• 2 months ago
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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