MANILA - With the Christmas season barely two months away, reelectionist solons are in a quandary. Will the new Supreme Court ruling on premature campaigning prevent them from printing calendars, speaking in fiestas, or giving away groceries?

Solons on Thursday barraged Commission on Elections (Comelec) chairman Jose Melo with various scenarios and sought his legal advice during the commission's budget hearing on Thursday.

Melo is also a former Supreme Court Justice.

“I think this is a serious concern. If not addressed, it will be a reason for you to be deluged with lots of disqualification cases. I think there is merit to the suggestion that Comelec must come out with guidelines as early as possible,” said House committee on appropriations chair Quirino Rep. Junie Cua.

A September 2009 ruling of the Supreme Court found Mayor Rosalinda Penera of Sta. Monica, Surigao del Norte guilty of premature campaigning for violating Section 80 of the Omnibus Election Code during the 2007 mid-term elections.

Penera was charged with premature campaigning by losing rival Edgar Andanar after her motorcade of supporters accompanied her when she filed her certificate of candidacy. Her supporters also distributed candies.

“There are really 1,001 possible cases as soon as you file your certificate of candidacy. Yung mga pa-birthday, medical missions may expose us. Iyong mga araw-araw na pumupuntang constituents sa bahay. These may be possible cases of harassment,” Cua added.
A motion to reconsider the Supreme Court decision is pending.

Melo said the poll body will come out with rules as soon the decision is final.

Many of the congressmen are eligible for reelection. Members of the House of Representatives are allowed three 3-year terms.

Christmas gifts

Cavite Rep. Jesus Crispin 'Boying' Remulla was concerned about the traditional Christmas give-aways they send to their constituents.

“There is a tradition in the Philippines, pag Pasko, ang mga tao namamasko. Kung hindi kami mamigay ng pamasko, kuripot kami. Kung kami namigay, disqualified kami. Can you please clarify this issue about premature campaigning?” Remulla said.

In response, Melo likened premature campaigning to pornography. “You cannot define pornography, but when we see it, we know. Di natin masasabing itong regalong ito ay pangangampanya. Let us say nagbigay tayo a certain article or a certain amount, maaring hindi yun pangangampanya. But beyond a certain point, it might be pangangampanya.”

Camiguin Rep. Pedro Romualdo was more specific. “It has been my habit even before I was a candidate. I give out three kilos of rice, noodles, sardines, that much. That is always every December 27. Can that be a liability?”

Melo replied: “If I am still chairman of the Comelec, I will find you not guilty.”

Questions and answers

Other scenarios were raised. Some of the questions and answers were:

ALBAY REP. EDCEL LAGMAN: For example, I am invited to a convocation after I have filed my certificate of candidacy, and usually, in gatherings like that, we go around shaking hands and one of those people there could just vote for so and so for reelection. What would happen in that kind of situation?

MELO: In that kind of situation, Your Honor, if you yourself don't say, "Vote for me", you will be blameless. The guy who said, “Vote for Edcel, Edcel” would be guilty of early campaigning. But what is the penalty? Disqualification. He's not running for election. There is a violation but the penalty is not imposable.
REMULLA: It's the call time for printing press already. How would we know if we should go on with our calendars or not?
MELO: As long as the candidate does not say, "vote for me." Sa aking tingin, as long as you don't solicit votes.

MARINDUQUE REP. CARMENCITA REYES: What if one other person who may be a candidate for another position, will state, "Vote for Congressman Cari (referring to seatmate Leyte Rep. Carmen Cari)." What happens? He is also a candidate but for another position.
MELO: Going by the decision of the Supreme Court, the person is guilty of campaigning. Even if he wins, he will be disqualified.
ROMUALDO: Supposing I will be interviewed in any TV station. There are issues involving politics at dapat sagutin. Will all these interviews, where you raise issues practically bordering between campaigning and not campaigning, get us in trouble?
MELO: Mahirap talaga sagutin yan. My rule of thumb, as long as you don't ask to be voted for. You are blameless.

OCCIDENTAL MINDORO REP. AMELITA VILLAROSA: How about our projects from our Priority Development Assistance Fund (PDAF). Because hinahanap ng tao saan napunta ang PDAF. There's a billboard that says it's under the initiative of the candidate. We are not asking for votes. It's just information that the project was completed during their term. How would you treat that?
MELO: Okay po iyon.

PARAÑAQUE REP. ROILO GOLEZ: Paano po iyong mga pumupustura na mga kalaban namin magsabi, “Palitan na ang incumbent.” That is definitely campaigning against the incumbent. Isn't that early campaigning?
MELO: You're correct, your Honor. Campaigning can be double-edged. Vote for me. Don't vote for him. I believe so.