Metro Manila, Philippines – Amid the mudslinging, the Commission on Elections said there are limits in law even as negative campaigning is generally allowed.
“Yun kasing Omnibus Election Code natin ng 1985 pinapayagan ang negative campaigning. Of course, noong panahon na ‘yun hindi pa sophisticated ang campaigning negatively,” Comelec Chairman George Garcia said in a chance interview with reporters at the Comelec headquarters in Manila on Monday, Feb. 17.
[Translation: Our Omnibus Election Code of 1985 allows negative campaigning. Of course, during that time, negative campaigning was not yet sophisticated.]
“Subalit kung bordering on something which is already criminal edi dalawa po ang pupwede, either idisqualify ang kandidato and at the same time criminal case mismo laban doon sa kandidato na involved,” Garcia added.
[Translation: However, if it borders on something that is already criminal, then there are two possibilities: either the candidate will be disqualified, or a criminal case will be filed against the candidate involved.]
In a text message to NewsWatch Plus, Garcia clarified that candidates may be disqualified for violating the Fair Election Act, which mandates that the state “shall ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination.”
Meanwhile, Garcia said possible criminal cases include libel and cyberlibel, noting that these are handled by the Department of Justice and state prosecutors.
Garcia was also asked about former President Rodrigo Duterte’s joke that certain senators should be killed to make way for his senatorial bets.
Garcia said while citizen Duterte may no longer be liable for violating the Code of Conduct and Ethical Standards for Public Officials and Employees, his comments could have national security implications.
“Sa part talaga ng Comelec, we will always respect the freedom of expression ng lahat ng mga supporter, lahat ng mga sumusuporta doon sa isang kandidato o partido politika,” Garcia said.
[Translation: On the part of the Comelec, we will always respect the freedom of expression of all supporters, including those backing a particular candidate or political party.]
He, however, added: “There is always a very thin line between constitutional guarantee of the freedom of expression and speech and certain limitations to it.”
