It’s easy to notice election violations like this, but an ordinary citizen usuallly has no idea how to go about filing a complaint.
“Easy formats” will be soon be released by the Commission on Elections in Central Viasyas (Comelec-7) for citizens to report a violation.
Comelec Regional Director Temie Lambino yesterday said the forms will be out not later than March 30, the start of the official campaign period for congressional and local candidates.
He said illegal campaign posters were the “biggest frustration” of his 13 years in the Comelec.
He appealed to citizens to help spot them and take action with do-it-yourself complaint forms.
“In pursuing a complaint, one just has to fill up the blanks provided in the form and attach a photo of the violation they want to raise,” he said in yesterday’s forum organized by the Cebu Citizens-Press Council (CCPC) at the Marcelo Fernan Cebu Press Center.
The forms will include an easy-to-use petition for disqualificaton of a candidate and other complaint forms that can be used for any violation spotted.
The size of campaign posters is limited to 2 feet by 3 feet. They can only be put up in two sites — the common poster area designated by the local election officer, and in private places with the consent of the owner.
Lambino said violations of the poster requirement are visible and the most frequent example of poll violations that make it “my biggest frustration”.
“That’s the face of the election. The perception is that if we can’t enforce this requirement just for posters, how much more for other election laws,” he said, explaining why he’s making this a key target.
With poster violations seen in many public places, the Comelec often ends up looking helpless.
Adequate proof
Lambino disagreed, saying the Comelec needs the help of citizens to do their duty by reporting violations with adequate proof.
He said the fastest way to get action is to file a complaint with the local prosecutors’ office which deals with the criminal aspect of violations of law. (The prosecutor may decide to subpoena a candidate or violator, and elevate the case in the Regional Trial Court.) A citizen has to file a sworn statement.
In contrast, a complaint filed with the local election supervisor or the Comelec regional office would still have to be endorsed to the Law Department of the Comelec in Manila and acted on by the Comelec en banc.
The stages of action would take time and the complainant would probaby have to wait till after the election is over to see a decision, said Lambino.
NOT HELPLESS
Lambino encouraged citizens to do their part by reporting violations and if needed, making a citizen’s arrest if a violation is being done in one’s presence.
“It’s the responsibility of everyone to effect citizens arrest. It is, however, not mandatory for you to do that,” he said.
“We (Comelec) are not helpless. The Comelec is very effective in implementing some resolutions but not all. The success of the elections is not only in the hands of the Comelec. We need the help of every citizen, the media, and politicians,” he said.
He said local government units should also help them tear down illegal campaign materials.
The Comelec has been reminding candidates and political parties not to post campaign materials on electric posts, trees and other public structures.
The poster requirements are found in Comelec Resolution No. 9615 or the implementing rules of the Fair Elections Act.
A source of frustration about illegal posters is the fact that it is not considered a violation until the official campaign period sets in.
There is no prohibition against premature campaigning as a result of how the definition of who is a candidate was influenced by a November 2009 Supreme Court decision in the case of Penera vs. Comelec
“The Supreme Court decriminalized this,” said Lambino yesterday, echoing the opinion of Comelec Charman Sixto Brillantes Jr.
The High Court said “any person who files his certificate of candidacy within (the filing) period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy.”
With this the Comelec can only appeal to candidates to refrain from “indirect campaigning.” “out of delicadeza” until the campaign period starts.
The period for senatorial candidates and party-list groups started Feb. 12. For congressional and other candidates, it will begin on March 29, but since this falls on Good Friday, the actual start is on March 30.