Comelec chairperson George Erwin Garcia (File photo)
MANILA – The Commission on Elections (Comelec) on Friday said aspirants who have filed their Certificates of Candidacy (COCs) for the Barangay and Sangguniang Kabataan Elections (BSKE) would already be considered candidates for the polls.
This, as the poll body would enforce a ban on premature campaigning for the Oct. 30 polls.
Comelec chairperson George Garcia said they came up with this decision after a careful study of a Supreme Court ruling on the issue.
“Notwithstanding the 2009 Supreme Court (SC) landmark decision on the Peñera vs Comelec case, a.k.a. Peñera Doctrine, voiding the prohibition on premature campaigning, the Commission on Elections (Comelec) En Banc has agreed that for the Barangay and Sangguniang Kabataan Elections (BSKE), a person will immediately be considered as a candidate once he or she has filed his or her Certificate of Candidacy (COC),” he said in a statement.
Garcia said they arrived at the conclusion that the SC decision "may well be applicable for the conduct of automated elections alone".
"This, therefore, excludes the upcoming BSKE in October of this year, which will be implemented via manual voting process,” he added.
He noted that they believe the decision does not cover the next polls since it will be conducted manually.
"If you study the Peñera vs Comelec, it looks like it’s only applicable to automated elections. That’s we, the members of the En Banc have agreed for the Barangay and SK elections on October 30, 2023, if one filed his/her candidacy, based on the guidelines and instructions we are crafting for SK or barangay, you will be deemed considered candidates," Garcia said.
The filing term of the COC depends on the Comelec decision, which is usually scheduled weeks or months apart from the start of the campaign period.
As for the BSKE, the law states that candidates are only allowed to campaign for a duration of 10 days.
Any electioneering activity prior to the permitted timetable is considered premature campaigning. Election materials displayed ahead of the campaign period will be removed and cases are to be filed against those who would be caught committing the said election offense.
He noted that they are ready to take the risk and are inclined to participate in a legal battle would anyone file a petition before the SC to question its decision. (PNA)
