Even before the campaign period for the national and local elective posts, discussions and speculations about who will finally run for president down to the local offices have warmed up in almost every nook and cranny of the archipelago. In fact, the social media has become the hub of political pundits, if not trolls of “epal” aspirants who have already started their campaigns. Political mudslinging in all directions have been thrown by zealous supporters of aspiring candidates who are not yet certain to run for office or whose certificates of candidacy will yet be accepted by the poll body. Substitution of candidates is allowed only until Nov. 15 and only after that day will the people know who will be finally running against whom for the different elective positions. So, who says that the campaign season has not started yet?
You are only kidding yourself if you say that the campaign period has yet to start. Yes, the Omnibus Election Code states that for national positions, the candidates can only campaign for 90 days running to election day, while for local positions, 45 days running to election day. But the fact remains that once the aspirants file their certificates of candidacy, they and their supporters start campaigning already. Notice that these aspirants suddenly show up (if not staged by themselves) in several birthday parties, baptism parties, or whatever parties that their campaign managers could imagine. Soon you see them attending weddings and funerals. Others with more resources conduct different kinds of “civic-oriented operations” projects like medical-optical-dental operation, tree planting, free circumcision, free legal consultation, Christmas parties and gift giving. They attend barangay fiestas where they donate prizes for sports or musical competitions that barangays conduct. These are just some modes of campaigning that candidates would conduct even before the start of the campaign period under the law. So why can they not be held criminally liable?
This is because under the present law, for as long as the activities and gifts or donations that the aspirant sponsors or gives, including the various paraphernalia, do not bear the words, “Vote for” they are not criminally liable. This is the big loophole in the law that candidates use to circumvent the limit of campaign period and the limit of campaign expenses that the Omnibus Election Code imposes.
Note also that the mere filing of the certificate of candidacy does not automatically make the filer a candidate. My friend exclaimed, “Is that not crazy, you file a certificate of candidacy, but you are not yet considered a candidate?” I agree with him but explained the rule that the filer shall only be considered as a candidate at the start of the campaign period. As an official candidate by then, he will be expected to follow rules and regulations set by the Comelec during the campaign period. Failure to comply may result in election offenses for which he could be criminally charged in court.
So, before the start of the campaign period and you see the candidates conducting activities and distributing several kinds of paraphernalia, making speeches and attending caucuses that are actually, for no other reason, intended to boost their campaign for public office, even explaining the reason why they filed their certificates of candidacy, they are not committing any election offense. For as long as they don’t ask their audience to vote for them, their big welcome streamers or other paraphernalia don’t bear words asking for their votes and even if they spend thousands of pesos for their activities beyond the allowable limits, they are not violating the law. Take note too, that the expenses of these candidates before the “election period” are not considered “election expenses”. You see, the provisions on violations of the election code, cover mostly the limits on expenses for financing the actual campaign, use of tri-media and campaign materials.
We saw the point of Comelec when it asked that the law on the campaign period be extended to 120 days for both the national and local positions. That way, the candidates would be required to declare their expenses for clearly campaign related activities. Although knowing the ingenuity of Filipino politicians, they will still find a way to find a loophole in whatever law is passed. After all, the lawmakers are the politicians!
It is even the common observation that the campaign period never ends after election day. Politicians start campaigning right after the oath-taking ceremonies. Ask any habitue at Chongloy’s Luisa’s Café. (DEL CLARAVALL)
May 2, 2024
