MANILA - The Commission on Elections (Comelec) on Tuesday warned politicians to stop airing "infomercials" and installing posters and tarpaulins, or else they face a case of early campaigning.

The warning came as November 20, the first day of filing of certificates of candidacy (COCs), nears.

Comelec Commissioner Rene Sarmiento said that a person is officially a candidate from the moment he or she files his COC, and therefore, his or her "campaign materials" should be withdrawn.

These politicians have 3 days to put down their campaign materials, the Comelec said.

Those who violate this Comelec rule could face early campaigning raps, based on the Supreme Court decision on the case of Mayor Rosalinda Peñera of Sta. Monica, Surigao del Norte for premature campaigning in the May 2007 polls. (Read: SC puts foot down on premature campaigning)

Even as the SC hears the motion for reconsideration in the case, the decision on premature campaigning still stands.

Only when the campaign period starts, the Comelec said, will these candidates be able to start airing their ads and put up their campaign materials again.

The campaign period for national positions will be from February 9 to May 8, 2010, while those running for local positions can campaign from March 25 to May 8.

Meanwhile, showbiz celebrities planning to run in the elections for any position can still work as long as the campaign period has not yet started, provided that they won't endorse their political aspirations in their work.

SC to Comelec: Comment on Macalintal petition

The SC also asked the poll body to comment on the petition filed by Atty. Romeo Macalintal asking for a temporary restraining order (TRO) to a Comelec ruling requiring government officials who run for public office to resign automatically.

Macalintal filed the petition in behalf of his clients, Undersecretary Eleazar Quinto and Director Gerino Tolentino, both from the Department of Environment and Natural Resources (DENR).

The two reportedly plan to run in the 2010 elections: Quinto for Pangasinan representative, and Tolentino for Quezon City councilor, respectively.

Macalintal is asking that government officials only be deemed resigned from office by February 2010 for candidates for national elections, and March 2010 for canddiates in local elections or start of the campaign period.

He said it's not fair that elected officials on the other hand can stay in office until the official start of the campaign period, while appointed officials are required to resign upon filing their COC.

Government officials on appointive positions, such as members of the Cabinet, shall resign from their positions once they file their COCs, based on the Omnibus Election Code.

Those elected, meanwhile, can remain on their positions.

SC spokesperson Midas Marquez said the SC en banc is expected to issue its final decision after the Comelec comment is filed. With reports from Ina Reformina and Timi Nubla, ABS-CBN News