To Give What is Due

The Philippines is one of the countries around the world that has the most colorful elections. Propagandas clash in public advertisements through creative television commercials, catchy election jingles and crazy slogans. The whole campaign period is a fiesta and is an uncontrollable splurge for some of those who are running to power. Thus, giving those who have the enough machineries and money to dominate the airwaves and other medias of their irritating campaigns and false promises.

The laws of the country strictly emphasizes that every individual should be given the fair chance to participate to elections may he be the voter or the to be elected individual. The legislation also created the Republic Act No. 9006, titled: "AN ACT TO ENHANCE THE HOLDING OF FREE, ORDERLY, HONEST, PEACEFUL AND CREDIBLE ELECTIONS THROUGH FAIR ELECTION PRACTICES," to control the campaign and election proceedings [1]. It aims to manage the expenditures of those who will run for the goal of having reasonable expenses. Moreover, the Commission on Elections (COMELEC) put a ceiling of total expenses to give a fair and equal play and fight for the candidates. This provision of the COMELEC is supported by the Section 2 of the RA 9006 which states that:

“The State shall, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of media of communication or information to guarantee or ensure equal opportunity for public service, including access to media time and space, and the equitable right to reply, for public information campaigns and fora among candidates and assure free, orderly, honest, peaceful and credible elections.

The State shall ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination.”

With concern to the case of Laguna’s Ex-Governor Emilio Ramon “ER” Ejercito, he was charged of too much expense for his campaign. He went beyond the recommended ceiling of the COMELEC’s provision of P 4.5 million [2]. It was discovered that his whole campaign cost him P23.5 million, which was almost six times the should be total expenses. Due to such revelation, he was disqualified and removed to his position. The 12 out of 14 justices (two are on leave) voted that his disqualification should be served due to the violation he had incurred [3]. The Supreme Court exclaimed that such actions during the period is a clear violation of the provision of the COMELEC and it is a manifestation of unequal and unfair practice in the campaign for he totally dominated the proper campaign format.

Such decision made by the Supreme Court could be classified as harsh. However, it is their duty to uphold what is right and follow the law. It is true that Ex-Governor ER served the position for years since the last election. He was upholding his duties and responsibilities as stated to what he should do. However, may it be all in good faith, his previous actions are totally contrary to what the law prescribes. He failed to recognize and respect what the law says.

If I would be given the position to change the tides for him, I would not consider removing him in position. With all due respect to the law regarding the fair practice in election campaigns, I find it a bit bias for those who have the excess machinery and money to conduct a greater campaign tactics. It is not their problem that their opponents don’t have the enough capacity to conduct a campaign as expensive as to what they could do. The definition of fair management of campaigns may vary to the people concerning it. For those who are capable of exceeding their normal capacity, it would be unfair for them if they would be limited on engaging to what they could go further. Such provisions lay down by the legislation and COMELEC is a bit fluid. It has no solid grounds for it defined fairness on a single point of view. But with all these concerns and means for the Ex-Governor ER for what had happened to him, everything will just fall down to the latin maxim, dura lex sed lex. The law may be harsh but it is the law.

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[1] http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA9006

[2]http://www.gmanetwork.com/news/story/363371/news/regions/disqualified-gov-er-ejercito-leaves-post-temporarily-upon-erap-s-advice

[3] http://www.gmanetwork.com/news/story/389640/news/nation/sc-junks-er-ejercito-s-motion-vs-disqualification