No such thing as early campaigning

Expunge the word "electioneering" and the phrase "premature campaigning" from the list of illegal and therefore punishable acts.

Because of a Supreme Court ruling in November 2009, the Commission on Elections (Comelec) cannot do anything about candidates who campaign before the start of the official campaign period next year.

Premature campaigning is no longer considered an election offense as a result of the SC’s decision on the Comelec vs. Penera case. The SC ruling superceded election laws which used to consider electioneering outside of the campaign period as an election offense.

Based on the SC ruling, candidates can only engage in prohibited campaign acts during the campaign period.

Before that, as in now, they are free to do anything—hold mass meetings of supporters, post tarpaulins announcing various activities they sponsor, and similar activities.

The SC ruling upheld the provisions in Republic Act 9369 – the Poll Automation Law – that “any person who files his certificate of candidacy (COC) shall only be considered as a candidate at the start of the campaign period” and that “unlawful acts applicable to a candidate shall be in effect only upon start of the campaign period.”

Our worry is that the SC ruling tends to favor candidates who have the resources to mount a campaign long before the allowed campaign period.

In other words, it will serve to perpetuate elite democracy in this country as only the very affluent can afford to run for public office, leaving those candidates with limited resources biting the dust.

What does the Constitution say on this matter? It says that the State shall guarantee equal access to opportunities for public service. But the SC ruling that henceforth there is no such thing as premature campaigning—and that candidates can flood the airwaves with ill-disguised self-promotion as much as they like—could run against the letter and spirit of the fundamental law.