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  • Comelec to probe early campaigning
     
    By Cher Jimenez
    Reporter
     

    THE Commission on Elections (Comelec) is set to discuss on Wednesday a complaint filed by Sen. Miriam Santiago against the alleged premature campaigning of some politicians ahead of the 2010 polls.

    “It [complaint] will be part of the agenda when the commission meets en banc on Wednesday,” Comelec Chairman Jose Melo told reporters.

    Santiago filed a complaint before the Comelec on Saturday asking the poll body to issue a restraining order against politicians who endorse products and appear in advertisements.

    In her 19-page petition, Santiago also asked the poll body to investigate “unnamed” respondents for “blatantly engaging in unlawful premature campaign” two years ahead of the 2010 presidential elections.

    She refused to accept the explanations of some politicians that they are not violating any election law and are just endorsing certain products or are “merely espousing certain advocacies.”

    “This is a blatant prevarication, since none of these politicians have a history of pursuing a career as a commercial model. The tortured explanations of these errant politicians are proof in itself that they know they are breaking the law,” said Santiago.

    She added that it was already unnecessary to submit evidence against the respondents, adding that the poll body can take judicial notice of the “proliferation of giant billboards, as well as television videos featuring politicians declared or known to be seeking public office in the coming 2010 elections.”

    Some of those who have been seen endorsing products and whose images were seen in giant billboards include Vice President Noli de Castro, Senate President Manuel Villar Jr., Sens. Panfilo Lacson, Loren Legarda, Mar Roxas II, Richard Gordon and Chiz Escudero, and Metropolitan Manila Development Authority Chairman Bayani Fernando.

    Lacson, a known teetotaler, is endorsing a liquor product.

    When previously asked by the media, the politician-endorsers refuse to acknowledge violating any election rule on premature campaign, adding that the election period has yet to begin.

    Santiago, who has been vocal about the issue prior to her prayer for a restraining order before the Comelec, assailed the unnamed respondents for attacking her motive to bring the case to the poll body.

    “Some have gone to the extent of making not only snide but also malicious imputations against the petitioner, who has suffered it in silence.”

    Santiago also called on the Comelec to “seize the moment and to engage in an act of supreme statesmanship, by interpreting the law, not by reading the words literally, but by upholding the object of honorable election campaigns which the [Omnibus] Election Code is meant to secure.”

    She said the poll body should issue a restraining order “against all politicians” whose endorsements of products or advocacies of civic or other causes were “designed to gain unfair premature campaign exposure, on the ground that great and irreparable injury will result in the national interest before this matter can be heard on notice.”

    Melo said the Comelec will carefully study Santiago’s petition but hinted that it is impossible for the poll body to sanction violators in a retroactive manner.

    “Decisions are usually prospective never retroactive,” he explained when asked if politician-endorsers could be automatically sanctioned for early election campaign once they have filed their candidacy.

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