This article talks about the campaign period in Philippine elections.
Election Campaign
Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code is the basic law on elections in the Philippines. Section 79 of the aforesaid law defines election campaign or partisan political activity act designed to promote the election or defeat of a particular candidate or candidates to a public office which shall include:
(1) Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate;
(2) Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;
(3) Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office;
(4) Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or
(5) Directly or indirectly soliciting votes, pledges or support for or against a candidate.
The foregoing enumerated acts if performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, aggroupment, or coalition of parties shall not be considered as election campaign or partisan election activity.
Public expressions or opinions or discussions of probable issues in a forthcoming election or on attributes of or criticisms against probable candidates proposed to be nominated in a forthcoming political party convention shall not be construed as part of any election campaign or partisan political activity contemplated under this Article.
It should be noted that campaign does not only refer to promoting a candidate. It also pertains to promoting the defeat of a candidate.
Election Period
The election period shall commence 90 days before the day of the election and shall end 30 days thereafter [Constitution Art. IX-C Sec. 9; RA 7166 Sec. 5; Omnibus Election Code Sec. 3].
Campaign Period
On the other hand, the campaign period varies, depending on the position pursuant to Republic Act No. 7166 Sec. 5 as follows:
Campaign Period: (before election day)
- President and Vice- Pres, Senators, party-lists —90 days
- Members of the House of Representatives and elective provincial, city and municipal officials— 45 days
- Special election— 45 days
It must be borne in mind that the campaign period shall NOT include the day before and the day of the election.
Campaign Period for the May 2025 Philippine Elections
For the May 2025 elections, the COMELEC issued Resolution No. 10999 which sets the election period from January 12 to June 11, 2025. Meanwhile, the campaign period is cited below:
For Senators and Party-List Groups: February 11 to May 10, 2025
For Member of the House of Representatives, parliamentary, provincial, city and municipal officials: March 28 to May 10, 2025
Furthermore, campaigning on Maundy Thursday (April 17, 2025) and Good Friday (April 18, 2025) is prohibited.
Unlawful Election Campaign
It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period (Sec. 80, Omnibus Election Code). Determining the campaign period is important because certain partisan political activities are prohibited outside the campaign period. Any election campaign or partisan political activity for or against any candidate outside of the campaign period herein provided is prohibited and shall be considered as an election offense punishable under Section 263 and 264 of the Omnibus Election Code [RA 7166, Sec. 5].
Allowed Activities Outside of the Campaign Period
Nevertheless, the following political activities are permitted outside the campaign period:
- those performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, aggroupment or coalition of parties.
- public expressions or opinions of probable issues in the forthcoming elections or on attributes of or criticisms in a forthcoming political party convention.
Definition of Candidate for Purposes of Election Campaign
Pursuant to Sec. 15 of Republic Act No. 9369, 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. Thus, in the case of Penera vs. COMELEC, G.R. No. 181613, 11 September 2009, the Supreme Court ruled that a candidate is liable for an election offense only for acts done during the campaign period, not before and held:
“True, that pursuant to Section 15 of Republic Act No. 8436, as amended, even after the filing of the COC but before the start of the campaign period, a person is not yet officially considered a candidate. Nevertheless, a person, upon the filing of his/her COC, already explicitly declares his/her intention to run as a candidate in the coming elections. The commission by such a person of any of the acts enumerated under Section 79(b) of the Omnibus Election Code (i.e., holding rallies or parades, making speeches, etc.) can, thus, be logically and reasonably construed as for the purpose of promoting his/her intended candidacy.
When the campaign period starts and said person proceeds with his/her candidacy, his/her intent turning into actuality, we can already consider his/her acts, after the filing of his/her COC and prior to the campaign period, as the promotion of his/her election as a candidate, hence, constituting premature campaigning, for which he/she may be disqualified. Also, conversely, if said person, for any reason, withdraws his/her COC before the campaign period, then there is no point to view his/her acts prior to said period as acts for the promotion of his/her election as a candidate. In the latter case, there can be no premature campaigning as there is no candidate, whose disqualification may be sought, to begin with.
Third, in connection with the preceding discussion, the line in Section 15 of Republic Act No. 8436, as amended, which provides that “any unlawful act or omission applicable to a candidate shall take effect only upon the start of the campaign period,” does not mean that the acts constituting premature campaigning can only be committed, for which the offender may be disqualified, during the campaign period. Contrary to the pronouncement in the dissent, nowhere in the said proviso was it stated that campaigning before the start of the campaign period is lawful, such that the offender may freely carry out the same with impunity.
As previously established, a person, after filing his/her COC but prior to his/her becoming a candidate (thus, prior to the start of the campaign period), can already commit the acts described under Section 79(b) of the Omnibus Election Code as election campaign or partisan political activity. However, only after said person officially becomes a candidate, at the beginning of the campaign period, can said acts be given effect as premature campaigning under Section 80 of the Omnibus Election Code. Only after said person officially becomes a candidate, at the start of the campaign period, can his/her disqualification be sought for acts constituting premature campaigning. Obviously, it is only at the start of the campaign period, when the person officially becomes a candidate, that the undue and iniquitous advantages of his/her prior acts, constituting premature campaigning, shall accrue to his/her benefit. Compared to the other candidates who are only about to begin their election campaign, a candidate who had previously engaged in premature campaigning already enjoys an unfair headstart in promoting his/her candidacy.”
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