MANILA, Philippines - Commission on Elections (Comelec) Chairman Sixto Brillantes is pushing for the immediate passage of the “Anti-Epal” bill of Sen. Miriam Santiago to provide the poll body some power to prevent premature campaigning.
“I believe so. It should be passed... so that, at least, we have something (against premature campaigning) than nothing,” he said.
Brillantes said the Comelec has been rendered “helpless” with the removal of premature campaigning from among the list of election offense.
“Given the current situation, it would be good for the Comelec if a new law preventing actions of politicians that can be considered premature campaigning would be enacted soon,” he said.
Based on Senate Bill 1967, it would be unlawful for a public official to have his or her name or image printed on a sign announcing a proposed or ongoing public works project, as well as on existing government projects undergoing maintenance or rehabilitation.
However, critics said such actions provide incumbent officials a head start in the campaign.
In November 2009, the Supreme Court ruled that any person who has filed his/her Certificate of Candidacy (COC) shall only be considered a candidate at the start of the campaign period as provided under Republic Act 9369.
The decision contradicts Section 80 of the Omnibus Election Code: “It shall be 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.”