Crackdown on posters starts

Candidates liable for illegally posted campaign materials – Comelec
By LESLIE ANN G. AQUINO
February 10, 2010, 7:41pm

The Commission on Elections (Comelec) announced Wednesday that it will launch a crackdown on illegal campaign materials of candidates and party-list groups participating in the May 10, 2010 automated elections.

But while the Comelec cracks down on illegal campaign materials, it is giving candidates more chances of airing their advertisements to promote their candidacies.

Comelec Spokesperson and EID head James Jimenez said representatives of the poll body will go around major thoroughfares starting tomorrow, February 12, to check if candidates and party-list groups are complying with the campaign rules.

Comelec agents will take pictures and videos of posters and other campaign materials posted illegally.

“We will be going around the major thoroughfares just to check on the compliance with the campaign rules,” he said.

“We will be taking photo and video recording of the posters that are still up by Friday,” added Jimenez.

The poll official said they’ll begin doing the rounds early morning at the Greater Manila Area (GMA) first.

“We will go around in the GMA to see what’s the status of the compliance is and from that we’ll be able to issue more friendly reminders for compliance,” Jimenez said.

On Monday, the Comelec reminded candidates to observe campaign rules, including the regulation and prohibitions on posters and common poster areas.

“The posting of campaign materials in public places outside the designated common poster areas such as streets, bridges, public structures or buildings, trees, electric posts or wires, schools, shrines, main thoroughfares, and the like is prohibited,” Comelec Resolution No. 8758 or the Rules and Regulations Implementing Republic Act 9006 or the “Fair Election Practices Act” read.

“Persons posting the same shall be liable together with the candidates and other persons who caused the posting. It will be presumed that the candidates caused the posting of campaign materials outside the common poster areas if he does not remove the same within three days from notice which shall be issued by the Election Officer…” it further read.

In giving candidates more chances to promote themselves, Comelec Commissioner Gregorio Larrazabal pointed out that in 2007, the broadcast election propaganda for a candidate was not on a per station basis but was taken as a whole.

“The campaign, for example, on television and radio, the limitation now is 120 and 180 minutes respectively. It refers to the limitation per station not the total. So in 2004 it was on per station, in 2007 it was the total, now we are going back to per station,” he said.

With regard to other forms of media such as the use of the Internet for campaigning, Larrazabal admitted the commission is powerless in this area.

“On the technical side if you put a web now the following day you can put another website hosted in another country. How do you stop that?” he said. “It’s difficult to control. There are a lot of candidates with a fan page.”

He even cited the social networking website Facebook as another example where politicians also campaign.

“That’s not regulated now. You see politicians having Facebook accounts, their own websites because it’s not regulated,” Larrazabal said.

But while there are some forms of campaign that are not included in their resolution, he said, the regulation and prohibition on posters, common poster areas remain the same.

As this developed, the Comelec paved the way Tuesday for a foreigner or foreign group, committee or association, representing government or private interests, to observe at close range and virtually unhampered the May, 2010 elections.

The Comelec, led by Chairman Jose A.R. Melo, approved en banc Resolution No. 8763 allowing a foreigner or foreign group, organization, committee or association to file application for accreditation to observe the elections not later than April 15, 2010.

Melo said the applications should be supported by a duly accomplished information sheet, two recently taken “2 x 2” colored photographs of the applicant, and endorsement by the ambassador or consul of the home country of the applicants.

Upon approval of the application, the Comelec will issue individual identification cards to the accredited foreign observers who will then have the privilege to request any official of the government, representatives of registered political parties, organization or coalitions, candidates or their representatives, media representatives, private firms or organizations, any political party or candidate for interview or briefing on the coming electoral exercise.

They have also the right to observe all proceedings in the precinct until the counting and transmission of votes are over. They could also keep track of the transport of Precinct Count Optical Scan (PCOS) machines after the voting, counting, and transmission.

The Comelec stressed that it shall be unlawful for any foreigner, whether juridical or natural person to aid any candidate or political party, director or indirectly, take part or influence the election in any manner, contribute or make any expenditure in connection with any election campaign or partisan political activity, enter any polling place, and mingle and talk with voters inside any polling place, or otherwise disrupt the proceedings of the pollig place.

Any violation of the above provisions shall be punishable with one to six years imprisonment and deportation after the prison term has been served, it was pointed out.

Meanwhile, Eric Alvia, secretary general of the National Citzens’ Movement for Free Elections (Namfrel) said that they can still monitor the conduct of the May, 2010 national elections even without a Comelec accreditation.

Alvia said if the Comelec will not heed their call to be accredited as a citizens’ arm during the elections, they can still help by monitoring the elections to see if it is credibly run from start to finish. (With reports from E.T. Suarez and Francis T. Wakefield)