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'Napakalaking loophole': Why politicians get away with premature campaigning

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Rose Carmelle Lacuata, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/2021/news/02/10/20200901-comelec-voters-registration-jc-5197.jpg"/><figcaption>Manila residents visit the Commission on Election (COMELEC) office in Arroceros, Manila on September 1, 2020 to register for the 2022 elections. <em>Jonathan Cellona, ABS-CBN News/file</em></figcaption></figure></div><p>MANILA - Premature campaigning is usually frowned upon by Filipinos, but the Commission on Elections said many politicians are able to skirt around the law.</p><p>According to Comelec spokesperson James Jimenez, the country&#x27;s poll automation law has created a huge loophole that blurred the definition of premature campaigning.</p><p>Under Section 13 of <a href="https://comelec.gov.ph/index.html?r=References/RelatedLaws/ElectionLaws/AutomatedElection/RA9369" target="_blank">Republic Act 9369</a>, a person is only considered an official candidate at the start of the campaign period: &quot;Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy.&quot;</p><p>Prior to the passing of the automation law, any form of campaigning done before official start of the campaign period is considered premature campaigning, since a person is considered an official candidate once he or she files a certificate of candidacy. </p><p>&quot;But under the new law, you only become a candidate when the campaign period starts...Kahit nagcampaign ka nang maaga, hindi ka na puwedeng sitahin (Even if you campaign early, you wouldn&#x27;t be penalized),&quot; Jimenez said during a <a href="https://www.facebook.com/jjimenez1010/videos/10160698175979148" target="_blank">Facebook</a> livestream.</p><p>&quot;Ang problema kasi, ginawa ng batas. Sinabi ng batas na kahit mag-file ka ng CoC, hindi ka ituturing na candidate hanggang hindi pa nagsisimula ang campaign period,&quot; he added.</p><p>(The law made the problem. The law said that even if you file a CoC, you are not yet considered a candidate until the campaign period starts.)</p><p>For Jimenez, the only solution is another law that will declare a person an official candidate as soon as he or she files a certificate of candidacy.</p><p>&quot;Ang solusyon sa malaking malaking loophole na na-create ng Automation Law is to make it very clear that if a person has filed a Certificate of Candidacy, right then and there, considered na siya na official candidate. &#x27;Pag considered na siya na official candidate, lahat ng ipinagbabawal sa kandidato, puwede nang ipagbawal sa taong &#x27;yun. Ibig sabihin, puwede na siyang kasuhan ng premature campaigning,&quot; he said.</p><p>(The solution to this very big loophole that the Automation Law created is to make it very clear that if a person has filed a Certificate of Candidacy, that person is considered an official candidate right then and there. Once you are considered a candidate, everything that is prohibited for a candidate applies to that person. This means that person can be penalized for premature campaigning.)</p><p>&quot;&#x27;Yan ang tinatawag nating loophole ng premature campaigning. Napakalaking loophole. Sobrang laking loophole, na puwede kang magdaan ng kabayo sa loob ng loophole na &#x27;yun,&quot; Jimenez added.</p><p>(That is what we call the premature campaigning loophole. That is a huge loophole. It&#x27;s so big a horse can pass through that loophole.)</p><p>Back in 2019, Jimenez advised voters not to vote for politicians who are campaigning way ahead of the campaign period.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/02/05/19/show-dismay-over-early-campaigners-on-election-day-voters-told">Show dismay over early campaigners on election day, voters told</a></li></ul><p>Comelec usually accept certificates of candidacy around October, while the official campaign period starts around February for national candidates, and around March for local candidates.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/02/05/19/nothing-illegal-with-premature-campaigning-comelec-reiterates">Nothing illegal with premature campaigning, Comelec reiterates</a></li></ul><div><strong>RELATED VIDEO</strong></div><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/bBElCTRN3xM?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div>

<p>Premature campaigning is usually frowned upon by Filipinos, but the Commission on Elections said many politicians are able to skirt around the law.<br /> </p>

Premature campaigning is usually frowned upon by Filipinos, but the Commission on Elections said many politicians are able to skirt around the law.

'Napakalaking loophole': Why politicians get away with premature campaigning

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'Napakalaking loophole': Why politicians get away with premature campaigning

Rose Carmelle Lacuata,

ABS-CBN News

Published February 11, 2021 05:34 AM PHT

|

Updated February 11, 2021 05:35 AM PHT

Read More:

Comelec

Commission on Elections

James Jimenez

premature campaigning

campaign perion

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