MANILA – Posibleng tatlong kandidato na lang sa panguluhan ang pagpilian ng mga botante pagsapit ng halalan sa Mayo 10 kapag natuloy ang babala ng Commission ng Elections laban sa anim na iba pang kandidato dahil sa paglabag umano sa patakaran sa campaign material.

Ayon kay Atty. James Jimenez, tagapagsalita ang Comelec, nakapagdokumento ang
Education and Information Department (EID) ng ahensiya tungkol sa ginagawang paglabag ng mga kandidato sa patakaraan sa paggamit ng mga campaign propaganda sa halalan.

Ang mga presidentiables na nadokumentuhan na lumalabas sa campaign rules ay sina Sen Benigno Simeon “Noynoy” Aquino III (Liberal Party), dating pangulong Joseph M. Ejercito Estrada (Puwersa ng Masang Pilipino – UNO), Sen Richard J. Gordon (Bagumbayan), Gilberto C. Teodoro Jr. (Lakas-Kampi-CMD), evangelist Eddie C. Villanueva (Bangon Pilipinas), at Sen Manuel Villar Jr. (Nacionalista Party).

Kasama rin sa mga lumalabag umano sa patakaran ng Comelec sina vice presidential candidates Makati Mayor Jejomar Binay at dating Metro Manila Development Authority chief Bayani Fernando; senatorial bets Senator Lito Lapid, Atty. JV Bautista, at broadcaster na si Rey Langit.

“We would not expect this normally since they are very staunch advocates of obeying the law (but) everyone is equally in violation it would seem,” pahayag ni Jimenez nang makapanayam ng media.

Partikular na paglabag na ginagawa umano ng mga kandidato ay ang paglalagay ng mga campaign paraphernalia sa hindi sakop ng “common poster areas.” Bukod pa rito ang paggamit ng mga materyales na higit sa itinakdang sukat ng batas.

Kabilang sa mga lugar na sakop ng “common poster areas” ang mga plaza, pamilihan, at barangay center. Samantala, ang mga party-list group at political parties ay pinapayagan lamang ng gumawa ng poster na may sukat na 12 x 16 feet. Habang ang bawat kandidato ay dapat 4 x 6 feet lang ang sukat ng poster.

“The state of compliance is rather dismal,” ayon kay Jimenez tungkol sa ginagawang paglabag ng mga kandidato.

Sinabi niya na ipadadala umano nila ang ulat ng EID sa Comelec Law Department para sa “kaukulang hakbang.”

“We will submit this report to the law department so that the law department, if they feel that it’s necessary, initiate legal action as soon as possible,” pahayag ni Jimenez.

Ipapaalam din umano ng Comelec sa mga kandidato ang kanilang paglabag at bibigyan sila ng tatlong araw para alisin ang mga campaign material na hindi umaayon sa batas.

“Kung hindi nila tinanggal, we will have to talk about legal action, that is an election offense, there is the possibility of disqualification,” babala ni Jimenez.

Mas makabubuti rin umano kung ang maghahain ng reklamo laban sa mga kandidato ay magmula sa hanay ng mamamayan sa halip na manggaling mismo ang inisyatiba sa Comelec.

“How can we, on our own, file a case, if we have to decide the case ourselves,” ayon sa tagapagsalita ng Comelec. – GMANews.TV

Complaints of malfeasance and grave abuse of discretion were filed against the Pasay City prosecutor who ordered the release of an Albay town mayor arrested for violating the election gun ban.

The administrative complaints against Assistant City Prosecutor Manuel Ortega were filed by the Philippine National Police (PNP) with the Office of the Ombudsman.

“The complaint stemmed from Ortega’s alleged abuse of discretion and malfeasance in handling the prosecution of Mayor Avelino Ceriola of Malinao, Albay,” said PNP spokesman Chief Superintendent Leonardo Espina in a statement Thursday.

Ceriola was arrested Monday at the Terminal 2 of the Ninoy Aquino International Airport (NAIA) for carrying a .45-caliber pistol before he was about to board a Philippine Airlines flight bound for Legazpi City.

Despite the evidence presented by arresting officers during inquest proceedings, Ortega still came up with a resolution favoring Ceriola after “finding lack of probable cause sufficient to sustain respondent’s formal indictment in court.”

Ortega said the “subject gun or firearm and ammunition were not actually presented during inquest proceedings and that no affidavit or sworn statement vis-à-vis the gun ban exemption request for [Commission on Elections] certification was also submitted or presented during inquest proceedings.”

PNP chief Director General Jesus Verzosa lamented Ortega’s decision to let Ceriola go, saying it showed the “apparent lack of support” from the prosecution.

He added that the decision was reminiscent of incidents in Abra where politicians “exerted undue influence over prosecution and judicial authorities in cases involving loose firearms and partisan armed groups.”

At the time he was arrested, Ceriola tried presenting a Permit to Carry Firearms Outside of Residence (PTCFOR) supposedly issued by Commissioner Lucenito Tagle, chairman of the Comelec’s Committee on the Ban on Firearms and Security Personnel (CBFSP). Authorities, however, said the document was fake.

The PNP has already asked the Comelec to disqualify Ceriola for the alleged violation of the gun ban. - MARK DALAN MERUEÑAS, GMANews.TV

At least for the next two remaining months of the campaign period, three Catholic bishops vowed not to receive donations from politicians running in the May 10 elections.

Bishops Martin Jumoad (Basilan), Carlito Cenzon (Baguio) and Dinualdo Gutierrez (Marbel) said they will decline any donations from politicians especially during the campaign period.

“I will not accept any donations especially from politicians. It’s not right,” Jumoad said in an interview on Church-run Radio Veritas, adding it is not proper for the church to accept financial donations from political bets at the height of the campaign period.

He said politicians should instead give their donations directly to charitable institutions.

Excerpts of the interview were posted on the Catholic Bishops’ Conference of the Philippines news site.

Cenzon and Gutierrez, for their part, added it is not prudent for the church to be accepting money from politicians who are seeking various elective posts.

“We are not going to accept it especially if we know that it came from bad sources,” Cenzon said.

The three bishops made the statement as the Catholic Church prepares for the nationwide observance of the “Alay Kapwa” day on March 28.

Alay Kapwa is a fund-raising campaign program during the Lenten Season aimed at helping the needy during emergency cases and calamities.

Implemented in all the dioceses in the country, the Alay Kapwa program requires the Catholic faithful to share their time, talent and resources with their neighbors.

On the other hand, Cebu Archbishop Ricardo Cardinal Vidal earlier admitted receiving cash donations from some politicians who asked for his blessings.

But the cardinal clarified that the financial contributions he accepted were for Caritas Cebu, the archdiocesan social action arm, and not for his personal account.

He also emphasized that he does not endorse candidates, saying he’s preserving his non-partisan status.

Meanwhile, Bishop Jumoad called on politicians to donate their money directly their money to other charitable institutions.

“I challenge them. If they are really sincere in being one with the Church’s Alay Kapwa (program), they should give help directly to those who are needy,” he said.

“I am appealing also to our politicians not to use Alay Kapwa to make it appear that they are for the poor,” he added. — LBG/RSJ, GMANews.TV

A Commission on Elections (Comelec) official on Thursday reminded its election officers (EO) to remove all election propaganda which violate regulations, if they do not wish to be reprimanded.

“This is a reminder to all our EO and field personnel that they have to ensure that the campaign posters and materials are put only in the designated common poster areas or in the private residences,” said Comelec Commissioner Gregorio Larrazabal.

Resolution 8758, requires the creation of task force that would tear down and remove “unlawful” election materials.

The task force would be composed of the election officer as the chairman, the station commander of the Philippine National Police as vice chairman, and a third member from any agency deputized by the poll body, in this case the Department of Public Works and Highways and the Metro Manila Development Authority.

The same resolution requires candidates to put up their advertisements on common poster areas like plazas, markets, and barangay centers.

Party-list groups and political parties are only allowed to construct 12 x 16 feet poster areas while independent candidates may only erect 4 x 6 feet poster areas or its equivalent.

A list of common poster areas is available at local Comelec offices, Larrazabal said.

The commissioner added that even if the campaign materials are placed in private residences, the paraphernalia are still required to comply with rules regarding poster sizes.

“[The EOs] have to inform the candidates that these election paraphernalia have to be taken down,” he said, adding that they should be prepared to face the consequences if they fail.

But he noted that the Comelec has yet to determine penalties for such oversights.

“We’ll look into it, I don’t want to preempt the en banc,” he said.

Comelec spokesman James Jimenez told GMANews.TV that the poll body Education and Information Department has already informed the EOs and the regional directors of the areas which have the most illegal campaign materials, like Caloocan, Quezon City, Marikina, and Bulacan.

However, he emphasized that the EOs are currently undergoing training for the performance of their duties in the May automated polls. “So yung na-clear na nila, nire-replace naman (Whatever they cleared have already been replaced), especially in an effort to beat theMarch 26 start of local campaigning,” he said.

Violation of Resolution 8758 may constitute an election offense, which is punishable by one to six years imprisonment, disenfranchisement, and disqualification from holding public office. - KIMBERLY JANE T. TAN, GMANews.TV

The Supreme Court’s latest ruling on premature campaigning will put “less moneyed” candidates at a disadvantage, a Commission on Elections (Comelec) official said on Thursday.

In a chance interview with reporters, Commissioner Rene Sarmiento said with the ruling, it is now “fiesta time” for candidates who can afford to come out with infomercials and advocacy ads.

“Those with resources will be favored by this decision at the expense of those with no resources. If you are less known and less moneyed, you will be at a disadvantage,” he said.

The official was referring to the SC ruling on Wednesday decriminalizing any political activities done prior to the start of the campaign period.

The court, in effect, reversed its Sept. 11, 2009 decision disqualifying Santa Monica, Surigao del Norte Mayor Rosalinda Peñera when she held a motorcade after filing her certificate of candidacy on Nov. 30, 2006 for the May 2007 elections.

Under the Omnibus Election Code, a motorcade is considered a political activity.

In its latest decision, the high court, voting 9-5, ruled that the conduct of political activity like the airing of “infomercials” before the start of the campaign period is considered as “an exercise of the candidates’ freedom of expression.”

Unfair

Sarmiento said this is “unfair” for candidates who cannot keep up financially with the more established candidates. He said even if wealthy candidates cannot directly promote their candidacy before the campaign period, their advertisements would give them additional name recall.

In a separate interview, Ferdinand Rafanan of the Comelec Law Department said the ruling had virtually nullified the official campaign period.

“Ano ang silbi ng (So what’s the use of the) campaign period?” he said, adding that the high court must review the consequences of its “unjust, unfair, and unequitable” decision.

For the 2010 elections, the official campaign period runs from Feb. 9 to May 8 for candidates running for national positions, and March 26 to May 8 for those running for local positions.

Sarmiento, however, said they will still abide by the SC ruling. “The decision of the SC is law and we have to follow the law.”

Instead, he said the poll body would just try to come up with ways to level the playing field among the candidates.

“We have to discuss it among ourselves how to balance the contest between the moneyed and the less moneyed and the known and the less known, so it is possible that the Comelec will issue guidelines to this effect,” he said.

He added that whatever provision in the Omnibus Election Code that is not contradicted by the SC decision would still be followed by the Comelec. - KBK/RSJ, GMANews.TV

Reversing an earlier decision, the Supreme Court on Wednesday ruled in favor of the airing of “infomercials” and “advocacy ads” by government officials planning to run in an upcoming election before the start of the campaign period.

In a 16-page resolution penned by Associate Justice Antonio Carpio, the court reversed its decision dated September 11, 2009 that decriminalizes any political activities done before the start of the campaign period.

In the Sept. 11 decision, the justices voted 8-7 to disqualify Santa Monica, Surigao del Norte mayor Rosalinda Penera when she held a motorcade after filing her candidacy on Nov. 30, 2006 for the May 2007 elections.

SC spokesperson Jose Midas Marquez said the justices, voting 9-5, ruled that the airing of “infomercials” before the start of the campaign season – viewed by many as premature campaigning – is considered as “an exercise of the candidates’ freedom of expression.”

“The essence of the decision is that any candidate will only be considered a candidate at the start of the campaign period. Any unlawful acts or omissions shall take effect only during the start of the campaign period,” Marquez said in a phone interview with GMANews.TV.

“Therefore, there is no unlawful act or omission before the campaign period. In effect, there is no such thing as premature campaigning,” he added.

For the 2010 elections, the official campaign period runs from Feb. 9 to May 8 for candidates running for national positions, and March 26 to May 8 for those running for local positions.

Marquez said the changes in the voting could be attributed to the retirement of Associate Justices Leonardo Quisumbing and Consuelo Ynares-Santiago, the appointment to the high court of CA Justice Martin Villarama, and the concurrence of Justice Lucas Bersamin with the majority.

Quisumbing were among those who dissented with the September 11 majority decision penned by Associate Justice Minita Chico-Nazario. When Villarama replaced Santiago, who voted against premature campaigning, he concurred with the Carpio ponencia, bringing the majority of magistrates in favor of early campaigning to 9.

Wednesday’s ruling virtually voided Section 80 of the Omnibus Election Code, which prohibits “any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period.”

Under the Omnibus Election Code, a motorcade is considered a partisan political activity. But in Wednesday’s ruling, Marquez said the concept of “premature campaigning” no longer exists because aspirants are only considered official candidates at the start of the campaign season, and not after they file their certificate of candidacy.

The new SC ruling thus gave more weight to the Election Modernization Act (R.A. 9369) Sec 13 which 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.”

Commission on Elections (Comelec) officials, meanwhile, refused to comment on the reversal of the earlier SC ruling as they have yet to receive a copy of the decision.

The Comelec has been waiting for the SC decision on the Penera case, saying this will determine its stand on premature campaigning. [See: Comelec warns politicians vs premature campaigning]- with Kim Tan/KBK, JV, GMANews.TV

Critics of the proposed tax on campaign contributions should voice their complaints to the Commission on Elections (Comelec) and not to the media, the poll body said Thursday.

Comelec Commissioner Gregorio Larrazabal, one of the poll body officials tasked to review the proposal, said that “surprisingly,” even though there has been much opposition to the Bureau of Internal Revenue (BIR) regulation, no one has talked to the tax agency about it.

“I believe some have approached media and expressed their opinion, I wish they would also share their views with the Comelec because it will be Comelec and BIR who will implement that proposal,” Larrazabal told GMA News in an interview on Thursday.

Earlier, the BIR said it will impose a five-percent tax on contributions to political campaigns. [See: Candidates, political parties to pay tax on contributions.]

It came out with Revenue Regulation No. 8-09, which will require all political candidates, parties and contributors to effect a five-percent withholding tax on their campaign expenditures and contributions.

The new regulation will also require all political candidates, parties and candidates to register with the BIR as a withholding agent.

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Since the BIR came out with the tax scheme, however, several political leaders have expressed their opposition to it, saying it was uncalled for and was in fact unconstitutional. [See: NPC, NP execs reject tax on campaign funds.]

But Larrazabal said that according to the explanation of the BIR, no law is needed to enforce the regulation. “As I understand from the explanation of the BIR, they don’t need a new law to be passed, I believe there’s a debate regarding that idea,” he said.

He did say, however, that Comelec has already given its input to the BIR when senior deputy commissioner Joel Tan-Torres, who was named officer-in-charge of the tax agency after Commissioner Sixto Esquivias IV quit his post, met with Comelec Chairman Jose Melo last week.

“We’ll just wait for the final decision of the BIR if they could and would implement the proposal,” he said, adding that they are just waiting for the BIR to get back to them.

If the proposal pushes through, Larrazabal said the poll body’s role will just be to assist the tax bureau in the collection of the expenditure reports and other documentary proof that the candidates have in fact paid the five-percent tax.

“It’s tedious but it will assist the government in monitoring expenses,” the commissioner said.

Larrazabal said the candidates will be asked to pay the tax on expenditures incurred during the campaign period as prescribed by the Comelec, and which will be based on the statement of expenditures to be filed after the elections.

“The BIR will base their collection on the reports submitted to the Comelec no matter what those reports would be. If (the candidate) declares in his statement of expenditures that he only spent this much, the BIR will take it as face value,” he said.

He stressed, however, that the BIR will not be imposing an additional tax burden on the candidates or on the suppliers. He said they are just going to “shift” the burden of payment from the suppliers to the candidates. – GMANews.TV

The process of collecting the five-percent tax on campaign contributions has become a contentious issue between the Commission on Elections (Comelec) and the Bureau of Internal Revenue (BIR).

Comelec Chairman Jose Melo on Tuesday said the two agencies met Monday to thresh out potential problems surrounding the BIR’s newest initiative.

“Tine-thresh out namin yan … Kunwari ang kandidato bumili ng T-shirt, sumbrero, siya ang mag-retain ng 5% withholding tax at siya ang magbabayad sa BIR, at hindi ang pinagbilhan (We are still threshing out the matter. We would prefer that the supplier of campaign materials retain the 5 percent withholding tax and remit it to the BIR, rather than the candidate who make purchases),” Melo said in an interview on dwIZ radio.

Earlier, the BIR said it will impose a five-percent tax on contributions to political campaigns.

Revenue Regulation No. 8-09 requires all political candidates, parties and contributors to effect a five-percent withholding tax on their campaign expenditures and contributions.

The new regulations also require all political candidates, parties and candidates to register with the BIR as a withholding agent.

Makati Mayor Jejomar Binay, running for vice president in the 2010 elections, claimed the tax is a “squeeze play” on the sources of financial support for the opposition.

Melo, however, said the Comelec expects resistance to the new tax.

“Wika ko, we’ll encounter a lot of resistance. Kailan ba nangyari na ang purchaser ang nagre-retain ng withholding tax? (I said we may encounter a lot of resistance. When has a purchaser retained the withholding tax)?” - GMANews.TV

Senator Ramon “Bong” Revilla Jr.’s remake of the popular action movie “Ang Panday,” which is slated for showing in a film festival in December, may constitute premature campaigning and affect his candidacy in next year’s polls, a Commission on Elections official said Monday.

Comelec Commissioner Gregorio Larrazabal issued the statement after Revilla, who has expressed his intention to seek a second term in 2010, wrote a letter to the poll body asking Comelec chairman Jose Melo about the implication of his film’s inclusion in the Metro Manila Film Festival in December.

“I am under the understanding that the inclusion of his film might constitute premature campaigning in light of the case pending before the Supreme Court,” Larrazabal said.

He was referring to the high court’s decision last month upholding the Comelec’s ruling on Jan. 30, 2008 disqualifying Rosalinda Penera from holding office as mayor of Santa Monica, Surigao del Norte for violation of the Batas Pambansa 881 or the Omnibus Election Code.

Penera held a motorcade after filing her candidacy on Nov. 30, 2006 for the May 2007 elections. The case is pending before the high court after a motion for reconsideration was filed. [See: SC ruling may lead to more disqualification cases - poll lawyer]

“I believe that once the SC releases the decision, we will be properly guided as to what constitutes premature campaigning, if ever,” said Larrazabal.

According to Amy Manzo, Revilla’s media officer, the senator had consulted Melo about the festival showing before starting the shooting of the film last June. “Ang sabi OK naman daw ‘yun, kaya ngayon namumrublema si Senator Bong,” (Senator Bong was told it’s ok so now he’s having problems) she said.

“Baka before or after election na lang maipalabas yung pelikula. Hindi pwedeng hindi maipalabas, mahal ang pagkakagawa nun e, pang-film festival talaga,” she added.

Revilla finished shooting the film two weeks ago and it is currently in the post-production stage, Manzo said. The late action star and 2004 presidential candidate Fernando Poe Jr. popularized the title character of the film, which is a joint production of GMA films and Imus productions.

Premature campaigning

Section 80 of the Omnibus Election Code prohibits “any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period.”

For the 2010 elections, the official campaign period runs from Feb. 9 to May 8 for candidates running for national positions, and March 26 to May 8 for those running for local positions.

“The election period has not yet started so everyone’s a regular Joe or Jane, no one’s a candidate yet,” Larrazabal said.

The filing period for certificates of candidacy runs from November 20 to 30, 2009. Thus, Revilla would have officially filed his candidacy by the time the film festival is scheduled to show his film in December.

Larrazabal said there are still many questions on what would constitute premature campaigning, taking into consideration the proliferation of banners and tarpaulins of politicians in the streets.

The poll commissioner said guesting in television shows might also be seen as premature campaigning but boxing matches, in the case of Manny Pacquiao who has an upcoming fight on Nov. 14 and will reportedly seek a congressional seat in 2010, would not.

“Getting into a boxing fight I think is not promoting one’s candidacy. That might be considered as a news event,” he said.

Powerless?

Earlier, Melo had said the Comelec is powerless in going after politicians engaged in premature campaigning until they have filed their certificates of candidacy. [See: Premature poll campaign law can't stop infomercials]

“I really want election laws amended since there are many endorsements appearing today,” he said, referring to infomercials and other “advocacy” advertisements of several public officials rumored to be seeking national posts in 2010.

Larrazabal said the Comelec will be releasing the general instructions for the 2010 polls by November. – with a report from Amita O. Legaspi, GMANews.TV

Amid the frenzy of government agencies preparing for the arrival of potentially destructive typhoon “Ramil” (Lupit), a new series of ads on Public Works Secretary Hermogenes Ebdane Jr. made their debut Monday.

The ads, supposedly paid for by “Friends of Jun Ebdane” and with the theme “24/7,” were aired on radio stations and at least one Metro Manila newspaper.

“24 hours a day, 7 days a week. Yan ang sigaw ni Secretary Jun Ebdane at ng mga kawani ng DPWH sa hinaharap na pagsubok ng ating bayan (24 hours a day, 7 days a week. That is the cry of Secretary Jun Ebdane and the Department of Public Works and Highways in the face of challenges facing the nation),” the ads claimed.

The ads praise Ebdane for working to repair damaged infrastructure, engaging volunteer constructors, and for “praying” that no harm befall the nation, all on a “24/7″ basis.

Only last September, Ebdane confirmed interest in seeking the presidency as the administration party’s contender in the May 2010 elections.

“I have become interested … I think within the circumstances I think we can join the fight,” he said before attending a Senate inquiry on the proceeds of the Road Users’ Tax and Motor Vehicle User’s Charge. [See: Ebdane confirms 'interest' in running for president in 2010]

He said he will make an announcement on his final decision between November 20 to 30, the period for the filing of the certificate of candidacy for all elective positions in the 2010 polls.

Should Ebdane decide to run, he will contest with Defense Secretary Gilberto Teodoro Jr. on who would be the administration’s standard bearer in the 2010 polls.

Meanwhile, a report by radio dzBB’s Carlo Mateo Monday said the Lapian ng Manggagawa voiced support for Ebdane’s presidential bid.

The report said the group’s president Jose Malvar Villegas Jr. said Ebdane is the most qualified to lead the country.

Secretary Teodoro was earlier picked by the national executive committee of the ruling Lakas-Kampi-CMD to be the administration’s standard bearer in the 2010 polls. [See: Lakas-Kampi picks Teodoro as 2010 standard bearer] - GMANews.TV