Senate committee proposes criminal charges on premature campaigning

By Camille A. Aguinaldo
Report

THE SENATE committee on elections and people's participation, chaired by Senator Aquilino L. Pimentel III, has recommended the "criminalization" of premature campaigning of candidates.

The committee report of Senate Bill No. 2064, filed on Oct. 18, seeks to restore the provision of the Omnibus Election Code, which stipulates premature election campaigning.

The Commission on Elections (Comelec) has previously pointed out that under the present system with the Republic Act (RA) No. 9369 or the Automated Elections System law, is not considered illegal. The Supreme Court has also ruled out the legality of premature campaigning.

Based on the law, a person seeking an elective position is considered a candidate only during the period. As such, candidates are technically allowed to engage in "premature campaigning."

The proposed bill, meanwhile, redefines the term candidate.

"A person shall be considered a candidate within the period provided by the Commission on Elections," the report said.

Any form of political activity by a candidate after his filing of COC or before is considered "premature campaigning" and therefore unlawful.

The law provides for disqualification from holding public office and section 80 and 264 of the Omnibus Election Code of the Philippines.

"The barrage of political" Senator Richard J. Gordon, one of the authors of the Senate of the United States of America. the bill, said in a statement.

Mr. Pimentel will sponsor the approval of the bill when Congress resumes session in November.

Senators Pimentel, Francis N. Pangilinan, Gordon, S. Poe-Llamanzares, Loren B. Legarda, Emmanuel D. Pacquiao, Francis G. Escudero, Nancy S. Binay-Angeles, Sherwin T. Gatchalian, Risa N. Hontiveros, Senate Majority Leader Juan Miguel F. Zubiri, and Minority Leader Franklin M. Drilon.