Premature Campaigning | Campaign | ELECTION LAW

Election Law: Premature Campaigning (Political Law and Public International Law)

Legal Framework on Premature Campaigning

Premature campaigning refers to any activity or act by a political candidate aimed at promoting his or her candidacy prior to the official campaign period as prescribed by law. It is prohibited under the Philippine election law to ensure fair play, prevent undue advantage for well-resourced candidates, and preserve the integrity of the electoral process. This prohibition is provided under various laws, including the 1987 Philippine Constitution, the Omnibus Election Code (Batas Pambansa Blg. 881), and relevant Commission on Elections (COMELEC) issuances and Supreme Court jurisprudence.

1. Constitutional and Legal Provisions

• 1987 Philippine Constitution

  • Section 26, Article II of the Constitution promotes equal access to opportunities for public service and prohibits political dynasties and undue advantages in elections. This constitutional provision aligns with the prohibition on premature campaigning to ensure fair competition among candidates.

• Omnibus Election Code (Batas Pambansa Blg. 881)

  • Section 80 of the Omnibus Election Code specifically defines and prohibits premature campaigning. It states that any person who, whether or not a candidate, performs acts that promote or campaign for a candidate outside of the prescribed campaign period is guilty of premature campaigning.

  • Section 68 provides the penalty for premature campaigning, which may include disqualification of the offending candidate if found guilty.

• Republic Act No. 9369 (Amendment of the Automated Election Law): This is crucial in modern election law, especially after the Supreme Court's landmark decision in Penera v. COMELEC (G.R. No. 181613, November 25, 2009).

2. Definition of Campaigning and the Campaign Period

• Campaign Period: The COMELEC sets the official campaign periods for national and local elections. The campaign period for national candidates (i.e., President, Vice President, Senators) and party-list groups usually starts 90 days before the election. For local candidates (i.e., provincial, city, and municipal), the campaign period begins 45 days before the election.

• Campaigning Acts: Under Section 79 of the Omnibus Election Code, the term "election campaign" or "partisan political activity" includes the following acts:

  • Forming organizations, clubs, committees, or other groups to solicit votes or campaign for or against a candidate.
  • Holding political caucuses, conferences, meetings, rallies, or other similar assemblies to campaign for or against a candidate.
  • Making speeches, announcements, or commentaries for or against a candidate for public office.
  • Publishing or distributing campaign literature, materials, or advertisements to support a candidate.
  • Direct or indirect solicitation of votes or undertaking any activity designed to promote a candidate’s candidacy for public office.

3. Landmark Jurisprudence: Penera v. COMELEC (2009)

The most significant ruling on premature campaigning is Penera v. COMELEC (G.R. No. 181613), which dramatically changed the interpretation of what constitutes premature campaigning. In this case, the Supreme Court redefined the concept of premature campaigning in the context of automated elections.

• Background: The petitioner, Penera, was disqualified for premature campaigning when she participated in a motorcade before the official campaign period.

• Ruling: The Supreme Court initially ruled in favor of disqualification based on Section 80 of the Omnibus Election Code, prohibiting campaigning before the campaign period. However, upon reconsideration, the Court, citing Republic Act No. 9369, ruled that a person can only be considered a “candidate” at the start of the campaign period. Since Penera had filed her certificate of candidacy (COC) before the start of the campaign period, she was not yet a candidate during the alleged premature campaigning act.

• Impact: The Penera ruling effectively held that under the Automated Election System Law (RA 9369), a person who files a certificate of candidacy is not yet considered a candidate before the official start of the campaign period. As such, any campaigning done before this period cannot be considered premature, meaning acts of campaigning before the campaign period are not considered illegal under this ruling. The decision allowed candidates to campaign without legal repercussion even before the official start of the campaign period.

4. Republic Act No. 9369 (Automated Election Law)

• Section 13 of RA 9369 states that a person shall only be considered a candidate at the start of the campaign period. This provision is critical in understanding premature campaigning in the context of automated elections, as it limits the applicability of premature campaigning rules.

5. COMELEC Rules and Regulations

Despite the ruling in Penera v. COMELEC, the Commission on Elections (COMELEC) continues to monitor and regulate election activities. COMELEC has issued numerous guidelines, such as COMELEC Resolution No. 9991 and succeeding resolutions, to regulate election activities, including premature campaigning, within the bounds of existing laws and jurisprudence.

• Social Media and Premature Campaigning: As elections evolve in the digital age, the issue of premature campaigning has extended to social media platforms. The COMELEC has sought to regulate political advertisements, endorsements, and electioneering activities on digital platforms through its various resolutions, particularly in the context of the COVID-19 pandemic, where online campaigning has become more prevalent.

6. Penalties for Premature Campaigning

Premature campaigning under the Omnibus Election Code remains an election offense punishable by:

• Disqualification: Under Section 68 of the Omnibus Election Code, candidates found guilty of premature campaigning may be disqualified from holding public office.
• Election Offense: Under Section 262 of the Omnibus Election Code, premature campaigning is considered an election offense, and violators may be subjected to imprisonment for one to six years, disqualification from holding public office, and deprivation of the right to vote.

7. Key Issues and Ongoing Debates

• Loophole in the Law: The Penera ruling has raised concerns about a legal loophole that allows candidates to campaign before the campaign period without legal consequences. While the intent of the law is to prevent premature campaigning, the ruling has provided an avenue for potential circumvention of the law.

• Need for Legislative Amendments: The ruling in Penera has led to calls for legislative reforms to explicitly address the issue of premature campaigning in the era of automated elections. There is a need to clarify the status of candidates and the regulation of campaign activities prior to the official campaign period.

• Digital Campaigns: With the increasing role of social media in election campaigns, COMELEC faces new challenges in enforcing premature campaigning rules, particularly as candidates use social media platforms to advertise and promote their candidacies well before the official campaign period.

Conclusion

Premature campaigning remains a critical issue in Philippine election law, balancing the principles of fair elections with freedom of speech and the realities of modern campaigning practices. While the Omnibus Election Code clearly prohibits campaigning outside of the prescribed period, the ruling in Penera v. COMELEC has shifted the interpretation of the law in the context of automated elections, allowing potential loopholes for early campaign activities. As election practices evolve, particularly with the rise of digital campaigning, legislative amendments and updated COMELEC regulations may be necessary to ensure that the integrity of the electoral process is preserved.