Poll exec: SC allows ‘period of lawlessness’ with its decisions

The Supreme Court has allowed a “period of lawlessness" when it allowed the conduct of political activities before the start of the official campaign period, an election official said on Thursday. Commission on Election (Comelec) Commissioner Ferdinand Rafanan said with the SC ruling, a person aspiring for public office becomes "infallible" after he or she files his certificate of candidacy to the official start of the campaign period. "He is infallible because he cannot be prosecuted for any violation of any election law," he said during the weekly news forum Kapihan sa Senado. In its November 25 decision, the SC had practically ruled that there is no such thing as premature campaigning. Voting 9-5, the High Tribunal 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." For the May 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. Rafanan said because of the SC ruling, many election offenses defined by various election laws have been rendered nugatory. Among these are the offenses on common poster areas, the sizes of campaign materials, the use of campaign materials or paraphernalia which are unlawful, and overspending. "They have become ineffective due to the ruling. You could violate them all if you are a candidate and you do not become criminally liable. They start to be applicable only on February 9 if you are a national candidate and March 26 if local candidate," Rafanan said. The Comelec law department chief also disagreed with the SC decision allowing appointive officials to hold to their positions even after filing their COCs. Rafanan said he wanted the Comelec to file a motion for reconsideration on the two recent decisions but he could not do it without the official stand of the Comelec en banc. "It’s just my wish and my recommendation. Our lawyer is the OSG [Office of the Solicitor General] and the Commission en banc prescribes what we must do. I only propose. We have 15 days. I hope we could come up with the official stand the soonest," he said. - KBK, GMANews.TV