Comelec: SC ruling sets precedent for disinformation-related election cases

The Commission on Elections (Comelec) on Thursday welcomed a Supreme Court (SC) decision junking a petition that sought to disqualify Caloocan Representative Edgar Erice from running in the 2025 May elections.

In an interview, elections chief George Erwin Garcia described the case as “precedent setting”, saying the ruling on the petition has provided the poll body the legal weapon in handling cases related to the proliferation of misinformation, disinformation, and fake news during the elections. 

“Sabi ng SC, ang Comelec ay may karapatan mag-investigate at mag-prosecute ng ganitong klase. Whether kung grounds to disqualify, sabi ng SC hindi ito ground to disqualify pero ground to file an election offense,” said Garcia. 

(The SC said the Comelec has the power to investigate and prosecute these kinds of cases.  Whether if proliferating misinformation are grounds to disqualify, the SC said it is not but it is a ground to file an election offense.)

“Ngayon maliwanag na…Ang conviction ang magiging basehan ng disqualification, not the misinformation itself. ‘Yan ay guidance ito sa amin. Lalo pa na sa kasalukuyan, ang threa sa ating demokrasya ay misinformation, disinformation, at fake news. Legal weapon namin ito ngayon,” he added. 

(It is now clear. The conviction will be the basis for the disqualification, not the misinformation itself. That will be our guidance, especially now that misinformation, disinformation, and  fake news threaten our democracy.)

On Wednesday, the SC issued a 17-page decision reversing the Comelec ruling that earlier disqualified Erice for violating the Omnibus Election Code (OEC).

The Court said a candidate can only be disqualified if a competent court has already found them guilty of violating the code or the Local Government Code in a separate proceeding.

“Simply put, it is the final decision finding the party guilty of a violation of the Local Government Code or the Omnibus Election Code that shall serve as the basis for their disqualification,” the SC said.

“This means that the finding of guilt was done in a prior proceeding separate from the disqualification case itself,” it added.

Asked if the poll body would file an election offense case, Garcia said: “Ayoko i-preempt but para sa akin sapat na yun na nakapag-settle ang Comelec ng jurisprudence na ito.”

(I don’t want to preempt but for me, the Comelec settling a jurisprudence is enough.)

“Kung gugustuhin ng mga kasamahan ko na mag-file, it's up to them. Pero ako, that's more than enough. Tutal naman nanalo na, na-proclaim na, nakaupo na at nanunugkulan na ang naturang respondent”. 

(If the commissioners want, they can still file a case. But for me, that's more than enough because the candidate has been proclaimed and is now serving his constituents.) — BM, GMA Integrated News