Comelec to BSKE bets: Posting materials, shaking hands before Oct. 19 considered premature campaigning

Commission on Elections (Comelec) chairperson George Garcia on Wednesday warned all who will run in the 2023 Barangay and Sangguniang Kabataan Elections (BSKE) against premature campaigning.

During the Kapihan sa Manila Bay forum, Garcia said those who will file their certificates of candidacy (COC) from August 28 to September 2 will already be considered as candidates.

“Kaya po ‘pag file ng candidacy, lahat ng posters na meron kayo na naglipana sa lahat ng kalsada, kalye, kanto, dapat tanggalin. Kung hindi, kakasuhan namin kayo, at the same time, tatanggalin namin yan [at] pwede rin kayo ma-disqualify,” he warned.

[Once you filed your candidacy, all your posters plastered around should be removed. If not, we will file a case against you and at the same time, we will remove them and you may even be disqualified.] 

“Dahil kandidato na kayo, applicable pa ang Section 80 ng Omnibus Election Code, ‘yung tinatawag na premature campaigning,” he added.

[And since you are now a candidate, Section 80 of the Omnibus Election Code is applicable to you ... which is premature campaigning.]

The campaign period for the 2023 BSKE will run from October 19 until October 28.

Garcia, a former election lawyer, explained that the jurisprudence in the case of Peñera vs. Comelec—which held that a person who files a certificate of candidacy is not a candidate until the start of the campaign period—cannot be applied on manual elections like the 2023 BSKE as the law interpreted by the Supreme Court pertained to automated elections.

“Gusto ko po i-clarify sa lahat ng kandidato na pag nag-file po kayo ng candidacy niyo sa August 28 hanggang September 2, kayo po ay considered na’ng kandidato agad. Hindi po namin ia-apply ang Peñera versus Comelec,” Garcia said.

[Let me just clarify that all those who would file their certificates of candidacy from August 28 to September 2, you will be considered candidates already. The Peñera versus Comelec (case) won’t apply to you.]

He stressed that the Comelec will be “inutile” in combating premature campaigning if they apply the SC decision on manual elections.

“Pagka po nagkaganoon ang interpretasyon namin, magiging inutil po ang Comelec. Ang campaign period sa October 19 pa e. Ibig sabihin mula sa filing hanggang October 18 pwede sila mag-ikot, [makipag-kamay], mamigay ng mga posters, walang magagawa ang Comelec?” he emphasized.

[If that would be applied, the Comelec will become inutile. The campaign period starts on October 19 yet. Does it mean that from the start of the filing period until October 18, they can go around, shake hands, give away posters and the Comelec cannot do anything?]

Section 80 of the Omnibus Election Code states that “it shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period.” — RSJ, GMA Integrated News