Comelec: Candidates still free to do anything until campaign period starts

Since it is not yet campaign period, politicians who are running for elective posts in 2016 are not violating any election law if they join or conduct relief missions to help victims of typhoon “Lando”.

The campaign period for national candidates starts on February 9 while the campaign period for local candidates starts on March 26.

Commission on Elections (Comelec) Chairman Andres Bautista explained that one can only be held liable for prohibited campaign acts during the campaign period.

“If you look at the decision of the Supreme Court on the Penera case... you can only engage in prohibited campaign acts during the campaign period. Essentially, before that, you are free to do anything,” Bautista told a press briefing.

“There is no premature campaigning, that’s the problem,” he added.

No premature campaign Republic Act 9369 or the Poll Automation Law states that “any person who files his certificate of candidacy (COC) shall only be considered a candidate at the start of the campaign period” and that “unlawful acts applicable to a candidate shall be in effect only upon the start of the campaign period.”

This was affirmed by the 2009 Supreme Court ruling on Penera vs. Comelec, which paved the way for the removal of premature campaigning as an election offense.

Still, Bautista urged aspirants to always do what is right.

“When I say ‘do what is right' I always say it as moral and legal,” he said.

The poll chief appealed to lawmakers to pass a law that will clarify the parameters of the campaign.

“I think the call is on Congress to be able to come up with a law that would spell out with clarity which actions are allowed from this period until the campaign period and which should not be allowed,” he said.

Standard procedure On Tuesday, Liberal Party (LP) standard bearer Mar Roxas and his running mate, Camarines Sur Rep. Leni Robredo were in Baler, Aurora to distribute food packs and relief goods to residents severely affected by typhoon ‘Lando’ after making a landfall in Aurora province. The slow-moving ‘Lando’, categorized as a severe typhoon toppled trees, damaged roads and bridges that isolated areas and toppled electric posts plunging the whole of Aurora province into darkness.

United Nationalist Alliance (UNA) presidential bet Vice President Jejomar Binay was also in Cabanatuan, Nueva Ecija to bring help to typhoons victims.

“I would like to clarify that we have been doing this since the Ondoy incident in 2009 under Operation Tulong Bayan,” said Roxas.

No political color Roxas said they chose a neutral color with no markings to ensure that the assistance to typhoon “Lando” victims would not be tainted by politics.

“You can notice that even the plastic used is white. We made sure that there’s no (political) color, no markings. This is not really campaign, we do this in times of disaster,” said Roxas.

Each pack contained six kilos of rice, noodles, canned goods, coffee and sugar.

Roxas said they will make sure their presence would not affect the local government unit’s own initiative to help their constituents.

“We don’t want to disturb the relief operations. Instead of the local officials attending to us when arrive, we want them to focus instead on their own operations to help their people,” said Roxas. (with a report from Aaron B. Recuenco)