A local official in Negros Oriental has come under public scrutiny after a viral video showed him throwing P500 bills at a crowd of spectators. However, the Commission on Elections (COMELEC) clarified that no election law was violated, as the individual is not yet officially a candidate under current regulations.
In a radio interview on Saturday, COMELEC Chairman George Erwin Garcia explained that while the aspirant for the May 2025 elections has already been identified, he cannot be punished under election laws because the campaign period has not yet started.
The Peñera Doctrine, a Supreme Court ruling, states that an aspirant is only considered a candidate once the campaign period begins. For local elective posts, this period starts on 28 March 2025.
“Tig-500 pesos ang inihahagis sa mga tao... Ang problema, kung ginawa niya before 28 March, wala pa siyang paglabag dahil hindi pa siya covered ng election law. Maaaring siya ay aspirant at hindi pa siya kandidato,” said Garcia.
("He was throwing 500-peso bills to the people... The problem is, if he did it before March 28, he hasn’t violated any law yet because he is not covered by the election law. He may be an aspirant, but he is not yet a candidate.")
Citing Republic Act 9369, Section 13, which states that, "Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall effect only upon that start of the aforesaid campaign period..."
However, Garcia noted that if the official currently holds a government position, he may still be held accountable under the Anti-Graft and Corrupt Practices Act or ethical standards for government officials and employees.
At present, COMELEC has no jurisdiction over the incident. Garcia emphasized that other agencies, such as the Office of the Ombudsman or the Department of the Interior and Local Government (DILG), have the authority to investigate. Additionally, any concerned resident from the area can file a complaint.
Garcia encouraged the public to remain vigilant and actively report such activities, as consistent documentation could drive legislative reforms that strengthen election integrity, close legal loopholes, and ensure greater accountability in the electoral process.