votes for former vice president Leni Robredo, who ran for president in 2022.
VCMs to be replaced
A number of vote counting machines (VCMs) to be used in the automated BSKE need replacement, according to Garcia.
Garcia, however, assured the public that the Comelec has 1,000 available VCMs to replace those that will malfunction during the final testing and sealing or FTS.
During the FTS conducted by the Comelec in Dasmariñas City, Cavite, 12 VCMS were found to be needing replacement.
“A total of 104 VCMs were subjected to FTS, with 12 being contingency machines,” the Comelec said.
The commission said replacement machines were required in Paliparan III Elementary School (8), Paliparan National High School (3) and Dasmariñas Elementary School (1).
“The reason for VCM replacements were errors on paper jams and misread ballots,” the Comelec said.
After the final testing, the VCMs will be sealed by the Electoral Boards and will only be opened on Election Day.
The Comelec is pilot testing automated BSKE in Barangay Pasong Tamo, Quezon City today. — Daphne Galvez, Evelyn Macairan, Neil Jayson Servallos