TWO weeks before the filing of the certificates of candidacy (COC), the Commission on Elections (Comelec) still has not decided when the prohibition on premature campaigning will start, citing conflicting laws on the matter.

Local poll officials said yesterday that there is no official stand yet whether the prohibition on early campaigning takes effect once a candidate files the COC or when the campaign period for local positions starts on March 26, 2010.

Sun.Star accepts donations for victims of Typhoon Ondoy

Nov. 20-30

The filing of the COC starts on Nov. 20, a Friday, and ends on Nov. 30, a Monday.

While the Omnibus Election Code (Batas Pambansa 881) provides that one is considered a candidate once his or her COC is filed and is not allowed to campaign until the campaign period starts, Republic Act (RA) 9369 or the Poll Automation Law considers one a candidate only when the campaign period starts.

Provincial Election Supervisor and lawyer Lionel Castillano said the Supreme Court ruled last Sept. 15 that as soon as a person has filed his or her COC, he is considered a candidate and is immediately barred from campaigning until the campaign period starts.

“But there is also the Poll Automation Law that says you are considered a candidate only when the campaign period starts, so there are two different views and until now, the commission has not made a stand on what to follow,” he said.

In the meantime, Comelec Assistant Regional Director Veronico Petalcorin said he does not find anything wrong with the public visits of some aspiring politicians, since they are not considered candidates yet.

SC ruling

Castillano cited the SC decision upholding the Comelec en banc ruling that found a town mayor in Surigao del Norte disqualified for violating the Omnibus Election Code.

The SC declared that Section 80 of the Omnibus Election Code, which bans any campaign outside the campaign period, remains in effect despite the implementation of RA 9369.

The mayor, however, has filed a motion for reconsideration.

Section 80 of the Omnibus Election Code states that “it shall be unlawful for any person, whether or not a voter or candidate, or for any party of association to engage in an election campaign or partisan political party except during the campaign period.”

But Section 15 of RA 9367 redefines the meaning of a candidate as “any person who files his (COC)… shall be considered as a candidate within the start of the campaign period.”

RA 9367 supposedly amends the Omnibus Election Code and other election related laws.

Castillano said the Comelec commissioners have different views on the matter, “but there is no official stand yet.”

“We are still waiting for the commission en banc to draft and release the guidelines before the end of the month, because we will start accepting the COCs by Nov. 20,” he continued.

In a separate interview, Cebu City election officer for the south district Edwin Cadungog said the other prohibitions, such as the gun ban, will take effect when the election period begins on Jan. 10.

Other prohibited acts during the election period are the suspension of elective local officials, transfer of officers and employees in the civil service, and the use of security personnel or bodyguards by candidates, whether such guards are regular members of the armed forces or other law enforcement agencies.

Cadungog believes that if the Comelec and the SC decide that RA 9369 should prevail over the Omnibus Election Code, those who file their COC and campaign before March 26 will not be liable for premature campaigning.

But if they decide that one is considered a candidate after the filing of the COC, candidates will no longer be allowed to campaign directly or indirectly, such as the giving away of basketball boards and other materials.