THERE won't be stopping those who have filed their certificates of candidacy (COCs) from campaigning and promoting themselves ahead of the official start of the campaign period for the May 2022 elections, but the Commission on Elections (Comelec) said they shouldn't.
Comelec spokesperson James Jimenez said there is no legal prohibition against premature campaigning.
"They won't be facing charges or any consequences for that. So yes, they can start campaigning," Jimenez said in a press briefing Friday, October 1, 2021, the first day of the filing of COCs.
"It's not punishable by law," he added.
To note, the Poll Automation Law provides that "any person who files his certificate of candidacy shall only be considered as a candidate at the start of the campaign period", and that "unlawful acts applicable to a candidate shall be in effect only upon the start of the campaign period."
This provision was affirmed by the 2009 Supreme Court case of Penera vs. Comelec, which paved the way for the removal of premature campaigning as an election offense.
However, the poll official said the commission would strongly discourage COC filers from prematurely campaigning.
This, he said, is because early campaigning is against the spirit of the law, which sets the official campaign period.
"I would discourage that because that can be considered as premature campaigning," he said.
"We all know that it is premature since the campaign period has not yet started," he added.
On Friday, the Comelec started accepting COCs of all aspirants looking to run in the May 2022 national and local elections.
However, the campaign period will not start until February 8, 2022 for national candidates, and March 25, 2022 for local candidates.
The elections have been set for May 9, 2022. (HDT / VoxPop Philippines)