As 2016 election approaches, more and more political hopefuls are going the extra mile to win more votes. You can see a plethora of political ads and various campaign strategies, which are clear signs that election is just around the corner. In the past, premature campaigning is considered a violation but based on the country’s statute books, it is no longer a violation. It was used to be a criminal offense that can result in disqualification of the candidate.
Under Section 68 of the Election code, any candidate who in a protest or action in which he is a party is declared, based on the final decision of a competent court is considered guilty of violating any of Sections 80, 83, 85, 86 and 261. This leads to the disqualification of candidate from holding the office or running for election. If you see political ads on TV, they are not considered as a violation of the election code.
Premature Campaigning And Its Considerations
An act will only be considered as election campaigning when it intends to promote the election or defeat of a person who has already filed a certificate for candidacy. Even if the person deemed most qualified for public office appears to be campaigning, he still does not violate any laws unless he has officially filed his COC.
No one can be punished for prematurely campaigning under Section 80 of the Election Code if the person is not yet legally a candidate. In the past elections, the voting and counting process were still manual and a timeline must be observed for filing a COC. It should not be later than one day before the start of the campaign period. This is to ensure that the opportunity to campaign is maximized without breaking the law.
However, when automated election was introduced by RA 8436 in 1997, the deadline for filing COCs has also changed. It should not be later than 120 days before the election. If candidates file their COCs earlier than the said deadline, they will be punished for premature campaigning especially if campaigns took place between the date of COC filing and the start of the campaign period.
With the most recent amendment, Section 11 of the law states that even if COCs are filed before the campaign period, the candidates will not be liable for violating laws on campaigning. The law takes effect on the start of the campaign period. In the simplest term, no one can be charged for premature campaigning if there are no candidates yet.
