Comelec can’t stop negative campaigning

Comelec Can’t Stop Negative Campaigning: Chairman

The Commission on Elections (Comelec) is unable to prohibit negative campaigning during elections as it is indeed legally permissible, according to comelec Chairman George Garcia. “Banning negative campaigning is something we can’t do because it is provided for under the Omnibus Election Code,” Garcia stated.

Disqualification and Criminal Charges for Unlawful Statements

however, Garcia emphasized that the Comelec retains the authority to take action against candidates who make statements that border on criminal offenses.”Two things can happen – disqualification of the candidate and at the same time criminal case against the candidate involved,” he explained.

Limited Jurisdiction Over Supporters

The Comelec’s power is limited when it comes to controlling negative campaigning by supporters of candidates and political parties,as they fall outside the Comelec’s jurisdiction. Garcia noted, “For supporters, there might be some national security implication or whatever, but it’s for other agencies to deal with.”

Garcia stressed the Comelec’s respect for supporters’ freedom of expression but underscored that exceptions outlined in Supreme Court rulings must be observed. He also mentioned the potential role of the cyber libel law in curbing negative campaigning on social media.

Vote-Buying Crackdown

Turning to the issue of vote-buying, Garcia warned that candidates, party-list groups, and their nominees engaging in such activities face disqualification. “We will not have a second thought to disqualify this party-list or candidates or the nominees of party-list if there is evidence,” he stated, reacting to reports of vote-buying by a party-list group in Baguio and Quezon cities.

Garcia clarified that while recruiting members is permissible, offering money to applicants constitutes vote-buying. The Comelec will swiftly issue show cause orders upon receiving photographic evidence of such practices. “the Comelec will act immediately on these complaints so that efforts by some people to gather evidence by taking photos will not be for nothing,” he assured.

Transparency in Contractual Agreements

Meanwhile, the groups, Democracy Watch and the Right to Know, Right Now Coalition (R2KRN), are petitioning the Supreme Court (SC) to require the Comelec to disclose documents related to its contract with Miru, a consortium chosen to provide election technology. This push for transparency stems from the withdrawal of st. Timothy Construction Corp. (STCC) from the joint venture,creating concerns about the consortium’s financial viability and legal compliance.

Democracy Watch emphasized the importance of public access to information, stating, “Any attempt to withhold such information will only deepen public mistrust and fuel suspicions about the integrity of the election process.” The group called for the Comelec to proactively disclose financial records, ownership agreements, and contract details to ensure public confidence in the electoral process.

Protecting Democratic Integrity

As the 2025 elections approach,Democracy Watch stressed the vital role of transparency,fiscal responsibility,and adherence to legal standards in safeguarding democratic integrity. “The integrity of our elections depends not just on the technology used but on the credibility of the institutions overseeing the process,” the group underscored.

What specific measures is the Comelec taking to prevent vote-buying by party-list groups, given the reports of such activities?

Archyde Interview: Tackling Negative Campaigning & ensuring Electoral integrity with comelec Chairman George Garcia

Chairman George Garcia on the Legal Stance of Negative Campaigning

Archyde: Chairman Garcia, thank you for joining us today. Firstly, coudl you clarify the Comelec’s position on negative campaigning during elections?

George Garcia: Thank you for having me. Indeed, the Comelec is positioned as a neutral institution during elections. We cannot outright ban negative campaigning as it is indeed permitted under the Omnibus Election Code.

Archyde: So, what actions can be taken against candidates making inflammatory statements?

Garcia: We do retain the power to take action when statements border on criminal offenses. In such cases, candidates could face disqualification adn potentially be charged criminally.

Limited Jurisdiction Over Supporters and the Role of Cyber libel Law

Archyde: How does the Comelec address negative campaigning by supporters, given that they fall outside its jurisdiction?

Garcia: The Comelec respects the freedom of expression of candidates’ supporters. However, we remind them about the exceptions outlined in Supreme Court rulings.Moreover, the cyber libel law might come into play, especially when negative campaigning occurs on social media platforms.

Combating Vote-Buying and Ensuring Openness in Electoral Processes

Archyde: Turning to another critical issue, how does the Comelec plan to stop vote-buying, especially with reports of such activities by party-list groups?

Garcia: We take vote-buying very seriously. Candidates and party-list groups engaging in this activity face disqualification. We will swiftly issue show cause orders upon receiving photographic evidence of such practices.

Archyde: Let’s discuss transparency. Democracy Watch and R2KRN are pushing for the Comelec to disclose documents related to its contract with Miru. Why is transparency crucial in this context?

Garcia: Transparency is paramount in maintaining public trust in our electoral processes. By proactively disclosing financial records, ownership agreements, and contract details, we aim to ensure that our decisions are well-informed and legally compliant, thus boosting public confidence in the elections.

Protecting Democratic Integrity in the 2025 Elections

Archyde: as we approach the 2025 elections,what steps is the Comelec taking to guarantee democratic integrity?

Garcia: We are focusing on transparency,fiscal responsibility,and adherence to legal standards. The integrity of our elections depends not just on the technology used but also on the credibility of the institutions overseeing the process.

Archyde: A thought-provoking question for our readers: What role do you think citizens can play in promoting a positive campaign habitat and preventing vote-buying as we approach the 2025 elections? We’d love to hear your thoughts in the comments section.