Comelec in a quandary over Ara Mina's petition
abs-cbnNEWS.com | 11/04/2009 1:22 PM
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MANILA - The Commission on Elections (Comelec) legal chief admitted Wednesday they are in a quandary with respect to the petition filed by actress Ara Mina asking the poll body to allow her to appear on television even after she files her certificate of candidacy (COC) later this month.
Ferdinand Rafanan, Comelec legal chief, cited conflicting provisions in the new election automation law, Republic Act 9369, and the Omnibus Election Code, which must be clarified in relation to the actress' petition.
In RA 9369, Section 13 says: “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.”
The provision adds: “That, unlawful acts or omissions applicable to a candidate shall effect only upon that start of the aforesaid campaign period; Provided, finally, That any person holding a public appointive office or position, including active members of the armed forces, and officers, and employees in government-owned or-controlled corporations, shall be considered ipso facto resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certification of candidacy.”
The provision does not specifically include performing artists or TV personalities.
Rafanan said that what’s clear in the new automation law is that television personalities, including actors and actresses, who have political endorsements are allowed to appear on TV and in shows as long as they will not publicly campaign for their candidates.
Premature campaigning
However, the poll body thought of banning TV personalities from appearing in movies or TV shows to prevent them from having unfair advantage over non-showbiz politicians.
This was after the Supreme Court, by a vote of 8-7, found Mayor Rosalinda Penera of Sta. Monica, Surigao del Sur, guilty of premature campaigning when her supporters held a motorcade and distributed candies on her way to filing her certificate of candidacy in the 2007 elections.
The tribunal said the act violated Section 80 of the Omnibus Election Code which states: “It shall be unlawful for any person whether or not a voter or candidate, or any party or association of persons, to engage in an election campaign or partisan political activity, except during the campaign period.”
Penera was charged with premature campaigning by losing rival Edgar Andanar. Penera, in her defense, said that she had not filed her COC at the time of the alleged violation. The SC said, however, that it is not a valid excuse because such offense can be a committed by a person who is not a candidate.
Rafanan said the law used by the Supreme Court to rule on the case – Section 80 of the Omnibus Election Code – is “very much alive.’
“This adds to the ingredients of [points] for debate,” he said, adding that the ruling contradicts Section 13 of the RA 9369, which considers a person a candidate only during the campaign period.
Stretching election ban
On Tuesday, Mina submitted to the office of Comelec chair Jose Melo her appeal letter, which was also signed by 2 other TV personalities eyeing local posts next year: Maybeline dela Cruz of the soap opera “May Tinik sa Dibdib,” and Alfred Vargas, a member of the “Darna” cast.
She expressed hope the Comelec would clarify the rules on actors and actresses who will join the 2010 races.
With the new guidelines, the Comelec is looking to stop candidates from the entertainment industry from making any public or mass media appearances related to their work right after they file their certificates of candidacy, and not just during the official campaign period.
This would stretch the election ban from the official 90 days to around 165 days for national candidates, or from the official 45 days to around 120 days for local candidates.
Mina is running for councilor in the 2nd district of Quezon City, where her biological father Chuck Mathay once served as congressman.
She said they agree to not appearing on TV during the 45 days of the campaign period for local candidates, but not the period after they have filed their candidacy until the start of the campaign, since this will deprive them of their source of income.
More complications
Rafanan said that aside from the debate that may be sparked by Mina’s petition, the Comelec would also have to resolve other conflicting provisions of the Omnibus Election Code and RA 9369.
The legal chief cited the “reckoning date” of January 10, which is the start of the election period.
He said the poll body has yet to come up with clear rules on infomercials.
He said that while Section 13 provides that a candidate would only be considered a candidate at the start of the campaign period, the new automated elections law also prohibits candidates from making public appearances and conducting
”gift-giving” activities during the Holiday season.
Rafanan said gift-giving activities and public appearances may also be considered as an act of premature campaigning. With regards to the gift-giving activities, he said politicians may not be held liable as long as the gifts are not excessive. -- with a report from Lilita Balane, Newsbreak
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