Punto de Vista: Paghayag ng mga gustong kumandidato para sa midterm elections, nagsimula na

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Transcript

00:00Candidates for the mid-term elections have already started to be announced.

00:05And in each declaration, I'm sure that the campaigners will start running for their positions.

00:12But it can't be avoided that in this occasion, there will be premature campaigning.

00:18But what is premature campaigning?

00:20That's what Professor Antonio Contreras from Punto de Vista will tell us.

00:26Professor.

00:31Thank you very much and good morning.

00:35I'm sure that our viewers are noticing that there are a lot of campaigns for Fernalias.

00:43Of course, I'm not yet saying what we will vote for them.

00:47But sometimes, it's already settled that they will run for governor or senator in the elections in 2025.

00:57A lot of people are asking, isn't this a violation of the law?

01:01Isn't this premature campaigning?

01:04You know, in the Omnibus Election Code, Section 80 of it, the Pambansa Act 881 clearly prohibits premature campaigning.

01:13This is the campaigning of a candidate or supporters who have not yet started the campaign period.

01:21That is the old law and this is punishable by disqualification.

01:25But in 2007, the Republic Act 9639, or the Automated Election System, was passed.

01:33In that, the D1 was prepared for the candidate.

01:39Because in the past, if you filed a Certificate of Candidacy, you are already a candidate.

01:46Now, the candidate becomes a candidate only officially when the campaign period has already started.

01:56I repeat, they only become a candidate when the campaign period has already started.

02:02In 2009, there was a celebrated case in the Supreme Court, Penera v. Comelec,

02:09where the Supreme Court accused the police of not punishing premature campaigning.

02:19Because if we look at it, there are no more candidates before the campaign starts.

02:25Even if you already filed a Certificate of Candidacy, you will still be a candidate only officially when the campaign has already started.

02:32In other words, even if you are campaigning, before the campaign period, you are still not a candidate even if you already filed a Certificate of Candidacy.

02:40That is the law.

02:42And what Penera said, what Justice Carpio wrote,

02:48the Supreme Court should not be the one to change the law if we have a complaint here.

02:54The legislature should be the one to change the law.

02:58The RA 9639 should be the one to change the law.

03:00Because what is the other side of the law that prohibits premature campaigning?

03:07Premature campaigning will only apply to an official candidate,

03:11and the official candidate will only start when the campaign period begins.

03:16So there is no one to campaign prematurely because they are just starting to become candidates.

03:23They are just candidates when the campaign has already started.

03:26There is a problem, right?

03:28So, I repeat, the campaign posters you see are not illegal.

03:34Even if those are there, if it was before the law, it is prohibited.

03:40But now, it is no longer prohibited.

03:43The early campaigning is no longer punishable by the law.

03:47Because, as I said, even if they filed for COC, they are not yet official candidates.

03:53That is the truthfulness of our system in this country.

03:59Thank you very much.

04:01That is all for today.

04:03Go back to your studio.

04:05Good morning.

04:07Thank you very much, Professor Antonio Contreras.

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