This as the tearing off earlier by a city election officer of some of these campaign materials nailed on trees and electric poles can be considered more of a ceremony than an act meant to really intimidate candidates into observing the law.
The inability of authorities to implement laws that protect the environment as well as those governing elections is solely to blame for the blatant abuse of our environment by those who wield power.
In this regard, the National Environment Action Team (Neat) of the Integrated Bar of the Philippines (IBP) will take the cudgels for concerned authorities.
Lawyer Antonio Oposa, who chairs IBP Neat, will spearhead the campaign against the abuse by the candidates of our trees. Local IBP officers (except those with clients who are candidates) will join Oposa in this endeavor.
Based on our count, a candidate who nails his/her posters on trees can be held liable for at least three criminal cases and a disqualification case.
Section 3 of Presidential Decree 953 prohibits the cutting or destruction of trees. Violation of this law is a criminal offense.
Violators can also be sued for malicious mischief as provided for in Article 327 of the Revised Penal Code. Meanwhile, there are city, municipal and provincial government ordinances that protect the environment.
Lastly, the posting of campaign posters outside the common poster area is an election offense, which is a ground for disqualification.
The IBP thus asks the candidates to remove their campaign materials nailed on trees to avoid embarrassment and criminal prosecution.
I can just imagine how busy IBP volunteer lawyers will end up once they start filing cases against candidates who violate not only election laws but also environmental and criminal laws.
Because of this, I will be surprised if Cebu City Mayor Tomas Osmeña won’t raise hell against the IBP like what he did when the lawyers’ group threatened to sue the city for its failure to comply with the waste management law.
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I don’t think Osmeña will refuse to accept the challenge of the opposition to a debate. Knowing his character, it would be unusual if he cowers because of the dare.
In the unlikely event, however, that the mayor will decline, the only cogent reason to it is that he is afraid of facing his woman challenger, Mary Ann de los Santos, in a debate.
Or, perhaps Mayor Tomas just does not want to expose the city’s true financial state. The city’s coffers are in dire straits because of its huge payables involving South Road Properties loan from Japan.
This will, perhaps, be the first time then that Mayor Tomas would rather hide behind a chef’s apron than face his challenger on stage or inside a TV studio.