Campaign period
Since the law was enacted in 2001, it does not cover social media, which is currently the platform where the majority of Filipinos access information.
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Daily TribuneSince the law was enacted in 2001, it does not cover social media, which is currently the platform where the majority of Filipinos access information.
I’ve been a behind-the-scenes guy in politics for so long because of what I do. I’ve seen how politicians, supposedly from opposing camps, routinely connive to push for their respective agendas. They routinely engage in questionable activities and would do everything in their power to circumvent the law so they can have their way.
To be honest, no electoral exercise is a battle between good and evil. There’s so much in between — layers and shades — that those who run seem to come from the same breed. If you think otherwise, then it means the narratives they peddle are effective.
The midterm election is just around the corner. Expectedly, the moneyed ones and those who come from traditionally influential families will prevail, considering they have the resources to mount an effective campaign and, therefore, the capacity to lure the unsuspecting people to vote for them.
Ideally, our legal system is designed to give everyone an opportunity to run and serve. This is why the qualifications imposed are minimal, while appropriate election laws are enacted to level the playing field.
Sadly, this is not the case in real life. If you have resources, you can simply make things happen.
Look at Camille Villar and Aimee Marcos. Even before they filed their Certificates of Candidacy, they had each spent one billion pesos on political ads, while the rest of the usual suspects spent more or less within the same range. In fact, even as early as January of last year, I could routinely see the tarpaulins of Bong Go, Bong Revilla, and even the Tulfo brothers proudly mounted on every corner of every street.
Although there are limits to campaign spending, these candidates somehow find ways to get around it.
Under the law, the aggregate amount that candidates or registered political parties may spend for an election campaign shall be 10 pesos for President and Vice President and three pesos for other candidates for every voter currently registered in the constituency where they filed their certificates of candidacy. If they don’t have any political party or are not receiving any support from one, they are allowed to spend five pesos for every such voter.
These amounts indicate the intention of the law to democratize access to public service. Yet, wealthy candidates are able to sidestep these provisions with clever paperwork and the ability to hide actual spending. Besides, according to the Supreme Court, they are considered as candidates only when the campaign period starts. This means that, outside this window, they can do as they please.
With regard to the Fair Elections Act, note that television advertisements for local candidates are limited to 60 minutes per station, while radio ads cannot exceed 90 minutes per station. Print ads, meanwhile, are subject to size restrictions: one-fourth of a broadsheet page and one-half of a tabloid page.
If only to somehow give equal opportunities to struggling candidates, the law was amended in 2019, allowing media outlets to give reasonable rates or even discounts for political advertisements. Unfortunately, this amendment still favors the affluent aspirants.
Besides, since the law was enacted in 2001, it does not cover social media, which is currently the platform where the majority of Filipinos access information. In fact, the Comelec Chair himself admitted that while his office can impose certain guidelines on compulsory registration of digital platforms, among others, it cannot regulate political ads on Facebook or Twitter because doing so requires legislation.
Lamentably, Congress is hesitant to do so because its moneyed members take full advantage of the benefits of social media and all its glory.
