COMELEC can’t file complaints vs violators
RULES ON PREMATURE CAMPAIGN, SK DYNASTY LAW
DESPITE stern warnings the Commission on Elections (COMELEC) issued against premature campaigning, it admitted it cannot lodge complaints against violators. It cannot even bar aspirants defying the anti-political dynasty provision of the Sangguniang Kabataan law.
Atty. Marino Salas, Provincial Election Supervisor, said the commission has no police powers to monitor and file cases against premature campaigners.
On SK candidates violating the SK Law ban on political dynasties, Salas said Comelec cannot reject anyone filing COCs.
The Sangguniang Kabataan (SK) law states that SK officials should not be related “within the second civil degree of consanguinity or affinity to any incumbent elected national official or any elected regional, provincial, city, municipal or barangay official in the locality where he or she is seeking election.
Despite the lack of police powers, Comelec urges all candidates to watch each other’s activities to help stop banned election activities.
“Ang pinakamainam dito ay magbantayan na lamang kung may mga kandidatong gumagawa ng premature campaigning”, said Salas.
The opponent should file a complaint, which could be the basis for a disqualification.
Salas reminded candidates that those found guilty of premature campaign face jail time of one to six years, and perpetual disqualification from holding any government office.
Atty. Michael Franks Sarmiento, Dagupan City Election Officer, added in a separate interview that even a non-candidate could lodge complaints.
“Puwede po na mag-file ang registered voter, kahit hindi kakandidato”, said Sarmiento.
Meanwhile, Salas admitted that there are no guidelines in the commission implementing mandatory leave of absence for BSKE candidates working in compromising jobs, such as the media.
Salas said the media outlet should instead order a mandatory leave of absence for their staff running for the October BKSE.
In the end, Salas says it all boils down to delicadeza for media practitioners who are vying for BSK positions to file their leaves of absences if their office does not have such provision.
The campaign period is set to begin on October 19 up to October 28. (Ahikam Pasion)
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