The Commission on Elections (Comelec) on Saturday said it cannot file charges against an election aspirant who distributed money to the public, as this action falls outside the designated campaign period.
Comelec Chairman George Garcia said the incumbent official from Negros Oriental, who was seen in a viral video showering spectators with P500 bills, “did not technically violate” any election laws.
In an interview over Super Radyo dzBB, Garcia said the provincial official is currently regarded as an “aspirant” rather than a candidate, as the campaign period for local elective positions does not commence until March 28.
He cited a Supreme Court ruling known as the Peñera Doctrine, which clarifies that an individual who submits a certificate of candidacy is only recognized as a candidate once the campaign period officially starts, thus making them subject to election regulations.
However, the poll body chief said that residents or the Department of the Interior and Local Government (DILG) have the option to file a complaint.
“The DILG can also submit a complaint, and any resident, occupant, or individual from the area is entitled to do the same,” Garcia said.
“Our appeal to voters is that when candidates, whether they are incumbents or not, behave in such a manner—it is their choice whether to support individuals who exploit the hardships faced by some citizens,” he added.