Tomorrow, February 9, marks the start of the campaign period for national elective officials. Commission on Elections chairperson Andres Bautista has been very visible in reminding candidates and political parties to comply with the law and resolutions issued by the electoral body, more specifically Resolution No. 10049. It contains the Rules and Regulations Implementing Republic Act No. 9006, otherwise known as the “Fair Elections Act,” in connection with the May 19, 2016 national and local elections. It provides well-defined parameters for allowed and prohibited activities during the campaign period.
Our voters and candidates are exhorted to take the time to read the Rules. It is available online at the COMELEC website, https://www.comelec.gov.ph/uploads/Archives/RegularElections/2016NLE/Resolutions/res10049.pdf
Should we expect once more the horrible campaign paraphernalia littering our surroundings and defiling our precious vanishing trees, without any accountability exacted from the candidate or political parties?
I should say, “Not this time,” if the Commission on Elections and committed advocates are to be believed. This campaign period is definitely a test for the COMELEC under the leadership of Chairman Bautista if it has the political will to implement our election-related laws and Rules.
The Rules explicitly declare that no lawful election propaganda materials shall be allowed outside the common poster areas except in private properties with the owner’s consent or in places mentioned by the Rules. Any violation is punishable as an election offense.
If and when followed, we can expect a clutter-free election campaign landscape, a first in the country.
Candidates should now think twice and more and be ready for dreaded consequences in committing violations of our election and environmental laws, such as allowing their posters, streamers and other campaign materials to be displayed in places other than the allowed common poster sites.
The flagrant impunity in past campaigns was so appalling that many chose to give up on our processes and even the institutions themselves.
Having been an engaged citizen pushing for the Rule of Law and sustainability also during several election campaigns, I am quite aware of the gaps that existed between the law and reality, which some unscrupulous candidates used to their advantage. The regulations were too broad and vague as to be considered as lacking in clarity. There were also not many election officials who had the courage to file cases against candidates, especially those holding political offices, for committing election offenses.
To show that citizens can likewise contribute their talents and skills during campaign period, we formed strategic alliances with the COMELEC, PNP, DWPH and with civil society groups such as the Integrated Bar of the Philippines, Dilaab Foundation, environmental NGOs and the universities to encourage students and the youth to be involved in mainstreaming ecological stewardship among national and local officials and among citizens. We had regular illegal poster-removal days in an activity under the “Tugkaran Hinloan” campaign. We co-organized symposiums and forums for the candidates to present their environment agenda to the citizens. We wrote lawyer-candidates and requested them to follow the law and remove their posters and banners nailed to the trees and hang in non-designated public places.
It is fair to say at this point that COMELEC Resolution No. 10049 is clear, concise and has narrowed or even close the gaps that made electoral offenses more honored in the breach. Most important, it has a green agenda that requires consideration of the environment first and foremost. Among the novel but strong features are the following:
1. The use by candidates and political parties of recyclable and environment-friendly materials and the avoidance in their production of those containing hazardous chemical materials are encouraged.
2. The candidates and parties are mandated to incorporate the words “These materials should be recycled” in their printed campaign materials and to comply with the plastic regulation ordinance in local government units which have them.
3. The common poster area does not and should not include any tree, plants, shrubs located in public roads, plazas, parks, school premises, or any other public grounds.
4. Within five days after the elections, and without need of notice, the common poster area should be torn down at the candidate/party’s own expense and to restore the site to its original condition. Non-performance is deemed a violation of law and regulation, with sanctions.
5. Any prohibited form of election propaganda shall be summarily stopped, confiscated, removed, destroyed, or torn down by COMELEC representative, at the expense of the candidate/party, with a task force created in each municipality/city to remove and tear down illegal campaign materials.
I was happy to see the other day a notice in a national newspaper by a political party officer, exhorting all party candidates, party officers, members and supporters, to give particular attention to the aforesaid resolution’s provisions for lawful and prohibited political advertisements. She also emphasized the necessity of complying with the required removal of all prohibited propaganda materials 72 hours before the start of the campaign period, or not later than February 6, with a note that “Non-compliance with this provision will give rise to a presumption that the candidate or party has committed an election offense.”
This is a significant development indeed. It has never happened in the past.
Could this be the beginning of the whiffs of positive change in our electoral governance landscape that closely adheres to the Rule of Law? I hope so.