COMELEC OKs CELEBRITY ENDORSEMENTS
MANILA, FEBRUARY 17, 2010 (STAR) By Mayen Jaymalin - The Commission on Elections (Comelec) ruled yesterday that media and entertainment personalities may endorse election candidates without resigning or taking a leave of absence from their current employment.“The (commissioners) discussed the issue and have reached a consensus that the celebrity endorsers are not required by law to resign or take a leave of absence,” Comelec Commissioner Gregorio Larrazabal said in a press conference.
Larrazabal said, however, that the home network of the personalities has the option to require its talents to take a leave of absence or resign from work. Talents also have the option to voluntarily resign or take a break from their commitments to their home network.
“As provided under the law, the decision to resign or take a leave of absence is left to the network or employer and the individual concern,” Larrazabal said.
Larrazabal, however, warned personalities against “obvious” promotion of candidates.
“We are also warning them not to use their airtime or space in print media to promote a political party or candidate,” he said.
He said political parties and supporters of candidates, as well as the public, can monitor their activities and are entitled to file a complaint before the Comelec.
“We can see their activities and determine if a celebrity is violating the election law so they should be discreet, because using their airtime to promote a candidate is considered an election offense,” Larrazabal said.
Larrazabal said the Comelec is not issuing a resolution or a set of guidelines on celebrity endorsement, but would send a reply to parties seeking a reversal of the legal department’s previous pronouncement.
Network blessing
Television giant GMA-7 has decided not to force its talents who are endorsing election candidates to take a leave of absence from their programs - for now.
The network’s earlier decision to ask its talents to go on leave drew varied reactions from politicians, most of them saying the directive is unfair to artists who are earning extra income and to those who are endorsing candidates for free.
In a statement issued yesterday, the television giant said it agrees with the interpretation of the Fair Elections Act by citizen’s arm Parish Pastoral Council for Responsible Voting (PPCRV) and the Commission on Elections (Comelec) Legal Department.
Section 6.6 of the law states: “Any mass media columnist, commentator, announcer, reporter, on-air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employer, or shall take a leave of absence from his/her work as such during the campaign period.”
Because the Comelec is not yet implementing Section 6.6 of the law, GMA-7 said it “will not at this time require its on-cam talents who campaign for or endorse candidates to take a leave of absence from their programs.”
GMA-7 said the decision was made “in fairness to the Network’s talents and in order not to put them and the candidates they may be endorsing at a disadvantage.” - With Michael Punongbayan
Comelec junks disqualification case vs Revilla By Sheila Crisostomo (The Philippine Star) Updated February 17, 2010 12:00 AM
MANILA, Philippines - The Second Division of the Commission on Elections (Comelec) junked yesterday the disqualification case against Lakas-Kampi-CMD senatorial bet Ramon “Bong” Revilla Jr. for “utter lack of merit.”
In a resolution, Second Division Commissioners Nicodemo Ferrer, Lucenito Tagle and Elias Yusoph said they could not cancel Revilla’s certificate of candidacy (COC) as petitioned by Mary Emily Verr Peji.
“She claims that respondent Bong Revilla committed material misrepresentation in his COC by stating his surname is Bong Bautista, instead of Revilla, with the intent of putting his name on top of the list of senatorial candidates,” they noted.
In defense, Revilla claimed the petition was filed “with the sole purpose of creating confusion and to sabotage his political campaign.”
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Comelec junks another disqualification case vs GMA By Sheila Crisostomo (The Philippine Star) Updated January 29, 2010 12:00 AM
MANILA, Philippines - The Second Division of the Commission on Elections (Comelec) junked yesterday for lack of merit another disqualification case filed against President Arroyo, who is running for a seat in the House of Representatives.
Comelec’s Second Division composed of Commissioners Nicodemo Ferrer, Lucenito Tagle and Elias Yusoph issued a resolution that said the arguments of petitioner Akbayan Rep. Risa Hontiveros that Mrs. Arroyo was not eligible to run for congresswoman of the Second District of Pampanga had no basis.
Hontiveros claimed that under the Constitution, the president is not allowed to run for any position in the government and that her candidacy in Pampanga violates the equal protection clause of the Charter.
But the commissioners ruled that Mrs. Arroyo could run for any position except president.
“If it is the intention of the Constitutional Commission to ban the president from running for any future elective position, it could have so worded the pertinent constitutional provision in an unequivocal manner,” they added.
They maintained that the Constitution could have stated that the president shall not be eligible for any re-election to the same position and for election to any other elective position.
“Unfortunately, however, the said applicable constitutional provision was not so worded. The constitutional prohibition cited by the petitioner is so clearly and unequivocally worded that we do not see any call for us to resort to interpretation or statutory construction,” the six-page resolution stated.
On the equal protection clause, the Comelec ruled that Hontiveros “cited no particular law or jurisprudence that would prohibit herein respondent from running for another position in the government.”
Hontiveros said that with the decision, the Comelec had failed to fulfill its constitutional duty to make elections fair to all.
“How can the contest be fair if one of the candidates has command over all resources and the entire machinery of the government,” she added.
Hontiveros is no longer planning to file a motion for reconsideration with the Comelec. Instead, she will file an appeal with the Supreme Court “since the issue is of transcendental importance.”
Mrs. Arroyo’s lawyer Romulo Macalintal said they were really expecting a favorable ruling from the Comelec.
Macalintal said there is no provision in the Constitution and in any existing election law that prohibits his client from seeking a congressional seat in Pampanga.
“Why don’t they complain against senators who are running for president? They also have an office that can be used in campaigning,” he added.
Hontiveros’ petition is the second disqualification case junked by the Second Division. The first was filed by disqualified presidential bet Elly Pamatong.
The third and last disqualification case against Arroyo was filed by Andy Rosales and it is pending before the First Division.
Malacańang was happy over the dismissal of the disqualification case against the President but expected more onslaughts from her critics as the campaign season sets in.
“Of course we are happy at the decision of the Comelec to dismiss this petition,” deputy presidential spokesman Gary Olivar told reporters. “We agree with the decision of the Comelec and we will look forward to a spirited race in the Second District of Pampanga between the President and whoever the other candidates may be.”
He said the decision removed the last legal hindrance to Mrs. Arroyo’s bid for a seat in the House.
Olivar said he hopes the decision would put the matter to rest but Mrs. Arroyo’s critics are not likely going to stop hitting her.
“We hope for the best but we are prepared for business as usual,” Olivar said. – With Paolo Romero
Chief News Editor: Sol Jose Vanzi
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