The Commission on Elections should require television stations that have aired the life story of any candidate before the start of the campaign period to extend the same privilege to other candidates, said lawyer Romulo Makalintal.

According to him, Chairman Sixto Brillantes has admitted that “airing the episodes of the life story of a senatorial candidate is obviously campaigning” but discounted premature campaigning because under Section 13 of Automated Election Law, “unlawful acts applicable to a candidate shall take effect only upon the start of the campaign period” which starts on February 12 for national candidates and March 29 for local bets.

“I believe the Comelec can do something to level the playing field between the rich and the poor candidates,” Makalintal said.

Under Section 6 of the Fair Election Act, Comelec is mandated to supervise the use and employment of mass media entities to ensure that candidates are given “equal opportunities under equal circumstances to make known their qualifications,” he noted..

While the law provides that they are considered as “candidates” only at the start of their campaign period, such provision applies only to “unlawful acts or omissions” committed before the campaign period. But, for all other intents or purposes, they should be treated as candidates like when incurring expenses “in connection with the election” or deemed resigned upon the filing of COC in cases of government employees, because the definition of a “candidate”, as one who files a COC under Section 79 of the Omnibus Election Code, has not been changed by the AEL.

“Thus, if a candidate paid for the airing of his life story before the campaign period, then any other candidate may also ask the TV station for similar treatment provided he pays the same amount,” he said. ” If no payment was made in airing the biopic, then the same could be considered as a donation and the other bets may also demand from the TV station that similar time be donated to them.”

In all instances, the expenses or cost of donation for such TV show shall be included in the Statement of Electoral Contributions and Expenditures of the concerned candidate, he said.

“In other words, political advertisements of these candidates which they aired since they filed their COCs in October 2012 are required to be included in their SECE since these are ‘expenses incurred in connection with the 2013 elections.’

Makalintal said the length of time of such TV episode may likewise be counted against the airtime allotted for said candidate since the law (Sec. 14, RA 9006) required report of “expenses in connection with the election” and not only expenses in connection with or during the campaign period.

“To rule otherwise will open the floodgates of circumventing the law on expenses of and contributions received by candidates for all they have to do is claim that these were incurred or received before the start of the campaign period, hence, will not report them anymore,” he said.

“This will be very unfair to poor and neophyte candidates who cannot afford the cost of expensive political advertisements before the campaign period starts, thus, making the Fair Election Law unfair to other aspirants.”

Source: http://manilastandardtoday.com/2013/02/08/comelec-should-be-fair-to-all-candidates/