Comelec should enforce premature campaign law

We have laws governing national and local elections and they should be observed. Republic Act 9006, known as the Fair Election Act, mandates that the legal campaign period starts on February 10 for national candidates and March 25 for local bets. So the candidates for this coming election cannot begin campaigning before that official date.

We believe that this law is good both for the candidates and the public. Campaigning is an expensive activity and so the candidates are spared from having to spend money early. The public, on the other hand, is spared from having to put up with campaign speeches in mass media. There is ample time for the candidates to present their program of government to thevoters in this coming elections.

The penalty for violation of Republic Act 9006 is disqualification plus criminal charges. We sincerely hope that all candidates refrain from campaigning till the proper time. And we hope that the Comelec will strictly enforce the spirit and the letter of the Fair Election Law. This means monitoring tri-media.

The candidate for this coming elections have all filed their certificates of candidacy. Does any exposure to mass media mean that they are campaigning? If not, just where do you draw the line? For a candidate, any public appearance is a form of campaign. President Gloria Macapagal-Arroyo, for instance, was very visible in the cemeteries last All Saints Day. Can the Comelec interpret that as campaigning before February 10? All campaigns start when the candidates officially become candidates.

In the case of Fernando Poe, Jr., his popularity as a movie star attracted a crowd wherever he went.

Our point is how will the Comelec enforce Republic Act 9006. Just what is the definition of campaigning for one’s election? Some candidates have appeared on TV as guests of certain host programs and it is their candidacy that was being discussed. Now, Elections Chairman Abalos is appealing to the owners of television, radio and the newspapers not to allow premature campaigning. Again we ask: Is a candidate who appears in a program campaigning? The Comelec should make perfectly clear what they classify as campaigning before the legal period provided by law. Should candidates avoid all public appearances or just the ones that involve media? This is the main point.

In a way an election campaign is very much like Christmastide. Here, Christmastide officially begins on December 16 with the traditional nine-consecutive simbang-gabi. But long before that, commercial establishments and private homes are already decorated for the Yuletide season.

The main topic in all newspapers and even private conversation a early as last year was about the coming candidates for the May 10 elections. Can the Comelec enforce Republic Act 9006? Will any candidate be disqualified from running and criminally charged for campaigning prematurely? The way we see it, strictly speaking, all the candidates may already have campaigned ahead of schedule.