FACT CHECK: Comelec backtracks on banning premature campaigning in 2025 polls

From saying it will ban premature campaigning for the 2025 national and local elections, the Commission on Elections (Comelec) now says it cannot circumvent the 2007 law that repealed the restriction.

STATEMENT

In a press briefing on July 23, Comelec Chairperson George Garcia said the poll body cannot go after candidates who engage in campaign activities before the official campaign period.

This, he said, is due to an existing law on automated elections that considers a person a candidate only at the start of the campaign period. He explained that the Comelec was able to impose such a ban in the Barangay and SK polls in October 2023 because these were manual elections.

He added:

“Pero ngayon maliwanag na maliwanag [na] automated ito. ‘Yon ‘yung nakalagay sa automat[ion] law. Wala kaming choice but to respect the decision of the court in the case of Penera vs Comelec and the provision of [RA] 9369.”

(But now, it is very clear that [this election] is automated. That is what the automat[ion] law says. We don’t have a choice but to respect the decision of the court in the case of Penera vs Comelec and the provision of [RA] 9369.)

Source: Comelec, MEMORANDUM OF AGREEMENT SIGNING – PRESS CONFERENCE, July 23, 2024, watch from 50:51 to 51:31

Likewise in an interview with VERA Files last July 1, Comelec Spokesperson John Rex Laudiangco said:

“Talagang binanggit [ni Chairman Garcia] po ‘yan ngunit batay po sa pag-aaral ng Comelec law department, talagang nakita po namin na malinaw [na] sinasabi ng Supreme Court do’n nga po sa ruling sa Penera vs Comelec na hindi na talaga namin mapaparusahan ‘yung premature campaigning dahil practically binura ng Republic Act (RA) 9369 ang tinatawag natin na premature campaigning.”

(Chairman Garcia really mentioned that but based on the study of the Comelec law department, we saw that it was clear in the Supreme Court ruling in Penera vs Comelec that we cannot penalize premature campaigning because RA 9369 practically removed it.)

FACT

Garcia announced in April that Comelec would “stand firm” in enforcing the ban on premature campaigning in the upcoming 2025 polls.

“For the coming election, we will presume all those who will file their candidacies by Oct. 1 to 8 as candidates already. And, therefore, ia-apply namin ‘yung premature campaigning,” he said during a conference hosted by the Philippine Center for Investigative Journalism last April 30.

“If they want to go to the Supreme Court, so be it,” he added, referring to candidates who would challenge the ban.

Garcia made a similar announcement in March this year and was quoted by various media organizations as saying, “The Comelec will stand firm that those who will file their Certificates of Candidacy this October will immediately be considered as candidates. Whatever are the prohibitions, it will be applicable to all.”

BACKSTORY

In the 2009 case of Penera vs Comelec, the Supreme Court ruled in favor of Rosalinda Penera, who was disqualified by the Comelec from running for mayor of Sta. Monica, Surigao Del Norte due to premature campaigning.

Citing RA 9369, the high court declared that “a candidate is only liable for election offenses only upon the start of the campaign period.”

According to the Automated Election System Act, “unlawful acts or omissions applicable to a candidate shall take effect upon the start of the aforesaid campaign period.”

Moreover, in RA 9369, the amended version of the law, it is stated that a person who files a certificate of candidacy is considered a candidate only “at the start of the campaign period.”

The Omnibus Election Code sets the campaign period for candidates for president, vice president, senators and party-list organizations to start 90 days before the date of election.

For candidates for regional, congressional districts, provincial, city and municipal positions, the campaign period begins 45 days before election date, while those running for barangay and SK elections have a 15-day campaign period.