Epal candidates

BEHIND THE SCENES

Alfred P. Dizon

You could see epal candidates all over media. All are projecting a clean image with promises of doing good for the masa of this blighted Banana Republic.

There is this administration senatorial candidate, considered a lap dog and an operator of somebody high up there beside the Pasig River. Netizens are saying nobody knew this guy with a short name who is way below the surveys until his boss was catapulted to office by a slick television advertisement.

Ah, but then, all sorts of these corrupt pretenders and kapal muks have been there in every administration, a netizen says. They occupy all three branches of government.

They want to hold onto their posts longer in government, so some if not most are seeking elective office this coming May elections. They include those in the local level like one we know who doesn’t know when to call it quits.

Their epal moves are evident. They are in every KBL (kasal, binyag, libing) affair, according to our drunken neighbourhood philosopher.

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There is this young barangay captain along Ferguson Road in Baguio who recently died. Candidates of all sorts of stripes swarmed the wake even if the grieving family didn’t know them and delivered speeches much to the consternation of relatives.

The epals have upped the ante by invading the airwaves with corny self-serving pitches. Call it premature campaigning but it is still legal.

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Now, the Senate committee on electoral reforms is pushing a bill that would restore the provision in the Omnibus Election Code which prohibited premature campaigning.

Leila de Lima, Richard Gordon, and Aquilino Pimentel III authored Senate Bill 2064, which also seeks to redefine the term “candidate” as a person who has filed “his certificate of candidacy (COC) within the period provided by the Commission on Elections.”

The bill will attempt to supersede a ruling by the Supreme Court in 2009 that voided Section 80 of the Omnibus Election Code which barred “any person, whether or not a voter or candidate to engage in an election campaign or partisan political activity, except during the campaign period.”

The Supreme Court voided the provision when it upheld Republic Act 9369 or the Poll Automation Law, passed in 2007.

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Under RA 9369, a person is only considered a candidate during the campaign period, which, in effect, took away any punishment for premature campaigning.

For the midterm elections, the campaign period starts this Tuesday (Feb. 12, 2019) for national positions, and in late March for local positions.

It is obvious, however, that campaigning by some hopefuls started way before February, even before they filed their COCs in early October.

“The barrage of political advertisements on TV and radio and the obvious electioneering or campaigning by many candidates way before the start of the official campaign period in the last elections were too much to be ignored,” Gordon said.

“The unfair repercussions of this rule are far and wide. It propagates political inequality as it unduly favors rich or popular candidates over poor or less popular candidates. It also negates transparency and accountability as it shamelessly excludes such premature campaigning from the regulation of campaign finance and the limitations on election campaign and expenditures.”

Senators Francis Pangilinan, Grace Poe, Loren Legarda, Emmanuel Pacquiao, Francis Escudero, Nancy Binay, Sherwin Gatchalian, Risa Hontiveros, Majority Leader Juan Miguel Zubiri, and Minority Leader Franklin Drilon also signed the committee report. 

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At press time, the campaign period has not yet officially started, but it’s clear that the campaign is on for most of those who filed their certificates of candidacy or COCs earlier this month.

For some, the campaign in fact started months ago, when they decided to seek elective posts in May 2019. Even with the filing of COCs, however, Republic Act 9369, enacted in 2007 and providing for automated elections, defines a person as a candidate only during the campaign period.

The law effectively eliminated premature campaigning by declared candidates, which was an offense under the Omnibus Election Code. RA 9369 was seen to favor candidates with vast resources as well as incumbent officials seeking reelection.

Now the Senate committee on electoral reforms and people’s participation is recommending the restoration of the provision in the election code and to make premature campaigning a criminal offense.

Most candidates should welcome limits to campaign activities. It means less expenditures and more time to prepare for the positions that they are applying for. It allows them to finesse campaign platforms that they intend to genuinely pursue in case of victory.

Candidates should also welcome tighter regulation of campaign finance. It can reduce expenditures and level the playing field for candidates with different financial capabilities.

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Rules on election spending also do not cover expenditures incurred when declared candidates campaign before the official start of the campaign period.

Campaign finance is opaque enough without this additional layer of opportunity for skirting efforts to promote transparency and accountability.

Dirty money – from drugs, jueteng, smuggling, kidnapping for ransom and other illegal activities – are easily laundered into election campaigns.

President Duterte, who has declared war on narco politics, could support efforts to bring transparency to campaign finance.

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The rules should be clear and consistent: there is an official campaign period, and it should cover a person who has officially declared his or her candidacy by filing a COC.

The law may have eliminated the offense, but common sense shows that there is such a thing as premature campaigning, and it should be prohibited. But at this time, it is open season for the epal candidates.