Monday, April 15, 2019

Campaign propaganda in public 
transport illegal, says Comelec 

TAGBILARAN CITY, Bohol, April 13, (PIA)—Are tricycles regulated for public transport by local government units allowed to carry election campaign posters? 

The Commission on Elections (Comelec), through its Resolution 10294, promulgated April 11, 2018, based on the Fair Elections Act which regulates the publication or broadcast of political advertisements and propaganda, says no. 

The same resolution says, during the campaign period, it is prohibited to put up campaign propaganda in public places including public transport vehicles owned and regulated by the government, such as the Light Rail Transit, Metro Rail Transit and the Philippine National Railways and the like, according to the specific Comelec resolution. 

While public transport vehicles are publicly owned, putting up campaign propaganda on them ups the advantage for incumbent candidates whose tasks include regulating these public transport. 

Tricycles serving as public conveyance may not be controlled by the national government as their regulation sits in the local government unit, putting up campaign propaganda on these vehicles is already a clear violation of the Fair Elections Act, according to Comelec authorities. 

Also included in the prohibition are buses, mini-buses, jeepneys, which may be regulated by the Land Transportation Office and the Land Transportation Franchising Regulatory Board, and could be tagged to the owner and operator who put up the campaign material. 

In Bohol, towns regulating tricycles have been observed to have looked the other way especially when the three wheeled public transport vehicles put up campaign posters of incumbents and national senatorial candidates who have had their sorties here. 

Now, who should be held responsible for such election act violations? 

According to section 263 of the Omnibus Election Code, the principals, accomplices, and accessories, as defined in the Revised Penal Code, shall be criminally liable for election offenses. 

It said, if the one responsible is a political party or an entity, its president or head, the officials and employees of the same, performing duties connected with the offense committed and its members who may be principals, accomplices, or accessories shall be liable, in addition to the liability of such party or entity. 

For those found guilty of any election offense under this Code, the law says they shall be punished with imprisonment of not less than one year but not more than six years and shall not be subject to probation. 

Moreover, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. 

Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand pesos, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty. 

To help in reporting these violations, Comelec said they may be informed of such violations via Twitter, Facebook, or Instagram, using the hashtag #SumbongSaCOMELEC. 

On Twitter, Comelec said reports should include the date when the picture was taken, location of the illegal campaign material, and indicate whether it was oversized or misplaced. 

Reports may also be sent via email through talktocomelec@gmail.com, Comelec said. (rahc/PIA-7/Bohol) 

FREE RIDE. Candidates putting up their campaign posters on tricycles and public transport, when found guilty can be jailed, and the principals would be permanently banned from any elective office, says the Comelec. (PIABohol) 

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