Comelec rules ‘good on paper’ but hardly enforced: election lawyer

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Comelec rules ‘good on paper’ but hardly enforced: election lawyer

ABS-CBN News

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Updated Jan 19, 2022 02:25 PM PHT

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MANILA—Rules set by the Commission of Elections for political aspirants "look good on paper" but are hardly enforced, an election expert said.

Alberto Agra, an election lawyer and professor at Ateneo de Manila University, said dealing with offenses, such as putting up poll-related posters or materials in public places, has been difficult since manpower is limited.

He noted that a new Comelec set of guidelines, under its Resolution No. 10732, prohibits handshakes and selfies during in-person rallies, but aspirants continue to do so in public events they organize still weeks away from the official campaign period of Halalan 2022.

"Paano mo ire-regulate 'yun? So mahirap," Agra told ABS-CBN's TeleRadyo on Monday.

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He said Comelec rules were not yet applicable to aspirants since the official campaign period is from February 8 to May 7, 2022, and that they have not yet been confirmed officially as candidates of positions they're running for.

He said guidelines and penalties imposed by the country's inter-agency task force (IATF) on COVID-19 and local government units can be used against violating aspirants.

"'Yung mga rules on caravan, rules on social media di pa applicable. Ang mga applicable ngayon 'yung mga IATF regulation. Tsaka mga regulasyon ng mga local government unit," Agra said.

On November 17, the Comelec en banc passed Resolution 10730, which sets the implementing rules and regulations of Republic Act No. 9006 or Fair Elections Act.

The IRR laid out rules on election propaganda via internet, mobile platforms, and social media for the 2022 elections and beyond.

In a series of tweets, election lawyer Emil Marañon called the rule "unconstitutional."

"I still think that this is unconstitutional . . . I just hope Comelec wakes up from this madness and reconsider this very arbitrary policy," he said.

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