Lawmaker seeks to revive ban on premature campaigning

MANILA, Philippines - As the election year draws near, a legislator has called on Congress for the immediate passage of a proposed measure seeking to ban premature campaigning and other election offenses prior to the start of the campaign period.

Laguna Rep. Joaquin Chipeco Jr. called on his colleagues in the House of Representatives to pass House Bill 4105, which prohibits  "electoral campaign or partisan political activities except during the campaign period and providing a penalty therefor."

"Under the present state of our laws, there is no longer any prohibition against premature campaigning," Chipeco said.

He said that premature campaigning has  been decriminalized in the 2009 Penera poll case.

Based on the Penera case, Chipeco noted that the rule now is that two facts must concur in order for a person or aspiring candidate to be liable to an election offense: first, he must have filed his certificate of candidacy; and second, the campaign period has commenced.

"This means that a candidate in our (automated) elections could campaign much earlier than the start of the campaign period and not incur any criminal liability for premature campaigning under our election laws," Chipeco said.

"Whether the majority of the Court realizes this grave implication from its ruling, it merely washes its hands by conveniently stating that the forum for examining the wisdom of the law, and enacting remedial measures, is not this Court but the Legislature," Chipeco added.

Section 1 of the bill states: "Prohibition against premature campaigning - It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period: Provided, that the person or aspiring candidate in whose favor the premature campaigning was done eventually files his/her certificate of candidacy; and provided further, that the prohibition against premature campaigning shall apply in all kinds of election, whether done manually, automated, or otherwise."

Section 1 adds: "Nothing in this Act shall prohibit parties or association of persons from holding conventions or meetings to nominate their official candidates within thirty days before the commencement of the campaign period and forty-five days for Presidential and Vice-Presidential election."

Section 2 of the bill states: "Any other act designed to promote the election or defeat of a particular candidate or candidates to a public office committed prior to the campaign period, including but not necessarily limited to vote-buying and vote-selling, is likewise declared an election offense."

The sanctions on the violators of the provisions of proposed bill range from a one year jail term to disqualification to hold public office and could no longer vote during elections.

Political parties found guilty of violating the proposed measure would be slapped with a P100,000 fine on top the criminal action against their respective officials.