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SC: Infomercials legal even before campaign period

By Norman Bordadora
Philippine Daily Inquirer
First Posted 17:51:00 11/25/2009

Filed Under: Elections, Eleksyon 2010, Inquirer Politics, Advertising

MANILA, Philippines?The Supreme Court on Wednesday ruled that there?s no law banning politicians from airing their infomercials and posting their billboards from the time they filed their certificates of candidacies?anytime between November 20 and December 1?up to the start of their campaign period.

In a resolution that reversed its September 2009 decision that stripped Sta. Monica, Surigao Del Norte Mayor Rosalinda Penera of her position due to ?premature campaigning," the high tribunal ruled that the country?s poll automation laws provided that the early filing of COC?s was only meant to give the Commission on Elections time to print ballots.

According to the Supreme Court, the automated election law, Republic Act No. 8436, provides that a person who files his or her certificate of candidacy is not considered candidate until the campaign period starts. (The campaign period of candidates for president, vice president and senators shall start in February 2010 while the campaign for bets for the House of Representatives and local positions shall start in late March 2010.)

Thus, he or she is not liable for any election offense such as ?premature campaigning? before the campaign period starts.

?In layman?s language, this means that a candidate is liable for an election offense only for acts done during the campaign period, not before,? the decision read.

?The law is clear as daylight?any election offense that may be committed by a candidate under any election law cannot be committed before the start of the campaign period,? it added.

Lawyer Midas Marquez, Supreme Court spokesperson, told reporters that politicians who have expressed their intention to run in the 2010 elections may continue to air their infomercials and post billboards even after they filed their certificates of candidacies with the Commission on Elections and before the start of their campaign period.

The Comelec earlier told would-be candidates that the infomercials over radio, television and print would have to be stopped once they filed their certificates of candidacies and could only be allowed again during the campaign period.

?The filing of COC?s should not stop them from coming out with their ads,? Marquez said in a news conference wherein he announced the Supreme Court decision.

?That would be part of the freedom of expression,? he added.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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