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Premature electioneering

“Unfortunately, the law was not carved in granite. The prohibition has been modified under the law and jurisprudence.
Macabangkit B. Lanto
Published on

You can tell that election season is approaching by the proliferation of tarpaulins along the national highways. (The filing of certificates of candidacy is less than a month away and the election virus is already afflicting politicians.)

At first glance, the tarps look innocently innocuous. But for the more discriminating, they are a marketing ploy in the run-up to the election, a subtle way of promoting one’s name ahead of the polls. After all, name recall is the principal factor in choosing candidates as proven by the success in the polls of movie stars and people who are visible on TV, tri- and social media. Educational qualifications, competence and integrity pale in comparison and are no match to pedigree and wealth.

Many have noticed the tarpaulins with the words in bold, “Ingat sa biyahe,” in Visayan “Amping sa inyong biyahe,” “Register and vote,” “Eid Mubarak” (Muslim festival), and other such similar messages.

There’s nothing wrong with that. But on the tarpaulins are huge pictures of people holding political office, has-beens, and relatives of incumbent officials. You can be sure as the sun rises in the east that they will be running for election or reelection. It’s a variation of the trickster selling snake oil.

The tarps crowd the Cagayan de Oro-Iligan cities major highway. Along the Iligan-Marawi cities highway the tarps compete with those of Maranaws announcing the enthronement of Sultans or Bae-a-labis (Queens) or congratulations for passing government exams and the appointment or promotion of officials. They’re eyesores and a major distraction to motorists. And we will not be surprised if accidents happen because of them.

There is an outfit that specializes in putting up marketing streamers, billboards and tarpaulins along national highways and other strategic places nationwide. And the cost runs to the millions. And only those with the wherewithal can afford them. To national candidates, this is much cheaper than organizing groups to go around the nation to display propaganda materials.

Is this not premature campaigning that is prohibited by law?

Before, this was a violation of election law and candidates were disqualified or, if elected, unseated by the Commission on Elections or the courts.

Unfortunately, the law was not carved in granite. The prohibition has been modified under the law and jurisprudence. Now, one can get away with violations like those tarpaulins this early in the game. How is this so?

Back then, there was a semblance of order. Candidates were very careful not to violate the law against premature campaigning which was enacted purposely to level the playing field for the rich and not rich. At least there was deterrence, although smart politicians never ran out of gimmicks to skirt the law.

The precedent-setting landmark Peñera ruling by the Supreme Court, which was penned by then Senior Justice Antonio Carpio, was a game changer. The ruling simply said that before the election period kicks in, there is no candidate to speak of, ergo, one cannot commit illegality if he is not a candidate. So before the designated campaign period, would-be candidates come up with all kinds of gimmicks and trickery to grab the voters’ attention, like putting up tarpaulins.

While it is not illegal, definitely it is not proper and is in bad taste. What is not illegal is not necessarily moral. And so we see these print materials along the highways long before the campaign period.

We can teach these politicians a lesson or two by rejecting them or campaigning against them. They resort to such propaganda to camouflage their lack of qualifications for office. By any standard of morality, this is improper.

It is no wonder the Senate is now a shadow of its old self compared to the days of Recto, Diokno, Drilon et al. Now we have senators who belong to the same household.

And we complain of the kind of service that government is rendering to us. I say: we deserve it because of the kind of leaders we elect into office.

amb_mac_lanto@yahoo.com

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