AMID the increase of political advertisements and propaganda materials in relation to the May 2025 midterm elections, the Commission on Elections (Comelec) yesterday renewed its call for lawmakers to prohibit premature campaigning activities.
In an interview, Comelec chairman George Garcia reiterated the poll body’s call for Congress to amend Republic Act 9369, or the Election Automation Law of 2007, and ban premature campaigning for all national and local political aspirants.
“We really hope that there will be a law stating that there is premature campaigning, and that premature campaigning is prohibited for those that have filed their candidacy. It would mean that those who will file their certificates of candidacy (COCs) will immediately be considered as candidates. We hope such a law will be passed,” said Garcia.
“We need legislation. We need the law. The question is, will they amend the law?” he added.
Garcia said they are making the call to prevent political aspirants from putting up propaganda materials and coming out with political advertisements way ahead of the campaign period for the forthcoming elections.
He noted that under the existing law, “all those who filed their COCs are considered candidates only at the start of the campaign period. It means there is no premature campaigning. This is why you can see all their faces in the streets and highways, and their advertisements on social media, television, and radio.”
Worse, the poll chief lamented that the Comelec is being blamed by the public for their supposed lack of ability to prevent such acts.
“The Comelec is powerless against it since they are not yet candidates… we cannot do anything yet,” he said.
The Election Automation Law states 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 Peñera vs Comelec, which paved the way for the removal of premature campaigning as an election offense.
