AN ELECTION lawyer has issued a stern warning to candidates in the upcoming Barangay and Sangguniang Kabataan Elections (BSKE) to adhere to the set campaign period.
This advisory followed the recently concluded six-day filing period for certificates of candidacy (COC), which ended on Sept. 2, 2023.
Ferdinand Gujilde, election lawyer for the Commission on Elections (Comelec) 7, warned candidates against premature campaigning and said violators will face criminal charges.
“They can be disqualified, and they can be charged with an election offense for premature campaigning. That election offense is indeed considered a criminal offense,” he told SunStar Cebu on Monday, Sept. 4.
Premature campaigning refers to a variety of activities intended to secure electoral support before the official campaign period commences. It encompasses actions such as early rallies, the distribution of campaign materials, and other efforts to gain an advantage ahead of schedule.
In contrast to the situation in the May 2022 elections, Gujilde emphasized that the Comelec has adopted a new policy for the BSKE. He said that anyone who filed a COC would be regarded as an official candidate right away.
This measure aims to deter premature campaigning, which was a prevalent issue in previous elections.
Gujilde said that in accordance with Comelec regulations, all campaign materials, regardless of whether they contain the explicit “vote for” language or not, must be taken down. He further noted that campaigning can take both direct and indirect forms.
Gujilde said this prohibition extends to widely used social media platforms like Facebook, Instagram, TikTok and X, formerly known as Twitter.
He said authorities will pursue individuals who share campaign-related content on these platforms before the official campaign period, even though it is not directly mentioned in the law.
The election lawyer said engaging in premature campaigning can lead to serious consequences, including disqualification from the race and possible legal penalties as prescribed in the Philippine Omnibus Election Code.
According to the Comelec, Section 80 of the law states that it is illegal for any individual, whether a voter, candidate, or any party or group, to engage in election campaigning or partisan political activities outside of the campaign period.
The election office has also made it clear that premature campaigning will be treated as an election offense and that candidates who disregard this rule may face violations of the election code.
Gujilde said proven violators will face one to six years behind bars, and shall not be subject to probation.
Campaign period
The Comelec, through a series of advisories, has underscored the importance of candidates refraining from premature campaigning and adhering to the official campaign period. This directive is aimed at ensuring a level playing field and preserving the integrity of the electoral process.
According to the schedule provided by the election office, the campaign period will start on Oct. 19 and run through Oct. 28, while the gun ban period began last Aug. 28 and will last until Nov. 29.
The Comelec has advised candidates to be cautious and avoid actions that could put their candidacies at risk as election day approaches.
The BSKE was supposed to be held in May 2020 yet, but faced repeated delays due to the Covid-19 pandemic and logistics, extending the terms of winning officials in 2018 beyond June 30, 2020.
Initially rescheduled for December 2022 through Republic Act (RA) 11462, the election was moved again to Oct. 30, 2023 by virtue of RA 11935 signed by President Ferdinand Marcos Jr.
Last June, however, the Supreme Court ruled RA 11935 unconstitutional.
Despite this, it ordered the October 2023 election to continue, but ruled that the succeeding BSKE be held on the first Monday of December 2025 and every three years thereafter, pursuant to RA 11462.