Comelec can’t stop negative campaigning

MANILA, Philippines — The Commission on Elections (Comelec) can’t stop negative campaigning because it is allowed by law, according to the chief of the poll body.

“Banning negative campaigning is something we can’t do because it is provided for under the Omnibus Election Code,” Comelec Chairman George Garcia said yesterday.

However, Garcia said the Comelec has the power to act on candidates’ issuance of statements “bordering on something criminal.”

“Two things can happen – disqualification of the candidate and at the same time criminal case against the candidate involved,” he said.

Garcia said Comelec is also powerless in stopping supporters of candidates and political parties from engaging in negative campaigning because they are beyond the poll body’s jurisdiction.

In the case of former president Rodrigo Duterte’s joke about killing incumbent senators, Garcia said, the Comelec cannot sanction him because he is not a candidate.

“For supporters, there might be some national security implication or whatever, but it’s for other agencies to deal with,” Garcia said.

He said Comelec always respects the freedom of expression of supporters of candidates and political parties, but exceptions provided by Supreme Court rulings must be observed.

The poll chief also noted that the cyber libel law can prevent negative campaigning on social media.

Also yesterday, the Comelec said candidates, party-list groups and their nominees found engaging in vote-buying activities face disqualification.

“We will not have a second thought to disqualify this party-list or candidates or the nominees of party-list if there is evidence,” Garcia said.

He issued the warning in reaction to reports of vote-buying activities by a party-list group in the cities of Baguio and Quezon.

It was reported that the party-list group is distributing membership identification cards with P100 attached to them.

He said there is no problem if certain groups are recruiting members. However, if those applying for membership receive money, it is considered vote-buying.

Garcia said the Comelec would immediately issue a show cause order as soon as they receive photo evidence of the vote-buying incident.

“The Comelec will act immediately on these complaints so that efforts by some people to gather evidence by taking photos will not be for nothing,” he said.

Petition at SC backed

Meanwhile, an election watchdog yesterday expressed support for a petition filed with the Supreme Court (SC), seeking full disclosure of key documents related to the conduct of automated elections in May.

In a statement, Democracy Watch Philippines urged the Comelec to ensure public integrity by releasing documents related to its contract with Miru Systems.

It noted that the departure of St. Timothy Construction Corp. (STCC) from its joint venture with Miru “has raised serious concerns regarding the financial viability and legal compliance of the remaining consortium.”

The group reiterated its previous position that the withdrawal of STCC affected the financial and operational capacity of the joint venture to fulfill its contractual obligations to Comelec.

“Additionally, the potential implications of STCC’s exit on the 60-40 foreign ownership rule governing public infrastructure projects must not be ignored,” it added.

Comelec, the group said, should clarify if the joint venture remains compliant with Philippine laws, particularly on the required Filipino ownership share.

“Democracy Watch firmly believes that the Filipino people deserve full transparency regarding the preparations for the 2025 elections. We call on Comelec to proactively disclose key documents, including financial records, ownership agreements and contract details, to assure the public that election integrity will not be compromised,” it said.

“Any attempt to withhold such information will only deepen public mistrust and fuel suspicions about the integrity of the election process,” the group added.

Various groups led by the Right to Know, Right Now Coalition (R2KRN) last week asked the SC to compel the poll body to release relevant documents regarding its contract with Miru.

The Comelec earlier said the net financial contracting capacity of the remaining members of the joint venture remains adequate despite the withdrawal of STCC.

In its SC petition, the R2KRN – along with media groups, journalists and academics – said the Comelec failed to disclose all relevant documents regarding the contract, including the updated joint venture agreement and risk assessment.

Democracy Watch Philippines stressed the importance of transparency, saying any attempt to withhold relevant information “will only deepen public mistrust and fuel suspicions about the integrity of the election process.”

“As we approach the 2025 elections, we urge Comelec to demonstrate its commitment to safeguarding democracy by prioritizing transparency, fiscal responsibility and adherence to legal standards,” the group said.

“The integrity of our elections depends not just on the technology used but on the credibility of the institutions overseeing the process,” it pointed out. — Janvic Mateo