MANILA, Philippines–Politicians be warned—there is such a thing as a premature political convention and it is punishable by law.
Election lawyer Romulo Macalintal on Monday said that while politicians could get away with promoting themselves early, they could go to prison and be disqualified from holding public office under the Omnibus Election Code for organizing and attending activities aimed at launching political parties or naming their candidates for the 2016 elections.
“Political parties planning to hold activities … should first review the provisions of the law on premature political conventions,” Macalintal said.
He said the start of the convention period would depend on the Commission on Elections’ decision on whether to use the previous automated election system or the so-called “hybrid” voting system.
Under “hybrid” voting, the transmission and canvassing of ballots is automated but the voting and counting of votes is done manually.
No dates yet
“Since we are not yet sure if the elections will be hybrid or fully automated, the Comelec has not yet set specific dates for political conventions,” Macalintal said.
If the Comelec favors hybrid voting, conventions could only be held beginning 45 days before the start of the campaign period for President and Vice President, and 30 days before the start of the campaign period for other candidates under Section 80 of the Omnibus Code, Macalintal said.
“If fully automated, the convention could only be held from 30 days before the filing of certificates of candidacy as provided for under Section 13 of the Automated Election Law,” he added.
Violation of the law would constitute an election offense punishable by one to six years imprisonment and disqualification from public office.
“Thus, it would be better for political parties to wait for the Comelec’s calendar of activities before they hold (an event) which their political rivals could brand as a premature political convention,” he said.
Macalintal aired the reminder following a report that the United Nationalist Alliance (UNA), the coalition formed by Vice President Jejomar Binay, will hold a “low-key” launch on July 1 at the Makati Coliseum.
No law prohibits a potential candidate from engaging in premature self-promotion.
Jurisprudence, particularly a landmark Supreme Court decision on the Peñera v Comelec case in 2009, has virtually erased the concept of premature image-building or self-promotion as an election offense.