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A Filipino lawmaker has proposed a bill to reinstate the prohibition on premature campaigning and other election offenses committed before the official campaign period. Currently, there are no penalties under Philippine law for campaigning before the period starts. The bill aims to close this loophole and deter candidates from campaigning too early. It would ban any acts to promote a candidate's election before the campaign period, including vote buying. Those found guilty would face imprisonment from 1-6 years and fines, and political parties could be fined up to 100,000 pesos. The lawmaker believes this legislation is urgently needed to address issues raised in a 2009 Supreme Court case that decriminalized premature campaigning.
Originalbeschreibung:
Revive ban on premature campaigning and other election offenses
Originaltitel
may19.2014 bRevive ban on premature campaigning and other election offenses
A Filipino lawmaker has proposed a bill to reinstate the prohibition on premature campaigning and other election offenses committed before the official campaign period. Currently, there are no penalties under Philippine law for campaigning before the period starts. The bill aims to close this loophole and deter candidates from campaigning too early. It would ban any acts to promote a candidate's election before the campaign period, including vote buying. Those found guilty would face imprisonment from 1-6 years and fines, and political parties could be fined up to 100,000 pesos. The lawmaker believes this legislation is urgently needed to address issues raised in a 2009 Supreme Court case that decriminalized premature campaigning.
A Filipino lawmaker has proposed a bill to reinstate the prohibition on premature campaigning and other election offenses committed before the official campaign period. Currently, there are no penalties under Philippine law for campaigning before the period starts. The bill aims to close this loophole and deter candidates from campaigning too early. It would ban any acts to promote a candidate's election before the campaign period, including vote buying. Those found guilty would face imprisonment from 1-6 years and fines, and political parties could be fined up to 100,000 pesos. The lawmaker believes this legislation is urgently needed to address issues raised in a 2009 Supreme Court case that decriminalized premature campaigning.
Revive ban on premature campaigning and other election offenses
A veteran lawmaker has moved to reinstate the prohibition against premature
campaigning and revive election offenses committed prior to the start of the campaign period. Rep. Joaquin M. Chipeco Jr. !" nd #istrict $aguna% is urging the passage of &' ()*+ which prohibits electoral campaign or partisan political activities e,cept during the campaign period and providing a penalt- therefor. .nder the present state of our laws there is no longer an- prohibition against premature campaigning Chipeco pointed out. /he $aguna lawmaker recalled that premature campaigning has alread- been decriminali0ed in the "**1 case of Penera v. Comelec, et al, (G. R. No. 181613, Nov. 25, 2009, En Banc). 'ased on the 2enera case Chipeco e,plained that the rule now is that two !"% facts must concur in order for a person or aspiring candidate to be liable to an election offense3 first he must have filed his certificate of candidac-4 and second the campaign period has commenced. /his means that a candidate in our !automated% elections could campaign much earlier than the start of the campaign period and not incur an- criminal liabilit- for premature campaigning under our election laws Chipeco e,plained. /he legal conundrum arising from such a 5urisprudential rule is patentl- manifest 6 it effectivel- decriminali0es not 5ust premature campaigning but an- and all election offenses committed prior to the campaign period as well the author lamented. 7hether the ma5orit- of the Court reali0es this grave implication from its ruling it merel- washes its hands b- convenientl- stating that the forum for e,amining the wisdom of the law and enacting remedial measures is not this Court but the $egislature Chipeco pointed out. 8nterestingl- enough he noted the minorit- opinion chimed in b- stating in part that , , , this dissenting opinion will not be viewed as an effort made in vain if in the future the said resolution can be revisited and somehow rectified. NR # 3471B MAY 19, 2014 7hether the fault lies in the flawed phraseolog- of the law on automated elections !as the ma5orit- seems to impl-% or the infirm legal reasoning or interpretation of the ponenca !as the minorit- suggested% Chipeco said that one thing clearl- stands out 6 there is an urgent need for remedial legislation in this particular area of our election law. 9ection ) of &' ()*+ states3 Pro!"ton a#an$t premat%re campa#nn# 6 8t shall be unlawful for an- person whether or not a voter or candidate or for an- part- or association of persons to engage in an election campaign or partisan political activit- e,cept during the campaign period3 Provided, that the person or aspiring candidate in whose favour the premature campaigning was done eventually files his/her certificate of candidacy; and provided further, that the prohibition against premature campaigning shall apply in all kinds of election, whether done manually, automated, or otherwise. !.nderscoring provided b- writer% 9ection ) further states3 :othing in this Act shall prohibit parties or association of persons from holding conventions or meetings to nominate their official candidates within thirt- da-s before the commencement of the campaign period and fort-;five da-s for 2residential and <ice;2residential election. 9ection " of the bill states3 An- other act designed to promote the election or defeat of a particular candidate or candidates to a public office committed prior to the campaign period including but not necessaril- limited to vote;bu-ing and vote;selling is likewise declared an election offense. 9ection = states3 2enalt-. 6 An- person guilt- of an election offense under this Act shall be punished with imprisonment of not less than one -ear but not more than si, -ears and shall not be sub5ect to probation. 8n addition the guilt- part- shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. 8f he is a foreigner he shall be sub5ect to deportation which shall be enforced after the prison term has been served. An- political part- found guilt- shall be sentenced to pa- a fine of not less than one hundred thousand pesos !previousl- 2)****% which shall be imposed upon such part- after criminal action has been instituted in which their corresponding officials have been found guilt-. !=*% dpt