Comelec bars labeling of bets as part of criminal groups during poll period

Comelec headquarters in Intramuros, Manila. INQUIRER FILES

MANILA, Philippines — Labeling candidates as a member of a criminal, subversive, or terrorist group without established evidence during the election period or any election-related activities for the 2025 polls are now prohibited, the Commission on Elections (Comelec) said on Wednesday.

According to newly-promulgated Comelec Resolution No. 11116, this is part of the anti-discrimination and fair campaigning guidelines for the 2025 elections.

The resolution stated that “election-related intimidation and harassment can take various forms, including unfounded accusations, labeling or branding without basis, discrimination on the basis of political views, medical condition, gender, or disability, all of which create an atmosphere of fear and a sense of danger, discouraging participation and compromising the safety of candidates, supporters, and voters.”

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It also described “labeling” as an “act of categorizing, classifying, labeling, branding, associating, naming, and accusing individuals, groups and/or organizations as “vocal dissenters” and activists or subversive group symphatizers or terrorists, or belonging to a criminal group/syndicate without evidence, whether in-person or online, broadcast or in print, during the election period, and in connection with or in relation to any election-related activity, including but not limited to campaign activities….”

Such campaign activities include posting of articles or photos and videos online and in public areas, or publishing speeches or interviews where a candidate is labeled as a member of subversive or terrorist groups.

Comelec Chairman George Erwin Garcia said that the move was thoroughly discussed by the poll body.

“We would like to express our deepest regret sa kukundena sa amin dahil lang sa nilalagay namin yung bagay na tama naman na nilalagay ng Comelec dahil ito ay pagtatama ng mali na nangyayari in the past,” Garcia said in an ambush interview.

(We would like to express our deepest regret to anyone condemning us because of the right thing we believe we have done because this is correcting wrongdoings committed in the past.)

“We are not condemning the actions of other agencies of the government. What we are saying is we are condemning the act per se, because that is wrong, that is illegal,” Garcia added.

Other anti-discriminatory guidelines

READ: Comelec to release anti-discrimination guidelines for 2025 campaign

Garcia said that discrimination should not prevail in conducting elections, emphasizing that equality is “Constitutionally guaranteed” and “international human rights law guaranteed.”

“Despite pressure from certain sectors or groups, minarapat nating ilabas ito sapagkat naniniwala tayo na hindi po dahilan ang kampanya upang bastusin ang ilang grupo, ang ilang sektor, lalo na yung grupo ng vulnerable sector. Naniniwala tayo na tama lang na gawin ito,” Garcia stated.

(Despite pressure from certain sectors or groups, we made sure to release this because we believe that a campaign period should not be a reason to discriminate against other groups and sectors, especially the vulnerable sector. We believe that this is the right thing to do.)

The resolution also concluded that no discrimination shall be acted against cause-oriented groups and organizations, such as people that are part of the LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, intersex, and asexual) community, indigenous peoples, persons living with HIV (human immunodeficiency virus), persons with disability, and women.

In November 2024, Garcia said that the poll body will release the guidelines a month after. However, the poll body chief noted that it was pushed back because Comelec had to conduct discussions with several groups.

Election offense

Garcia explained that violation of the anti-discriminatory guidelines constitutes an election offense and is regarded as a criminal case with one to six years of imprisonment as penalty.

He also added that complaints filed after the election period will still be entertained by the poll body.

“Prescriptive period ay limang taon mula nang macommit. Mayroong jurisdiction ang Comelec at pwedeng magfile ng violations,” he added.

(The prescriptive period is five years from the commitment. The Comelec has jurisdiction to file violations.)