OBLIQUE OBSERVATIONS
By Atty. Gilberto Lauengco, J.D.
On March 28, the official 45-day campaign period for local candidates of the 2025 Philippine elections will begin. What does this mean for the candidates vying for 82 provincial governorships and vice governorships, 792 provincial board members positions, 149 mayorships and vice mayorships, 1,682 city councilor posts, 1,493 municipal mayorships and vice mayorships, 11, 948 municipal councilor positions, and 254 seats in the House of Representatives representing the country’s congressional districts?
Well, for one thing, all the candidates for the aforesaid local positions will officially become true candidates. As such, they will now be fully liable for election violations. The candidates will no longer be able to hide under the “Penera” doctrine. In the landmark case of Penera vs. Comelec, the Supreme Court “declared that a candidate is only liable for election offenses only upon the start of the campaign period.” The start of the campaign period and full implementation of the Penera doctrine signals the beginning of a new phase in the election process.
All candidates will now have to factor in the long list of things a candidate cannot do during this period. It is the period where the election lawyers become an integral part of the candidates’ campaign team. The political strategist or campaign manager will now have to plot a campaign with the inputs of the campaign lawyer in mind. A political strategist or campaign manager who is also an election lawyer will have the advantage at this point because of the combination of knowledge and skill that such an individual can bring to the fore.
During this period, the prohibitions on vote buying come into full force. Last February 2025, the Commission on Elections (COMELEC) launched the “Kontra Bigay” committee to intensify its crackdown on vote buying. Comelec Chairperson George Garcia is serious in curbing vote buying and all candidates would do well to heed his pronouncements on the matter. There are now several acts that can be considered presumed acts of vote buying. Possession of money and goods while carrying election materials, especially if the value of the cash is PHP500,000 or more will be now presumed as an act of vote buying, along with other related acts. Individuals caught performing these acts can be apprehended without a warrant. Campaign management teams must now adjust to this new reality to avoid violating the law.
The start of the local election campaign period will also usher in a more intense and noisier phase of the elections. Grueling house-to-house campaign sorties by the candidates under the intense heat of the summer sun is still one of the more effective and legal methods of campaigning during this period. Several surveys on local elections have consistently shown that the local electorates want to see or meet the candidates personally more during this period. This gives the advantage to the younger candidates with more stamina and willpower than the other candidates. Simple calling voters to one’s headquarters and blatantly distributing money is now both illegal and ineffective.
With only this short period of time before the day of the election, campaign strategists must also focus on data-driven activities. Mapping and tagging operations are key components of targeted and scientific campaigning. Campaign teams must at this point know where their candidates are weak and where more political work is needed.
Despite being termed as the campaign period, if a candidate will only start campaigning at this point, then his campaign is doomed. At this point, candidates need to have already prepared for this period and performed tasks needed during the pre-election period. Election campaigns are no place for cramming. There are, however, professional campaign operators who are experts in end-run campaigns who are perfect for candidates still behind at this point.
At any rate, campaign periods are not for the faint of heart. These days will test a candidate’s resolve and fortitude. There is one thing I noticed though. People who are born to be politicians actually enjoy the stress of campaign periods. So, if you are not enjoying it, then maybe you are not cut out for this.
This is my oblique take on the matter.
