SCROLLING down: Comelec province chief Castillano says that "Yes" answer is required only if the ruling is "final and executory." But Comelec as arbiter in election disqualification cases still has to rule officially on separate DQ petitions filed by lawyer Edgar Gica and Vice Governor Agnes Magpale... Comelec makes it clear: prohibitions and limitations on campaign propaganda apply only when the campaign period begins...
FIRST, Castillano says Mayor Vic Loot, whom President Duterte publicly shamed as a drug coddler and trafficker, has not filed a COC for any elective office.
And yes, JVR aka Johnny de los Reyes filed his COC for Talisay City mayor, a post he won in 2013 but lost in 2016... And people are talking about:
*** That video going viral on the internet, about a car that, with escort vehicles, went against the flow of traffic in Cebu City and struck a motorcycle and its driver, then left the scene without anyone in the caravan stopping to tend to the victim;
*** That scavenger who wanted to swim from Cebu City to Bohol, wanting to visit his parents' grave and not having the money for boat fare. He was stopped by a Bantay Dagat crew and saved from a watery grave for himself. There must be some politician out there who can pay for his modest travel expenses.
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What Comelec requires
Did Representative Gwen Garcia, in answering Question #22 in the COC (certificate of candidacy) she filed in her bid to run for Cebu governor in 2019 make "false material representation" when she filled in the word "No"?
Comelec Provincial Election Officer Lionel Marco Castillano believes she did not. That, even though there was partial omission because she was found liable by the ombudsman for grave misconduct in the Balili backfilling project, which carries the penalty of perpetual disqualification.
Q#22 requires "final and executory" finding and Gwen's case is pending appeal before the Court of Appeals. To the Comelec, it was executory but not yet final.
At least, that's the Comelec view. As its province election chief "Casti" says, "In effect that's how the poll body stands." Or more accurately, that's the opinion of its high election official in Cebu province. Comelec Manila still has to rule on the separate petitions of lawyer Edgar Gica and candidate for governor Agnes Magpale. The Comelec ruling will be its official position, but even that will still be subject to review if appealed to the Supreme Court.
This early though one can see that Comelec is using the "final and executory" rule for purposes of compliance with Q#22 in a candidate's COC.
No campaigning limit or ban
The Fair Election Act will not apply during this period between the filing of COCs and the date the campaign begins. Meaning, Provincial Election Officer Castillano says, there is no limit or prohibition now until:
* February 12, 2019 to May 11, 2019, campaign period for senators and party-list representatives; or
* March 20, 2019 to May 11, 2019, campaign period for House members and regional, provincial, city and municipal officials.
Candidates can do all the acts prohibited and limited. Because the campaign has not yet started and candidates are not yet campaigning? It has and they already are. But it's not yet the official campaign period; so there's no violation yet. The absurd logic is that rules of fairness don't apply yet because theoretically the competition still has to start when, in practice and as a fact, it has long begun.
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