SC stops Comelec from implementing ban on overseas campaigning

BAGUIO CITY — Overseas Filipinos for now can continue campaigning for their preferred national candidates in the May 2016 elections despite the ongoing overseas absentee voting.
This was after the Supreme Court, in its last summer session for the year, partially granted a petition from Filipino-American Loida Nicolas-Lewis by issuing a temporary restraining order against portions of the laws on overseas absentee voting and a Commission on Elections (Comelec) resolution banning the practice of partisan political activity abroad during the overseas voting period.

Through the TRO, the SC "enjoined the Comelec, its deputies and other related instrumentalities from implementing the following: (i) Section 36.8 of Republic Act No. 9189, as amended by RA 10590; and (ii) Section 74 (II) (8) and other related provisions of Comelec resolution No. 10035."
The high court, however, clarified that overseas Filipinos are prohibited from campaigning and conducting partisan political activities within Philippine Embassies, Consulates, and other posts where overseas voters may exercise their right to vote pursuant to the Overseas Absentee Voting System.
The SC also ordered the Comelec to file its comment on Lewis' petition within five days.
The overseas voting period started on April 9 and will last until May 9, election day in the Philippines. 
Nicolas-Lewis, who is based in the US and is legally represented by the Ateneo Human Rights Center, said she was "aghast" when she and other overseas Filipinos were prohibited by different Philippine Consulates from conducting information campaigns, as well as rallies and outreach programs, in support of their respective candidates, especially for the presidential and vice presidential race. 
In her petition, she said while the contested provisions reflected the spirit behind the Omnibus Election Code, "the manner by which this is to be carried out fails to consider the unique context of overseas absentee voting, thereby resulting in the undue curtailment of the most cherished rights of freedom of speech and expression, and of information." 
The petitioner said the contested provisions prejudiced not only her right to freedom of expression, but also of others in future cases involving the information and education of the electorate. 
Nicolas-Lewis said the contested provisions particularly violated Articles 1 and 4 of the Philippine Constitution, on due process and equal protection of laws, and freedom of speech, expression and assembly. She also stressed that there is no criminal jurisdiction over Filipinos abroad. 
The petitioner said rules on campaigning abroad should be more relaxed than that in the Philippines. —KBK, GMA News

Comments

Post a Comment

Popular posts from this blog

PCG: China’s bullying in West Philippine Sea undermines international law --- Ghio Ong - The Philippine Star

MANILA, Philippines — Letting China sustain its aggression in the West Philippine Sea would make other countries doubt the strength of international law currently being asserted by the Philippines, Commodore Jay Tarriela of the Philippine Coast Guard (PCG) said. “Allowing China to blatantly disregard the established rules-based order threatens the very foundation that we all depend on,” he wrote in a post on X last Tuesday. He added, “If we permit this, countries worldwide may forget why this order was created in the first place. Nations could begin to doubt the significance of adhering to international law if powerful bullies can easily violate it.” Tarriela also said defiance of other countries to a rules-based order would result in the prevalence of cruelty. He wrote, “This could lead us back to a time when might makes right, undermining the global structures that keep human greed, savagery and barbarism in check. Such a scenario would not only invite challenges from aggressive ...
Read more

China ships maintain presence in key West Philippine Sea areas --- Michael Punongbayan - The Philippine Star

STAR / Michael Varcas MANILA, Philippines — While Chinese vessels in the West Philippine Sea (WPS) have decreased in number, they have maintained a presence in three key land features where naval and coast guard ships have intensified operations in the past seven days, according to the Philippine Navy. Latest monitoring by the Philippine Navy showed armed ships of the People’s Liberation Army Navy (PLAN) maintaining a menacing presence around the grounded BRP Sierra Madre in Ayungin Shoal, Panatag Shoal and Escoda Shoal. According to the Philippine Navy, there are 17 Chinese military vessels and 28 China Coast Guard (CCG) boats spotted inside the country’s exclusive economic zone (EEZ) between Sept. 23 and 30, or one vessel more than in the previous week Sept.17-23. Five of the warships were seen roaming around the vicinity of Escoda Shoal, along with 10 CCG vessels and 12 maritime militia vessels (MMVs). There are also two PLAN ships in Ayungin Shoal as well as 10 CCG boats and 12...
Read more

Social media seen as cause of rising intermarriages --- Helen Flores - The Philippine Star

MANILA, Philippines — The Commission on Filipinos Overseas (CFO) sees social media as the main reason for the rising number of Filipinos marrying or becoming partners of foreign nationals. In 2022, the CFO recorded 6,854 marriages or partnerships with foreign nationals, a 40.1 percent increase from the 4,891 “intermarriages” recorded in 2021. “First of all, what we see in the increase in the marriage rate of Filipinos or Filipinos with foreign partners is because of social media, (that) is number one; matchings; letters, introduction of their friends,” CFO chairperson Romulo Arugay said at the Bagong Pilipinas Ngayon public briefing yesterday. Arugay said the agency has been registering a high number of intermarriages since 2007, but the figures went down during the COVID-19 pandemic. From over 6,500 Filipinos who married foreign nationals, only 600 are men, he said. Most of them are married to Americans, Japanese, Germans, Canadians and Australians, Arugay said. Arugay warned Fi...
Read more