As the filing of the certificate of candidacy nears, it looks like we will really have no other candidates for the presidency than Roxas, Poe and Binay. Lacson and Duterte appeared to be aiming for the position also. But Lacson just announced that he is backing out. Duterte on the other hand, had earlier declared that he is definitely out of the race but has flipped-flopped several times and up to now appears to be still “soul searching.” If this is just part of his tactic to arouse people’s interest, such indecisiveness however does not help at all in his quest for the position. It is a weak trait presaging a kind of unproductive and inefficacious presidency we will have if he gets elected.
To be sure there are so many other Filipinos out there with the ability to lead for the common good, who will serve them with utmost responsibility, integrity, loyalty and efficiency, and who will act with patriotism and justice and lead modest lives. Right now I have in mind some people successfully running non-government organizations (NGOs) which have contributed to the welfare of our countrymen especially the poor like Dick Gordon of the Red Cross and Tony Meloto of “Gawad Kalinga” housing projects. But they are hesitant to join the race not only because of the kind of politics we have but also because of our system of election. They know that if they decide to throw their hat into the ring, they will lose. Gordon tried it already and he lost.
Of course we now have an automated election pursuant to the automated election law (RA 8436 as amended by RA 9369). This law is mainly intended to insure honest, orderly, and peaceful elections (HOPE) by eliminating the long counts and the frauds committed after the voting like the dagdag bawas. But as the last two elections (2010 and 2013) have shown, the Precinct Count Optical Scan (PCOS) machines used have only facilitated and expedited the cheating and the dagdag bawas. The same machines will be used in the coming elections only that this time, they are called the Optical Mark Reader (OMR) although the new Comelec Chairman Andy Bautista has committed to strictly apply and comply with all the safeguards provided by law for an honest count and credible result. Let’s hope.
Under the Omnibus Election Code, any person whether a candidate or not is prohibited from campaigning before the start of the campaign period. The campaign period for the national post like the presidency usually starts in the first or second week of February or 90 days before the date of the election. For the local election it starts in March or 45 days before the election date.
But for the past several elections, people are already actually campaigning even one year before the elections. Tarpaulins and posters with names of possible candidates are already sprouting all over public places. There are suppose to be certain areas and spaces where these campaign materials can be posted but they are ignored. In fact some incumbent officials even start campaigning after assuming office by posting “Merry Christmas, Happy New Year, Happy Fiesta” greetings and graduation congratulations throughout their terms. Others paint their names in big letters and bright colors or government vehicles. Even our incumbent Vice President has already been going around shaking hands and making known his plans for the coming elections right after he assumed the office of the VP.
Actually, Roxas, Poe and Binay, and other would be candidates for national positions have been airing TV ads worth about P245,000 per 30 seconds three or four times a day since they manifested their intention to run. As of now they must have already spent billions of pesos long before the start of the campaign period, and still counting.
Obviously, if we consider the law fixing the start of the campaign period in February 2016 yet, they are already campaigning “prematurely.” But since none of them have filed their certificates of candidacy, they contend that they are not yet candidates and therefore not bound by the prohibition to campaign. And even if the law prohibits “any person,” to campaign before the start of the campaign period, they still contend that the Supreme Court has already ruled that the prohibition on premature campaigning has already been repealed by the Automated Election Law. So it appears that as of now, under law and jurisprudence there is no such thing anymore as “premature campaigning.”
And on the matter of the campaign expenses, it is quite obvious that no national or local candidate or would be candidate will be able to comply with the limit prescribed by law. This is another provision in our election law that is inutile. Under such law the campaign expense of a candidate for national position should not exceed P100 million more or less, at the rate of P1.50 per registered voter. This is indeed preposterous in the light of the current spending of the three candidates already campaigning before the start of the campaign period. That must be about the cost of one or two months TV ads for them. And what about the other expenses for travelling and posters? No candidate is indeed observing this provision on campaign expense limits especially because the COMELEC appears to be inutile in enforcing it.
May be people should be more vigilant in this regard. We still have the Judiciary to depend on. In fact in the last election the winning candidate for Governorship of Laguna was removed from office for election overspending when a case was filed against him by the losing candidate and civic minded residents. This case may serve as an example for future elections. But this case is quite rare because the wheels of justice also grind so slow in this country. So the winner may have already completed his/her term before the case is resolve.
With this kind of election practices and toothless election law as well as the seemingly incapable electoral body like the COMELEC, we cannot have honest, orderly and peaceful elections (HOPE). This is the reason why good and dedicated people do not run for public office.
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E-mail: attyjosesison@gmail.com