No more premature campaign rule – Supreme Court

MANILA, Philippines – The Supreme Court (SC) has affirmed its ruling last year that reversed an earlier decision disqualifying a town mayor for premature campaigning.

The decision of the high court effectively removed the rule on premature campaigning and would virtually allow candidates to campaign ahead of the prescribed period under the Omnibus Election Code.

The Commission on Elections (Comelec), however, reserved comment over the ruling decriminalizing premature campaigning.

“We have not read the decision. We have to study it first,” said Ferdinand Rafanan, Comelec’s Law Department director.

Rafanan said the new ruling on premature campaigning would prompt the Comelec to come up with guidelines on how it would be implemented.

The SC denied the motion for reconsideration of Edgar Andanar last Jan. 7 asking the high tribunal to reinstate its Sept. 11, 2009 decision that upheld disqualification of Sta. Monica, Surigao del Norte town Mayor Rosalinda Penera for premature campaigning in violation of Section 80 of the Omnibus Election Code.

In a resolution approved Tuesday, the High Court cited the lack of new substantial argument raised by Andanar.

Andanar wanted the SC to affirm its earlier ruling that held the ban on premature campaigning remains in effect despite implementation of the poll automation law (Republic Act 8436 as amended by RA 9369).

Andanar said the intention of the Omnibus Election Code is to prevent the credibility of elections in the country from being compromised.

He also maintained that poll automation does not decriminalize premature election campaign and, in fact, does not dwell on the topic of premature election campaign but only with the filing of certificates of candidacy and on the manner of voting and counting votes.

The SC junked Andanar’s arguments and upheld its 16-page resolution promulgated on Nov. 25 last year.

The SC reversed its earlier ruling and said hopefuls in an election become official candidates only during the campaign period and therefore cannot be penalized for political activities prior to the start of campaign.

In its Sept.11 ruling, the SC upheld the decision of the Comelec finding Penera guilty of violating the rule on premature campaigning under Section 80 of the Omnibus Election Code.

But under the automated election law, candidates running for national elective posts can start their campaign on Feb. 9 and those for local elective posts on March 26.

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

The SC said 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 candicacy (COC) is to allow the Comelec ample time for the printing of official ballots.

SC spokesman Midas Marquez said the new ruling of the high court had taken into account the infomercials and other advertisements of politicians joining the 2010 elections.

Marquez said this would now be considered as an “exercise of freedom of expression” by candidates.

Rafanan, on the other hand, said Comelec cannot ascertain the implications of the SC ruling in allowing candidates to campaign early.

“From the ethical point of view, maybe they (candidates) cannot do that. But from the legal point of view, maybe they can… we’ll see,” he said.

Rafanan said the Comelec had taken notice of the Penera case since last year.

He said candidates also played it safe by restraining themselves from campaigning openly. –Edu Punay (The Philippine Star) with Sheila Crisostomo