Comelec can't stop negative campaigning

The Commission on Elections (Comelec) can't stop negative campaigning because it is allowed by law, according to the chief of the poll body.

- MAYEN JAYMALIN

"Banning negative campaigning is something we can't do because it is provided for under the Omnibus Election Code," Comelec Chairman George Garcia said yesterday.

However, Garcia said the Comelec has the power to act on candidates' issuance of statements "bordering on something criminal."

"Two things can happen - disqualification of the candidate and at the same time criminal case against the candidate involved," he said.

Garcia said Comelec is also powerless in stopping supporters of candidates and political parties from engaging in negative campaigning because they are beyond the poll body's jurisdiction.

In the case of former president Rodrigo Duterte's joke about killing incumbent senators, Garcia said, the Comelec cannot sanction him because he is not a candidate.

"For supporters, there might be some national security implication or whatever, but it's for other agencies to deal with," Garcia said.

He said Comelec always respects the freedom of expression of supporters of candidates and political parties, but exceptions provided by Supreme Court rulings must be observed.

The poll chief also noted that the cyber libel law can prevent negative campaigning on social media.

Also yesterday, the Comelec said candidates, party-list groups and their nominees found engaging in vote-buying activities face disqualification.