COMELEC'S WARNING VS PREMATURE CAMPAIGNING PREMATURE, SAYS LAWYER
MANILA, NOVEMBER 21, 2009 (STAR) By Edu Punay - The warning of the Commission on Elections (Comelec) against premature campaigning is itself premature, an election lawyer said yesterday.Romulo Macalintal said there is no legal basis for a pronouncement by Comelec Commissioner Rene Sarmiento that candidates are already covered by the election rule on premature campaigning under the Omnibus Election Code after filing their certificates of candidacy.
“With due respect, I think Comelec as of this date has no legal basis to warn candidates who filed COCs for the 2010 polls against premature campaigning because it has not yet issued any resolution or guidelines to implement Section 80 of the Omnibus Election Code on premature campaigning as ruled by the Supreme Court,” Macalintal said in a statement.
“No rules and regulations have yet been issued by Comelec defining premature campaigning in an automated election, hence, there’s nothing to comply with or for Comelec to implement,” he added.
Macalintal said the Comelec still has to await a final decision of the Supreme Court on the case of disqualified Mayor Rosalinda Penera of Sta. Monica town in Surigao del Norte, which he said would spell out rules on premature campaigning under the new automated elections.
“There is a motion for reconsideration on this (Penera) case which is still pending before the SC, hence, such decision is not yet final and executory, thus making premature Comelec’s warning on the basis of the said decision,” he explained.
He cited the Nov. 16, 2006 ruling of the SC in Lanot vs. Comelec, which states “the only purpose for the early filing of COC is to give ample time to the Comelec for the printing of official ballots.”
“Persons who filed COCs till Dec. 1 are not yet considered candidates but will only be treated as such upon start of the campaign period in February or March 2010,” he said.
Earlier, Sarmiento advised candidates and their supporters to remove their tarpaulins or streamers in public places “the moment they file their COCs.”
The campaign period for the national polls is from Feb. 9 to May 8, and from March 26 to May 8 for local elections.
The SC is set to discuss next week the appeal of Mayor Penera on an SC decision to uphold her disqualification in the May 2007 poll for premature campaigning.
Chief News Editor: Sol Jose Vanzi
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