Election lawyer urges strict enforcement of non-partisanship rule in barangay polls

An election lawyer on Thursday urged the Commission on Elections (Comelec) to  enforce the non-partisan clause of the Omnibus Election Code to ensure candidates for the barangay elections are not affiliated with any political party.

Attorney Romulo Macalintal said local government officials such as mayors often help fund the campaigns of their party-mate candidates on the barangay level due to the lack of enforcement of Section 38, Article VI of the Omnibus Election Code.

"Karamihan sa mga barangay officials miyembro sila ng mga political parties, mga opisyal pa nga 'yan ng mga political parties. Hindi maiiwasan, it is a political affair. Kailangan siguro kung talagang magiging non-partisan 'yan ay dapat medyo pahigpitin pa 'yung batas dahil hindi naisasakatuparan 'yang non-partisan political activity na barangay elections," Macalintal told Super Radyo dzBB.

Macalintal said local officials find their way around the law since there is no provision which prohibits them from contributing to campaigns, saying the law only prohibits political parties from nominating candidates.

"Hindi naman puwedeng hindi sila tulungan ng political parties kasi hindi naman ipinagbabawal. Hindi naman sinasabi na ang mayor ay hindi puwedeng tumulong sa mga barangay captain o barangay kagawad kasi hindi naman ipinagbabawal sa batas 'yun. Ang ipinagbabawal lamang 'wag kang mag-nominate," he said.

Section 38 of Article VI states: "No person who files a certificate of candidacy shall represent or allow himself to be represented as a candidate of any political party or any other organization; and no political party, political group, political committee, civic, religious, professional, or other organization or organized group of whatever nature shall intervene in his nomination or in the filing of his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise favorable to or against his campaign for election."

The election period for the barangay and the Sangguninang Kabataan elections started on April 14. The polls will be conducted on May 14.

No extension will be given for the filing of certificates of candidacy, according to Comelec.

Macalintal, who is also the lead legal counsel of Vice President Leni Robredo in the poll protest filed by Ferdinand "Bongbong" Marcos Jr., said the barangay elections are more personal for candidates since they share a small community where most residents know each other.

He also reminded the P5 limit candidates can spend for each registered voter.

"Mas matindi [ang barangay elections] kasi masyadong personal 'yan, saka magkakakilala sila e. Magkakapitbahay kasi 'yan kaya mas malapit ang init nila, kaya 'pag nagkaroon ng gulo ay talagang masyadong umiinit ang pulitika sa kanila," Macalintal said.

"Small political unit lamang sila kaya lalong mainit ang labanan nila, masyadong personal. Kaya 'yung sinasabing non-partisan, ay talagang dapat ma-implement mabuti ng Comelec," he added. — BM, GMA News