Poll aspirants may distribute relief goods in Lando’s wake —Comelec
Politicians vying for posts in the 2016 elections will not be violating any of the country's election laws if they distribute relief goods in areas affected by tropical cyclone Lando, Commission on Elections chairman Andres Bautista said on Wednesday.
“If you look at the decision of the Supreme Court on the Penera case... you can only engage in prohibited campaign acts during the campaign period. Essentially, before that, you are free to do anything,” Bautista said in a news briefing.
“Walang prohibited premature campaigning. That’s the problem," he added.
Bautista said Comelec could not find any prohibition for aspiring candidates before the start of the campaign period.
The 90-day campaign period for national candidates will start on February 9. The 45-day campaign period for local candidates will start on March 26.
Republic Act 9369 or the Poll Automation Law provides that “any person who files his certificate of candidacy (COC) shall only be considered as a candidate at the start of the campaign period” and that “unlawful acts applicable to a candidate shall be in effect only upon that start of the campaign period.”
This provision was affirmed by the Supreme Court in the 2009 case of Penera vs. Comelec, which paved the way for the removal of premature campaigning as an election offense.
On Tuesday, Liberal Party (LP) standard-bearer Mar Roxas and his running mate, Camarines Sur Rep. Leni Robredo, visited Baler, Aurora and distributed relief goods to affected residents.
Another presidential aspirant, Vice President Jejomar Binay of United Nationalist Alliance went to Cabanatuan, Nueva Ecija to help the typhoon victims.
Bautista reiterated the Comelec's call to lawmakers to pass a law that will amend election laws particularly those on premature campaigning.
“I think the call is on Congress to be able to come up with a law that would spell out with clarity which actions are allowed from this period until the campaign period and which should not be allowed,” Bautista said.
Bautista also reminded would-be candidates to follow what is right as regards their activities between now and the start of the campaign period.
“When I say ‘gawin ang tama’, I always say it as moral and legal,” Bautista said. —NB, GMA News