House passes bill to officially allow early campaigning

MANILA - The House of Representatives has passed on final reading a bill that would allow candidates to promote themselves in public even before the actual campaign period begins, with legislators saying they approved the measure to protect the Commission on Elections from being swamped with election cases.

The bill, principally sponsored by Makati Rep. Teodoro Locsin, would amend the Omnibus Election Code that bars candidates from engaging in election campaign or partisan political activity outside the campaign period.

Section 80 of the Omnibus Election Code states that it is 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.

But House Bill 6926 seeks to neutralize this provision.

It states: “Notwithstanding Section 80 of the Omnibus Election Code, any person who files a certificate of candidacy within the period prescribed by the Commission on Elections shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy... provided, further, that any form of partisan or political activity committed by any person after the filing of the certificate of candidacy but before the start of the campaign period shall not constitute an unlawful act or omission.”

The measure also noted that unlawful acts or omissions that could disqualify a candidate would only take effect upon the start of the campaign period.

In the explanatory note to the measure, the authors noted the recent Supreme Court decision disqualifying a mayor for premature campaigning for holding a motorcade after filing her COC. They said the decision would give rise to many questions and problems on what constitutes premature campaigning.

The situation is compounded by the fact that there is a two-month hiatus between the deadline for the filing of the COC and the start of the actual campaign period. The hiatus came when the deadline for the filing of COCs was moved earlier because of the automation of the 2010 polls, which entails printing longer ballots containing the names of all candidates.

The lawmakers said there may also be numerous disqualification cases filed against candidates for premature campaigning as a result of the ambiguity.

“In order to avert the situation where the Comelec will be deluged with disqualification cases, there is an urgent need to amend Section 80 of the Election Code by allowing any form of partisan or political activity after the filing of the Certificates of Candidacy during the said hiatus but before the start of the campaign period,” the explanatory note said.

It added that this was in line with the Constitutional mandate that a candidate should be free from any form of harassment and discrimination.

At a recent House hearing, concerned lawmakers rained a barrage of questions on Comelec officials asking which kinds of actions—ranging from starring in a movie to giving away calendars—could be construed as premature campaigning.

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