Republic of the Philippines COMMISSION ON ELECTIONS Intramuros, Manila DOCUMENT NO. __23- (644 LAW DEPARTMENT Claw - 29-05% [12706) MEMORANDUM To : ATTY. LIONEL MARCO R. CASTILLANO Provincial Election Supervisor IV Negros, Oriental ‘opes_negor@comelec.gov.ph SUBJECT INQUIRY ON WHETHER OR NOT VOTERS WEARING CAMPAIGN T-SHIRTS ON ELECTION DAY ARE NOT ALLOWED TO VOTE DATE : 05 May 2022 This has reference to your Memorandum dated 04 May 2022, which was received by this Department on even date. Pertinent portions thereof read: L.. This pertains to the memorandum of the Executive Director whereby it stated that wearing of campaign T-shirts of candidates is not allowed. Undersigned understand that there is no campaigning on the day before and on Election day. However, Governor Roel R. Degamo of this province is asking that supporters of his rival wearing campaign T-shirts on election day should not be allowed to vote for violating the said ‘memorandum and the Fair Elections Act. It is im this light that undersigned respectfully request for legal opinion on this matter and its proper disposition of this situation. J Sections 79 and 80 of Batas Pambansa Bilang 881, otherwise known as the “Omnibus Election Code (OEC)", and Section 5 of Republic Act No. 7166 entitled "An Act Providing for Synchronized National and Local Elections and For Electoral Reforms, Authorizing Appropriations Therefor, and For Other Purposes” pertinently provide: Section 79 of the O} “Sec. 79. Definitions. - As used in this Code. Page tot() The term “election campaign" or "partisan political activity" refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office which shall include: xxx (5) Directly or indirectly soliciting votes, pledges or support for or against a candidate. xxx jon 80 of the OEC “Sec. 80. Election campaign or partisan political activity outside campaign period. - It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period: x x x” Section 5 of RA No. 7166 “Section 5. Election and Campaign Period. -x x x xxx However, in the preparation of the election calendar, the Commission may exclude the day before the day of the election itself, Maundy Thursday and Good Friday. Any election campaign or partisan political activity for or against any candidate outside of the campaign period herein provided is prohibited and shall be considered as an election offense punishable under Section 263 and 264 of the Omnibus Election Code. (emphasis ours)” In connection to the above-quoted provisions, Section 261 (k) of the OEC states “Section 261. Prohibited Acts. - The following shall be guilty of an election offense: xX (&) Unlawful electioncering. - It is unlawful to solicit votes or undertake any propaganda on the day of registration before the board of election inspectors and on the day of election, for or against any candidate or any political party within the polling place and within a radius of thirty meters thereof. (emphasis ours) wax” The said provisions are being implemented by COMELEC Resolution No. 10730 entitled “Rules and Regulations Implementing Republic Act No. 9006, Otherwise Known as the “Fair Election Act’, in Connection with the May 9, 2022 National and Local Elections” promulgated on 17 November 2021. Sections 1.4, 3, and 41 thereof read: Page 20f4From the foregoing, this Department submits by any person or voter on the day of the election within the polling place and within a radius of thirty meters thereof is clearly considered as engaging in an “election campaign” or “partisan political activity” as it promotes the election of a particular candidate to a public office which constitutes a violation of Section 80 in relation to Sections 261 (k), and 264 of the OEC SECTION 1. Definitions - As used in this Resolution. 4. "Election campaign" or “partisan political activity" refers to an uct designed to promote the election or defeat of a particular candidate or candidates to a public office, and shall include any of the following: a. Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate; b. Creating on any social media platform, user groups or community pages for the purpose of conducting campaigns or related partisan political activity; c. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate; d. Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office; ¢. Publishing, displaying or distributing campaign literature or materials designed to support or oppose the election of any candidate; or f. Directly or indirectly soliciting votes, pledges or support for or against any candidate. Personal opinions, views, and preferences for candidates, contained in blogs and micro-blogs shall not be considered as acts of election campaigning or partisan political activity unless expressed by government officials in the Executive Department, the Legislative Department, the Judiciary, the Constitutional Commissions, and members of the Civil Service Xxx SECTION 3. Prohibited Campaigning. - It is unlawful for any person or for any political party, or association of persons to engage in an election campaign or partisan political activity on Maundy Thursday (April 14, 2022), Good Friday (April 15, 2022), the eve of election day (May 8, 2022) and on Election Day (May 9, 2022). (emphasis ours) Xxx SECTION 41. Election offense.- Any violation of Fair Elections Act and these Rules shall constitute an election offense punishable under the first and second paragraph of Section 264 of the Omnibus Election Code and other pertinent laws, rules and regulations, whenever applicable. The Commission, shall through its duly authorized legal officers, have the power, concurrent with other prosecuting arms of the government, to conduct preliminary investigation of al election offenses and prosecute the same Page sot hat the wearing of campaign t-shirts,Nonetheless, the said qualified voters cannot be deprived to vote solely on the said reason since the right of suffrage is a fundamental right guaranteed by the 1987 Philippine Constitution, and recognizes the people as the only source of sovereignty which all government authority comes from. Section 1 of Article V thereof reads: “SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. We hope we have ‘guided you accordingly.” Finally, we highly advise the public to file the appropriate complaint and other supporting documents or affidavits of witness/es, before this Department, concerned Office of the Provincial Election Supervisor (OPES), or concerned Office of the Regional Election Director pursuant to Sections 3 and 4 of Rule 34 of the COMELEC Rules of Procedure and COMELEC Resolution No. 10673 dated 25 June 2020 entitled “In Re: Guidelines on Electronic Filing, Conduct of Hearings/Investigations/Inquiries via Video Conference and, and Service or before any other prosecuting arms of the government under Section 43 of Republic Act No. 9369 against any person or voter wearing campaign t-shirts on the day of election within the polling place and within a radius of thirty meters thereof. We hope we have guided you accordingly. Thank you very much. Bie ATTY. MARIA NORIN. ss Director IV Lo/Memo/law-22-12553 Page dot