City official denies early campaigning claims

By Joseph B.A. Marzan

 

An Executive Assistant (EA) of Iloilo City Mayor Jerry Treñas dismissed claims that he was campaigning for the 2022 local elections after tickets for food pack distribution activities was emblazoned with his face and name and that of another fellow EA.

The distribution activities were organized by Rudiver Jungco Sr., Executive Assistant for Youth and Sports; and Fernando Jose “Boyet” Rico, Executive Assistant for Barangay Affairs, in partnership with the Sangguniang Kabataan (SK) Federation officials of the districts in Iloilo City

The project was said to be part of continued efforts to help indigent residents of the city amid the coronavirus disease 2019 (COVID-19).

The tickets were distributed to determine the number of beneficiaries who will receive the food packs.

The tickets included the faces and names of Jungco and Rico and the quotes: “Nag-dako kita nga imol, nabatyagan naton ang ila balatyagon, sila ang aton prioridad. Gani, aton napasiguro, ululupod kita tanan.” (We grew up poor, we feel what they feel, they are our priority. We will make sure that we are all in this together.), and “No one will be left behind.”

A Facebook post by the SK of La Paz district thanked Jungco, Rico, and the mayor’s son, Miguel Treñas.

The three are already being floated to run as councilors in the upcoming elections as they joined the mayor in another activity late last year, together with other city officials.

That event sparked ire among netizens online after it was observed that social distancing was not observed during the event and during group photo sessions, prompting Mayor Treñas to apologize the next day.

Rico’s face and that of the Mayor’s image were also seen in tarpaulins hanging in public places around the city during the Christmas holiday season last year.

In an interview with Aksyon Radyo Iloilo, Rico denied claims of “early campaigning”, saying that there was nothing wrong with the tickets.

He said it would have been wrong if they withheld the aid and that the word “VOTE” was not even in the tickets.

“We gave out tickets for the SK programs throughout the city of Iloilo because we met with them on their concerns, together with [Jungco]. We asked assistance from the mayor and he granted our assistance, saying that we needed to give out tickets to control the number of residents. We informed [the SK officials] about the tickets. What’s wrong with that? It would’ve been wrong if we hid the aid,” Rico said in a phone interview.

 

LEGAL BASES

Rico may be right in saying that he was not doing “early campaigning”, as the law does not prohibit such acts.

Laws on election campaigns are stipulated in Batas Pambansa Bilang 881 or Omnibus Election Code, Republic Act No. 7166, RA 8436 (Poll Automation Law, as amended by RA 9369), and RA 9006 (Fair Elections Act, as amended by Rep. Act No. 11207).

Atty. Joenar Pueblo, a law professor at the University of San Agustin, told Daily Guardian that there is “no such thing” as early campaigning when it comes to election laws.

Pueblo cited paragraph 3 of Section 13 of Rep. Act No. 8436, as amended, which states that “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”.

He also cited several Supreme Court cases, including the 2006 case of Lanot vs. Commission on Elections (COMELEC) and the 2009 case of Panera vs. COMELEC.

Both cases alleged charges of “premature campaigning” for previous elections, albeit in different circumstances, where the high court cited the said provision under Rep. Act No. 8436 in refuting the said charges.

“Legally there is no such thing as early election campaigning considering you need to be declared a candidate first and the campaign period has to start. In [the case of] Lanot vs. COMELEC A person who files a certificate of candidacy is not a candidate until the start of the campaign period. In the case of Panera vs. COMELEC, the Supreme Court stated that a candidate is liable for election offenses only upon the start of the campaign period,” said Pueblo.

Pueblo added that while Jungco and Rico may not be liable for election offenses, they may be sued for Usurpation of Authority under Article 177 of the Revised Penal Code.

“In as much as it was done in bad taste and with clear intention of projecting themselves as future candidates, even assuming ‘arguendo’ that there was the word ‘VOTE’ they will not be held liable for any violation of election laws. However, they may be sued for Usurpation of Authority or Official functions for falsely posing to have authorized the release of the ticket for food pack distribution,” he said.