Order restricting celebrities from campaigning draws mixed reactions

A Commission on Elections (Comelec) order restricting celebrities from endorsing candidates in the coming polls earned mixed reactions from candidates and election lawyers. Media personalities should not be disallowed from expressing support for their favored candidates, said Nacionalista Party presidential bet Manuel “Manny" Villar Jr. “Filipino rin sila. Botante din sila. May karapatan silang mamili ng kandidato nila (They are Filipinos and voters. They have the right to choose their candidate)," the senator said after a meeting with Sta. Rosa, Laguna mayor Arlene Arcillas-Nazareno. The Comelec earlier advised media personalities campaigning for their bets to take leaves of absence now that the campaign period has started, to avoid violation of Republic Act 9006, also known as the Fair Election Act. Villar, who has heavily capitalized on his rags-to-riches life story to fuel his political advertisements, has tapped the likes of Comedy King Dolphy Quizon, singer Sarah Geronimo, comedian Michael V, and noontime show hosts Willie Revillame and Valerie Concepcion to spice up his campaign. "In fairness to these people, tumutulong sila sa akin dahil may pinagsamahan kami. Mayroon kaming pagkakapareho. Lahat kami galing sa hirap," Villar said, reiterating that he did not spend a single centavo to secure celebrity endorsements. Actor Erap Estrada supports Comelec’s move For his part, former President Joseph Estrada, a former actor, expressed support Comelec’s warning, saying that he has no problem with it. “Ex-president Estrada follows laws strictly so if that's what the law says we will follow it," said Estrada's spokesperson Margaux Salcedo. Estrada, standard bearer of Puwersa ng Masang Pilipino, no longer needs more celebrity endorsements "because Erap himself is a big celebrity," Salcedo said. She said the Comelec prohibition "would be advantageous to the Erap campaign because we do not have any paid endorsers, unlike other candidates who are [engaged] in a bidding war over top celebrities." The Comelec made the warning after the Parish Pastoral Council for Responsible Voting (PPCRV) appealed to celebrities endorsing candidates to take a leave of absence. [See: Comelec: Celebrity endorsers should go on leave] PPCRV prepared to file suit vs. campaigning celebrities PPCRV lawyer Howard Calleja said in a radio dzMM interview that they are prepared to press charges against personalities caught violating the Fair Election Act. The Palace has already welcomed the PPCRV and Comelec's reminders. "If that is the case then it should be heeded," said deputy presidential spokesman Gary Olivar. Under the Fair Election Act, mass media columnists, commentators, announcers, reporters, on-air correspondents or personalities who are running for public office or are campaign volunteers of any candidate or political party “shall be deemed resigned, if so required by [his] employer, or shall take a leave of absence from his/her work as such during the campaign period." Comelec legal department head Ferdinand Rafanan said violation of the provision, which seeks to give candidates equal access to media time and space, is punishable by one to six years imprisonment, disenfranchisement, and disqualification from holding public office. The poll body, last February 4, issued Comelec Resolution 8758 that provided the implementing rules for RA 9006. Possibility of job loss makes celebrities “cry" Lawyer Sixto Brillantes of the Liberal Party was quoted in a radio dzMM report as saying the Comelec's interpretation of the particular section of the Fair Elections Act was wrong. He said only media practitioners, and not celebrities, are covered by the restriction. Brilliantes said some of his clients, who are talent managers, have told him that a number of their talents have approached them crying and expressing apprehensions about losing their jobs. [See related: Celebrities caught in ‘political’ crossfire] 'That's the law' But elections lawyers said the Comelec did not err in their reading of the election rules. Administration election lawyer Romulo Macalintal said celebrities, who fall under the category of "personality," are covered by the specific provision in the Fair Elections Act. "Considered silang personality simply because sikat sila (They are considered personalities simply because they are popular)," Macalintal told GMANews.TV over the phone. He said the prohibition has been in effect since 2001. But when asked why the issue did not seem to have been a hot topic in the 2004 and 2007 elections, Macalintal said, "Eh kasi walang kumuwestiyon noon. It's only now na nagsasalita sila [celebrity endorsers]." (The issue wasn’t questioned in 2004 and 2007. Only now has the issue been brought up.) "The law maybe harsh. but that's the law," he added. Lawyer Louie Guia of the Democratic and Electoral Reform Desk of Libertas Philippines – a group of reform-minded individuals – said celebrities should not complain about the specific provision because it was really meant to level the playing field among candidates. "Kung may undue exposure ang isang kandidato, iyon ang violation. Hindi dapat nakakalamang ang isang kandidato na may kakilala o kaibigan na personality... That's the principle of the provision," Guia said. (If a candidate gets undue exposure, then that's a violation. He or she should never get ahead of his opponents just because he had celebrity friends.) But Guia pacified celebrities who might think they are violating the law, saying the prohibition only applies to any campaigning or endorsing carried out within the campaign period that started last Tuesday. As long as a celebrity - who has expressed support for a candidate even before the campaign period started - does not endorse or campaign while appearing in the media, he or she does not have to abandon their jobs. Macalintal said the Comelec could issue a notice to any media organization that would allow its employees to endorse candidates while on the job and appearing on television, radio, or print. In a statement, ABS-CBN Network said their policies do not violate any portion of the Fair Elections Act. "ABS-CBN's policy is consistent with the Fair Elections Act. Our on-cam talents are prohibited from using ABS-CBN programs and platforms during the official campaign period, in whatever form or manner, to favor any political candidate, political party or party list organization," the network said. Macalintal appealed to the public not to be overwhelmed by the celebrity line-up of a political party and instead focus on studying the platforms of the candidates. "The qualification of a candidate is all that mattered - not the qualification of those who endorse him or her," he said. Palace official Olivar shared the same sentiment. "We think our voters are mature and thoughtful enough to recognize and prefer substance over showbiz. Maybe there's an inverse relationship between the two – the more showbiz, the less substance," he said. - With Amita Legaspi, RJAB Jr./KBK, GMANews.TV