MANILA, Philippines - Despite the decriminalization of premature campaigning, election lawyer Romulo Macalintal said yesterday that candidates could still be disqualified for “epal posters” through other legal means.
In a statement, Macalintal noted that concerned citizens who can prove that they were “unjustifiably annoyed or vexed” by such posters can file for “unjust vexation” that is punishable with imprisonment of up to 30 days under Article 287 of the Revised Penal Code.
“The crime of unjust vexation is committed if ‘the offender’s act caused annoyance, irritation, torment, distress or disturbance to the mind of the person to whom it is directed’ as explained by the Supreme Court in Maderazo vs People on Sept. 26, 2006,” he added.
Aside from this, candidates could also be charged with violating Regulation No. 99-006 of the Metro Manila Development Authority pursuant to Republic Act 9003 or the Anti-Littering Law.
The regulation penalizes any person who “illegally posted or installed any signage, billboards, posters or streamers” without the corresponding permit from the city or municipal government.
On the basis of this regulation, Macalintal said, any person or the LGU may also institute criminal cases against any violators.
“Once these persons are convicted, then they can be disqualified from seeking any elective position under Section 12 of the Omnibus Election Code, which disqualifies any person convicted of ‘a crime involving moral turpitude’ to be a candidate or to hold any public office. Moral turpitude includes everything which is done contrary to justice, honesty, modesty, or good morals,” he claimed.
Macalintal added there is enough time to file such criminal complaints so candidates who will use “epal posters” should think again.
Electioneering had been decriminalized by the Supreme Court in 2009 when it junked the case against Sta. Monica, Surigao del Norte Mayor Rosalinda Penera who went on a motorcade right after filing her certificate of candidacy for the 2007 elections.
Drug test for 2013 candidates proposed
Meanwhile, Zambales Gov. Hermogenes Ebdane Jr. urged drug tests as requirement for politicians who will file their certificates for the 2013 elections.
Ebdane, who had been public works secretary during the Arroyo administration, was reacting to a report of Philippine Drug Enforcement Agency (PDEA) director Lyndon Aspacio on the worsening drug abuse cases in Central Luzon during the inter-agency meeting of Central Luzon’s Regional Peace and Order Council (RPOC).
Ebdane urged the RPOC to ask the Commission on Elections (Comelec) to make drug test a requirement for all politicians filing certificates of candidacy for next year’s polls.
“We need to make sure that all our leaders are clear of illegal drugs,” Ebdane stated.
Jun Gonzales, office-in-charge of provincial prosecutors’ office, said a similar proposal was made years ago but this was junked amid lack of legislation.
“The move was thought to be unconstitutional because such requirement is not cited in the Constitution,” Gonzalez said.– With Ding Cervantes