False Start: A Saga of Premature Campaigning in the Philippines

Art by Ree Bancod

Prologue: 

Green means go. In sports, a signal, whether visual or auditory, relays the start of the competition to the participants. In Formula One, blinking red lights indicate the beginning of the race. In track meets, sprinters carefully take note of a gun going off to know when to start running. In swimming, a beep cues the swimmers to jump and dive into water. These signals ensure fairness for all participating athletes of a particular sport. Failure to comply with this condition, such as a false start (beginning prior to the start signal), may lead to disqualification. 

Yellow means slow down. In the Philippines, a practice that resembles a ‘false start’ is evident. The 2025 Midterm Elections are drawing closer and the competitive nature of political promotion is already emerging – even before the mandated period of campaigning. If you take a ride along the bustling roads of Commonwealth Avenue or EDSA, big billboards from the sides of both north-bound and south-bound lanes are occupied with promotional materials paid for by aspiring candidates. As early as the fourth quarter of 2024, incumbent officials and candidates running for national office are already marketing themselves, preceding the February 2025 campaign period set by the Commission on Elections (COMELEC). This continuing practice causes the intent of these politicians to be constantly questioned. A doubt that wonders if these are plain marketing strategies that set the tone for the actual campaigning, or if these are employments of political propagandas targeted to proliferate in the political culture of a country that is built upon patronage and name recall.

Saga I: Are Rules… Arbitrary? 

Red means stop. Premature Campaigning is any act committed by a political candidate that seeks to promote his or her candidacy before the prescribed official campaign period, which is typically 45 days prior the elections for local candidates, and 90 days prior the elections for national candidates. The Philippine law, with reference to the provisions under the 1987 Philippine Constitution and the Omnibus Election Code (Batas Pambansa Blg. 881), prohibits this act and considers it a violation of fair elections. 

Section 26, Article II of the 1987 Constitution delineates that the state must ‘guarantee equal access to opportunities to public office’, a reason why campaigning must begin at a certain time – to establish an equal footing for every political candidate – so that no aspirant is more advantageous than the other. 

Similarly, Section 80 of the Omnibus Election Code (Batas Pambansa Blg. 881) dictates that it remains unlawful for any party and person, regardless of being a voter, a candidate, or none of the aforementioned, to take part in partisan political activities and election campaigning outside the authorized campaign period. 

Any political party or candidate that executes any action with the intent of campaigning, way before the given dates, shall then be subjected to disqualification. However, even after decades have passed, premature campaigning remains a habit for many candidates during the elections – all because of lapses in the law. 

Referee’s cards, reversed. Many ball sports, including volleyball, football, and soccer, provide the referee with a set of cards. A yellow one is a warning while a red one is a penalty. Once hoisted by the referee, the ruling becomes final, unless otherwise challenged by the player. The same can be said with the reversal of a ruling done by the COMELEC that pointed out the origins of the lapses in the law regarding premature campaigning, tracing back to the 2009 case of Penera v. COMELEC and Andanar, G.R. No. 181613. To provide a brief history of the case, both Penera and Andanar were candidates for the mayoral position of Santa Monica, Surigao Del Norte during the 2007 national elections. On the way to file her certificate of candidacy, Penera organized a motorcade rally that transpired outside the campaign period. A reason for Andanar to file a petition to disqualify Penera on grounds of premature campaigning. Penera won the mayoral seat which she assumed office in July 2007. In the same month, a resolution was provided by COMELEC’s Second Division, which disqualified Penera from being a mayoralty candidate due to her supposed involvement in premature campaigning that violated Sections 68 and 80 of the Omnibus Election Code. Penera filed for a motion for reconsideration, only to be denied by the COMELEC in January 2008. Come September 2011, the Supreme Court affirmed the ruling of COMELEC, but later on shifted and granted the petition of Penera, thereby repealing the ruling of COMELEC. 

The law that was fundamental in increasing the chances of Penera’s petition to be considered, and a law that reshaped the terms and conditions of premature campaigning, is Section 13 of the Republic Act No. 9369. Known as the Automated Election System Law that amended Section 15 of the Republic Act No. 8436, RA No. 9369 states that a candidate that is campaigning prior the campaign period is no longer an unlawful act and a reason for disqualification. The act explicates that the filing of one’s candidacy is the key determining factor that transfers the responsibilities of being a candidate to the political aspirant. Meaning to say that a person's filing of candidacy does not necessarily mark them as a candidate. He or she will only be considered as one, and the unlawful acts during campaign will only count, once the campaign period commences. This ruling emphasizes that any acts of campaigning, even before the designated period, will no longer be illegal. It is with this act, and the Penera ruling, in which political candidates found a loophole to continue premature campaigning. 

A not-so-‘fair’ play. The aim of a sport’s rulebook is to establish a codified guide for everyone involved in the game, likewise, an effort to ensure that fairness is observed. However, the supposed guiding principles in fine print can still be manipulated between the lines. This is evident through the campaign proceedings loophole further discussed by Lila Ramos Shamani’s 2015 article. Shamani notes that the amendment of RA No. 9369 now disregards the validity of premature campaigning as a matter for disqualification, therefore allowing political candidates to electioneer at an earlier timeline. While an official campaign period is set to make it equal for all candidates, the provision being altered only gives way for the gap between the rich and the poor candidates to be wider, the advantage of the incumbent leaders to be bigger, and the chances of spending millions-worth of funding for campaign paraphernalia to be higher. In the same article, Atty. Kenji Aman of the Legal Network for Truthful Elections (LENTE) made it clear that despite the idea that all participating candidates may enact premature campaigning, given that it is now legal, the act itself still breeds political inequality since only richer candidates with heftier fiscal budgets can afford television and radio airtime. In a situation where incumbent leaders that are seeking re-election have the upper hand regarding exposure, political dynasties possessing big political machinery, and aspiring public officials taking over with their major spending on campaign materials, can we truly say that our elections are fair?

Saga II: Contenders in a Political Playground 

Strikers versus defenders. An athlete’s position in the playing field can easily equate the power that they have, either on the defense or the offense. The striker often attempts to enter an area already guarded by the defender. It is comparable with the difference in the campaigning strategies enforced by incumbent government officials when assessed against newer candidates. With the ever-changing campaign practices came newer subliminal methods of campaigning; some of them prove to be hard to determine. Rappler Communities users and election watchdogs have enlisted many schemes that politicians have been using that could count as premature campaigning. One of which is through direct services and aid-giving, often employed by incumbent leaders or public officials who are targeting re-election. More often than not, government programs, towards the end of the administration or near the election period, are credited more towards the politician rather than the government agency involved. While the politician is not directly campaigning his candidacy, his agency is already building a presence that could fortify name recall amongst voters. 

Shaping narratives, strengthening presences. A UP professor, journalist, and convener of Kontra Daya, Danilo Arao, exemplifies this by referring to Alagang Marikina’s sacks of rice being given away by the local government headed by the Teodoros. In the same locality, the Quimbos plaster letter ‘Q’ along city infrastructures and other public projects in order to claim their work. This is not a novel observation in Philippine politics. If one would take their time when traversing the roads of the metro, political labels and colors plastered on public infrastructures are very common. With ease, a government project funded by the people can instantly be attributed to a political figure. Workers Electoral Watch’s Rochelle Poras recalls how then senatorial-candidate, Senator Bong Go, politicized the implementation of Malasakit Centers. Senator Go constantly branded these Malasakit Centers as his own initiative, coupled with his posters in said health centers, and his presence during every center’s launch. . It is with the way that Pasay’s footbridges are pink and that Caloocan is painted orange in which their respective local governments benefit from by slowly building their presence and constantly reminding voters who to ‘thank’ for. While public servants shape narratives befitting their re-election campaigns prior to the election through government services, media outlets also take time to shift the perspectives of the voters

Sensationalizing profiles, shifting perspectives. The advent of modern technology also transcended into the field of politics. Recently, users on the social media application X, formerly Twitter, unearthed a pattern in a newspaper and media outlet’s postings. Both Poras and Arao shared sentiments regarding candidates from known political families’ increasing presence in media outlets. An apparent example is the Philippine Daily Inquirer’s comprehensive reportage of the Villar family, particularly of Camille Villar. Camille is the political dynasty’s fourth member who is vying for a seat in the country’s legislative chamber. On the other hand, former Department of Interior and Local Government (DILG) Secretary Benhur Abalos took advantage of GMA Network’s prime time shows through his cameos and appearances, including a ‘Benhur Abalos Life Story’. Abalos and Villar’s utilization of media networks and news outlets’ expansive reach all contribute to the image they are trying to build for the coming elections—an effort to campaign. 

Saga III: A Question For The System 

Will the referee whistle? The responsibility for each judgement made in sports all lies in the referee of the umpire. Poised as the rule-enforcer, it is always up to the referee to oversee the unfolding of the game and flag any offenses deemed penalizable. For Philippine politics, the COMELEC is in control of monitoring the candidates’ practices. Since we have entered an era wherein politics is intertwined with technology, new ways to execute political campaigns are emerging – from a series of appearances on television dramas to a curation of news articles for establishing good publicity. The act of campaigning has gone beyond the typical ‘vote for’ posters and grand motorcades. A different narrative is told for incumbent politicians that make use of their political branding, labels, and colors, in reminding their constituents of their political presence. Some public servants even go to the extent of claiming credit over government-funded projects. We are moving forward with premature campaigning tactics that are no longer limited to the traditional flyers and advertisements, yet with all this fiasco, what does the COMELEC have to say? 

On the offside. Referring to a region where the ball is not allowed or valid to be in, the offside represents the ‘illegal’ areas of the playing field in soccer or hockey. While boundaries in sports remain clear, the borders referring to the extent of the illegality of campaign practices in the Philippines can be blurry. COMELEC, in 2019, clarified that premature campaigning is not illegal. While candidates promoting their candidacy before the allotted period can be considered premature campaigning, the act itself is not punishable by law. Former COMELEC Spokesperson James Jimenez says that “you might find it distasteful, but technically there is no violation of the law". COMELEC added that the campaign materials posted earlier than the given period of campaigning will only be considered illegal once the official campaign period is initiated. The commission is aware of this political strategy, how it builds recall amongst voters and how it is taken advantage of by many candidates. As unfair as premature campaigning can be, the loopholes in the law allow candidates to conduct this practice legally. The loophole includes the Supreme Court’s ruling on Penera’s 2009 petition against the COMELEC and Andanar (G.R 181613). The landmark ruling served as the basis for today’s campaigning rules and regulations, disregarding premature campaigning as a campaign violation. This position of the COMELEC, as a constitutional commission, cannot enforce sanctions on candidates that commit pre-electioneering. This renders them powerless against the country’s highest court over the matter. COMELEC Chairman George Garcia admits that there is a fault in the Supreme Court’s ruling; however, he maintains that the COMELEC is in no position to disobey the orders of the Supreme Court. 

Epilogue: 

Ready, get set, go. The campaigning period for the 2025 Midterm Elections has officially started, opening an avenue for voters to criticize and resonate with the promotional materials of various political candidates. It is only right that each and every candidate is given ample time to express their advocacies and credentials to the masses so that voters are encouraged to form their own informed decisions once ready to cast their own ballots. That is, if the campaign period is truly set as a level playing field for each participating candidate. For our country, premature campaigning is already part of the electoral proceedings. Despite now being legal, commissioners and lawmakers must reconsider how detrimental it could be to the election process. Early campaigning only widens the gap between polarized candidates – candidates from varying backgrounds and power structures. Authorities must realize how this disparity is no longer promoting political equality and is rather endorsing the opposite. As candidates hailing from politically influential camps take on the advantage of early campaigning, those who do not belong in that particular echelon are left behind. This furthers the inability of a diversified representation of a certain population to pierce through the dynastic walls of politics. How is this situation still considered a conduct of ‘fair election’? This emphasizes how important it is for premature campaigning to be considered as an electoral offense.

Viewer’s discretion is advised. Voters, themselves, must remain wary of the various schemes in which premature campaigning transpires. Seeing the recent efforts of candidates to blend their political intent into the daily lives of Filipinos, building relatable characters on television screens or painting pristine images one article at a time, every voter must carry with them a healthy level of skepticism—a skepticism that does not distrust everything, but a skepticism that seeks the truth in everything. Aside from the evolving campaign practices, voters must take note of the top spenders in election campaign materials, even prior to the set period of campaigning. If a certain candidate is able to spend billions of pesos on their campaign, how many years in office would it take for them to break even? 

In the name of fair play. For a country that is making a mark on recent Olympics and Asian Games, a country that loves basketball to the point of making it the unofficial national sport, rules and regulations are meant to be adhered to. Given that a false start, in most sports’ rulebooks, is a ground for disqualification, it is an optimistic ambition for the country to gain the same level of discipline during elections. In the ‘game’ called Philippine Politics, the COMELEC, at the very least, should ensure proper campaigning procedures to maintain a fair playing ground for every participating candidate. It is high time for aspiring public servants to practice fairness as early as before the campaign season. It is an opportunity for them to show their authentic intent in serving the public, and not only catering to their private interests.

These candidates seeking power in national posts must show how they can be of use for the betterment of the Philippines without exploiting constitutional loopholes and capitalizing off of the concepts of indebtedness and name recall that is well engraved into the Filipino psyche.