Senators Vicente "Tito" Sotto III and Panfilo "Ping" Lacson welcomed on Monday, July 12, the plan of the Commission on Elections (Comelec) to include social media advertisements in the computation of campaign expenses of candidates for the May, 2022 elections.
"That's a good move. The candidates with billions of campaign funds will be straightjacketed," Sotto, who is considering running for vice president next year, said in a message sent to reporters.
He also tweeted later: "Ang hindi sumang-ayon, obvious na maraming pera. Ang bad, baka pera pa ng bayan ang gamit (Those who do not agree are obviously those who have the money for campaigning. What's bad is if they are using government funds)!"
Lacson, Sotto's potential running mate for presidency, also said the Comelec's plan is a welcome development, as this would level the playing field for possible candidates.
"Definitely a welcome development since it won't put the administration candidates at an advantage since they are always presumed to have more than enough resources at their disposal," he said in a separate text message.
"That's fair to everybody, especially those who have less campaign funds to use for campaign ads," he pointed out.
Comelec Commission Rowena Guanzon diclosed last Thursday, July 8, that the poll body is mulling on computing ads on social media platforms, like Facebook and Twitter, in the expenses of individuals who will be filing their candidacies on October.
"I think the majority of us agree that once the candidate file their COC (certificate of candidacy) then the clock starts ticking for campaign finance, so all expenses should be counted from the time, immediately upon submission of the COC," Guanzon said.
Lacson agreed with this position, saying: "It's about being officially a candidate, which is upon filing of the COC."
But Senator Imee Marcos, chairperson of the Senate Committee on Electoral Reforms and People's Participation, said she was "perplexed" with the move.
"While I am no election lawyer, my understanding is that toting social media expenses immediately upon Oct filing will be in violation of existing laws and jurisprudence," Marcos said.
"The campaign period is very well-defined, which is 90 days from day of election for national candidates and 45 days for local candidates," she added.
"To consider expenses of those who filed COC in October is to say that they are already candidates, which is not the intent of our laws may have serious implications later on," Marcos maintained, even as she recognized the Comelec's "broad rule-making powers covering campaign finance."
In 2009, the Supreme Court decriminalized premature campaigning when it upheld a provision in the Republic Act No. 9369 or the Poll Automation Law, which considers a person an election candidate only during the campaign period, even after filing his or her COC.
"Of course there's the rule on 'it's not premature campaigning'...but the duty of the duty of the Comelec is to conduct an election that is fair for all," Guanzon had maintained.
The Comelec has set the filing of COCs for the 2022 polls from October 1 to 8, 2021.