3 weeks ago
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February 20, 2025 | 4:00pm
MANILA, Philippines — The line between negative campaigning and what the Commission on Elections (Comelec) deems as bullying or discrimination can be thin. So, where does one end and the other begin?
As the 2025 midterm election campaign kicks off, candidates are either promoting their policy platforms or criticizing their opponents’ priorities while urging the public not to vote for them.
Under Section 79 of the Omnibus Election Code, both styles of campaigning are allowed.
Public statements — such as speeches, announcements, commentaries and interviews — supporting or opposing a candidate's election fall under what is called an “election campaign” or “partisan political activity.”
This may also be considered “negative campaigning” if a candidate or party attempts to worsen an opponent's reputation by concentrating on their perceived weaknesses concerning political matters, past records, proposals and agendas.
However, statements made within the bounds of negative campaigning that may be defamatory, libelous or slanderous fall outside Comelec’s jurisdiction, Chairperson George Garcia said.
Instead, such cases should be handled by judicial courts under laws penalizing libel and cyber libel.
Examples of defamatory statements include false criminal accusations or accusations of unethical behavior made with malicious intent.
While negative campaigning is allowed, Garcia said in Filipino in an interview with DZBB 594 on Thursday, February 20, “that it is not a license to insult, demean or belittle others.”
“Because if we do not impose these rules, we might constantly hear people being cursed at, mocked or outright degraded," he added.
What falls under Comelec’s jurisdiction?
Beyond existing laws, Comelec Resolution 11116 bans bullying, such as name-calling based on a person’s condition, such as having HIV or a disability.
The resolution also prohibits discrimination, particularly gender-based exclusion or restrictions that limit women's rights and access to opportunities. Discrimination based on ethnicity, age, poverty, religion or other status is likewise banned.
Gender-based harassment in campaigns is strictly prohibited, covering threats, unwanted advances, discriminatory remarks, privacy invasion, identity impersonation, falsehoods and persistent sexual jokes.
The resolution also outlaws labeling or “tagging” individuals, groups, or organizations as activists, subversives, terrorists, or criminals without evidence.
This includes red-tagging, or the baseless accusation of communist ties, which has been linked to real-world harm.
Committing these acts constitutes an election offense in relation to Section 261, Paragraph E of the Omnibus Election Code. It prohibits threats, intimidation, coercion and violence during the campaign period.
Other laws. The poll body drafted the resolution based on laws such as the Indigenous Peoples’ Rights Act of 1997, the Safe Spaces Act, the Philippine HIV and AIDS Policy Act, the Magna Carta for Disabled Persons, the Magna Carta of Women and various anti-discrimination ordinances.
“We just want to ensure proper conduct during the campaign period. If we don’t enforce this, it would seem like Comelec is allowing such actions,” Garcia said.
Filing of complaints. Candidates or individuals may file complaints against election rule violations with Comelec’s law department for review and investigation.
However, the poll body also has the authority to initiate legal action on its own, which is called “motu proprio,” if it detects violations of its rules.
If found guilty, the Omnibus Election Code imposes disqualification from holding public office and imprisonment of one to six years.
Instead of attacking a candidate’s identity, Garcia said campaigns should focus on providing solutions to addressing societal ills such as poverty and hunger.
