Bets whom Duterte praises just happen to be at his events, Panelo claims

MANILA, Philippines — Even before the campaign period for national candidates begins on February 12, President Rodrigo Duterte has been endorsing candidates at public events. 

Presidential spokesperson Salvador Panelo told reporters on Tuesday afternoon that despite the early endorsements, there’s "nothing wrong with this."

"Is there a violation? No,” he said. And— at least technically —  Panelo is correct.

The Supreme Court said in July 2018 that premature election is no longer an election offense. 

"The law itself doesn’t define it as an offense because it defines candidacy and campaigning very specifically," Theodore Te, SC spokesperson at the time, said of the Automated Election Law.

The high court said in its decision that a person who files their certificate of candidacy is only considered a candidate at the start of the campaign period, and not when COCs are filed in October the previous year.

Earlier this month, Duterte took time during a post-disaster briefing in the aftermath of Tropical Depression Usman in Camarines Sur to endorse former aide Bong Go, former police chief Ronald “Bato” Dela Rosa, and Francis Tolentino, his former political advisor. 

Panelo insisted, however, that these endorsements are unplanned. 

“The assumption that he brings candidates is incorrect, he doesn't bring candidates,” Panelo said. 

But while his endorsements are allegedly impromptu, Panelo said the candidates appearances are not.

"Those candidates just happen to be there.These candidates happen to be there and these candidates happen to be very creative know the schedule of the president," Panelo claimed.

"You cannot stop them, they're citizens of this country. There's no prohibition to be attending functions and events," he said. 

Go, who resigned as presidential aide when he filed his candidacy papers, has, in the past, just happened to be in the same helicopter as Duterte during an aerial inspection of typhoon damage and other events.

Panelo could not offer any specific plans for the upcoming election, but said that the public can expect to see the 73-year-old president on the campaign trail. 

“He will be in many provinces attending many events. In the process he will be delivering speeches, pero di naman kailangan palagi siya nandiyan (he doesn’t have to always be there),” Panelo said. 

The campaign period for senatorial and party-list candidates is scheduled from February 12 to May 11 while the campaign period for local candidates, including district representatives, is from March 29 to May 11. 

When asked by reporters about using state resources like state media for what is perceived as campaigning, Panelo said that there is nothing wrong with that either. “All presidents do that. There's nothing wrong with that, with endorsing, or praising someone who will run for the Senate,” he said. 

And while the Civil Service Commission had reminded government employees that they are not allowed to publicly campaign for candidates, there are exemptions, according to a joint resolution by the CSC and Comelec. 

The exemptions include the president and vice president, Cabinet members; publicly elected officials (except at the barangay level), and the personal staff of these officials.

Duterte: Nobody but nobody can use government resources

However, October last year, Duterte said that he would not allow state resources to be used for campaigning. 

"Nobody but nobody can use government resources. Not even [former presidential aide Christopher] Bong [Go]. I will not allow it," Duterte said during the Army's change of command ceremony in Fort Bonifacio. 

READ: No government resources for admin bets - Duterte

The Omnibus Election Code of the Philippines limits the "state resources" to mean government funds, equipment, facilities and vehicles.

According to Section 261 (o), the following would constitute an election offense: 

Use of public funds, money deposited in trust, equipment, facilities owned or controlled by the government for an election campaign. - Any person who uses under any guise whatsoever, directly or indirectly … (3) any equipment, vehicle, facility, apparatus, or paraphernalia owned by the government or by its political subdivisions, agencies including government-owned or controlled corporations, or by the Armed Forces of the Philippines for any election campaign or for any partisan political activity.