It is difficult to follow certain rules of the Commission on Elections (Comelec) in personal campaigning under the new normal, according to an election lawyer.
Under Comelec guidelines, prohibitions include shaking hands, hugging, kissing, holding hands, and taking a selfie or group picture side by side.
According to election lawyer Emil Marañon, the current rules with COVID-19 should be adjusted or made more appropriate.
“A more realistic approach po [with] regards [to] the issue of minimum public health standards sa campaigning,” said Marañon.
“For example, sinasabi na bawal kumuha ng selfie… alangan naman sabihin mo ‘hindi’ kasi bawal. Of course, Filpino culture baka sabihin ‘Ay snub ka, hindi ko iboboto ‘to,'” he explained.
All in-person campaigns must also obtain a permit from the Comelec, 72 hours or three days before the activity.
But there is a problem here, according to Marañon.
“Nakatali po ‘yong right to campaign ng kandidato with their right to free speech, so to a certain extent, medyo mahirap po maglabas ng regulation where you actually expand or make it difficult for a candidate to actually campaign,” he said.
“Comelec should actually study this regulation that they issued, whether or not compliant ba ito sa Constitution or hindi.”
Comelec guidelines on in-person campaign difficult to follow: election lawyer
He said the guidelines would also be a headache when the campaign period for local positions formally begins on March 25.
Before the Comelec campaign committee can approve the campaign permit application, the local government units must first approve it.
But many of today’s sitting local officials are also running for reelection.
Aside from the Comelec encouraging candidates and parties questioning the guidelines to write formally, the commission is also ready to engage in dialogue.
“I’m going to try to talk to them first,” Comelec spokesperson James Jimenez said.
Other candidates are careful when going around, Jimenez said.
“Some campaigns have been fairly compliant, and some have been putting forward their solutions. It’s not impossible to do,” he said.
According to Comelec, #SumbongPH can be used on social media accounts for sharing any information, photos, or videos about violating health protocols in campaigns.
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