MIRIAM SEEKS COMELEC RULE ON POLL ADS

“It is a mockery of the law to start campaigning two years before the 2010 elections. The Election Code bans any election campaign outside the campaign period,” the senator said.

Santiago, a constitutional law expert, said politicians conducting premature campaigns under the pretense of commercial endorsements violate the equal protection clause of the Constitution.

“Until the Comelec makes a categorical interpretation of the Election Code, the rich and powerful candidate will enjoy an unfair advantage over the poor candidates. This is not allowed under the equal protection clause,” she said.

Santiago said that the Supreme Court condemned premature campaigns in the 2004 case of Chavez v. Comelec, and the 2006 case of Lanot v. Comelec.

“In both cases, although it denounced premature campaigns, the Supreme Court stopped short of declaring it a criminal offense and ordering the prosecution of violators, because there is a conflict in the law,” Santiago said.

Santiago pointed out that under the Election Code Sec. 79, the ban on premature campaign applies only to a person who has filed his certificate of candidacy.

The senator added that by contrast, Sec. 80 imposes the ban on premature campaign “on any person, whether a voter or a candidate.”

“The way out of this dilemma is to apply the rule of statutory construction that Comelec should follow the context, intent, and policy of the law, and should interpret it to avoid an absurdity.”

Santiago said that because the Comelec has failed to rule on the issue, under the primary-jurisdiction doctrine, it is the duty of the Comelec to ensure equality among candidates by declaring that a premature campaign, which is considered an election offense, should be prohibited even if the person has not yet filed his certificate of candidacy.

Santiago’s lengthy petition filed with the Comelec and fully explaining at least seven legal arguments, indicates that if she does not obtain a categorical ruling from the Comelec, she will elevate her petition on certiorari to the Supreme Court.

In her petition, Santiago also asked the Comelec to issue a temporary restraining order and a preliminary injunction against politicians, billboard firms, and TV stations, allegedly engaged in premature campaigns.

The Santiago petition is a class suit, meaning that there are no other petitioners and there are no named respondents, because both parties are so numerous that it is impractical to include them all, and the subject of the controversy is of common interest to the public.

After her petition was filed Saturday, Santiago left for New York to join President Arroyo at a dinner reception for UN ambassadors.