Comelec defenseless in preventing early campaign

The Commission on Elections confessed that they are defenseless in preventing early campaign activities of forthcoming candidates for senatorial and local posts in the 2013 elections.

According to Comelec Commissioner Rene Sarmiento, the Supreme Court has declared 'null and void' their earlier decision in November 2009 of categorizing early campaigning as an election offense.

It can be recalled that in March of 2007, the SC dismissed Sta. Monica, Surigao del Norte Mayor Rosalinda Peñera, who was filed with electioneering case, after she conducted a convoy ahead of her filing of certificate of candidacy.

Sarmiento said that in the Peñera vs Comelec case, a person is not yet considered a candidate, until the campaign period. If it is not yet campaign period and you appear in advertisements, SC calls it freedom of expression and not premature campaigning.

Section 80 of the Omnibus Election Code, "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." Moreover, Section 13 of Republic Act 9369, or the poll automation regulation shows that any person who files his COC within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy.

The forthcoming candidates for the 2013 elections may issue their COC from October 1 to 5, 2012 whereas the 90-day campaign period for senators and party-list groups starts on February 12, 2013, as stated in the Comelec Resolution 9385.

On the other hand, the 45-day campaign phase for local candidates will start March 29, 2013. — ARA