Verbal tussles continue to rage on around various social media platforms with the May 2022 elections nearing and one of the many topics or issues being raised online is why is it that the Commission on Elections (Comelec) is not doing anything about premature campaigning?
Posters, tarpaulins, billboards, and even food products with faces of aspirants have already spread and posted online which is why netizens have thoroughly expressed their curiosity as to why Comelec is mum on the presence of such materials.
But as Comelec spokesperson James Jimenez put it in a recent tweet: "election rules still don’t apply to would-be candidates".
Poll watchdog Legal Network for Truthful Elections (Lente) explained in their Twitter account why Comelec is not cuffing anyone at the moment.
First, according to Atty. Ona Caritos, Executive Director of Lente, is that the Comelec is only an implementing body of the law. Second, a person is only a candidate during the campaign period, which is February for National and March for local candidates.
This is also the reason why those who filed their Certificates of Candidacy (COCs) last month are called "aspirants" instead of "candidates" since the campaign period has not yet begun.
Caritos added that campaigning is only premature when it is done by candidates outside of the campaign period, but in the eyes of the law, there are still no candidates based on the definition set in Section 13 of Republic Act No. 9369 or the amended automated election law.
“For this purpose, the Commission shall set the deadline for the filing of certificate of candidacy/petition of registration/manifestation to participate in the election. Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy," the law stated
In the announcement made by the COMELEC in Resolution No. 10695 dated Feb. 10, 2021, the campaign period for the 2022 elections are as follows: Feb. 8 to May 7, 2022 will be for Presidential, Vice Presidential, Senatorial candidates and Party-list groups participating in the party-list system of representation.
March 25 to May 7, 2022 will be for members of the House of Representatives and elective regional, provincial, city and municipal officials.