Church did not violate election law— Election lawyer

Filed under: Headlines |

MANILA, March 5, 2013—An election lawyer on Tuesday stressed that the Church, particularly the Diocese of Bacolod did not violate any election laws. 

Known election lawyer Atty. Romulo Macalintal said in a media forum that the Church cannot be liable on the Commission on Election’s (Comelec) Resolution 9615 which is only applicable to candidates and those incumbent officials who are running for public office this coming May polls. 

“They are saying the diocese violated resolution 9615 which is the unlawful size of election materials that must be 2 feet by 3 feet. The question is, who are those liable to that law?,” Macalintal asked. 

“It is stated in the resolution that the law applies to all parties which is defined as to either a political party, sectoral party or a coalition of parties, and party-list organization duly registered/accredited with the Commission.  But the Church is neither a political nor a sectoral party, so [it is] not liable for an offense,” Macalintal said. 

The lawyer explained the term candidate refers to any person seeking an elective public office, who has filed his or her certificate of candidacy. 

“Did the Church file a certificate of candidacy or seeking for public office? No, therefore, the Church is not covered by the definition of candidate and is not covered by the said election law,” he added.

He reiterated that Comelec is asking the diocese to remove the said tarpaulin, but so far, they have not filed a case against the diocese. 

Macalintal suggested that the commission must review the law wherein there is not mention that it also applies to private citizens or private area. 

“A person can use or abuse his/her private property unless it will not endanger the lives or property of other people. There is a freedom of expression and religion that can be used by the private entity. What the commission needs to do now is not just to concentrate on illegal posters but focus on educating the voters in their rights to suffrage,” Macalintal furthered. 

Meanwhile, the Supreme Court (SC) today has issued a temporary restraining order against the Commission on Elections’ (Comelec) order for the removal of the controversial “Team Patay and Team Buhay” tarpaulin at the San Sebastian Cathedral in the Diocese of Bacolod. 

SC ordered Comelec to file its comment on the petition for certiorari and prohibition with application for injunction and TRO of Bacolod Bishop Vicente Navarra within 10 days. Oral arguments on the controversial case have been set on March 19.

In their petition to the SC, the diocese pointed out that the Comelec order is unconstitutional since the tarpaulin only represents the Church’s exercise of the freedom of expression. And by virtue of the separation of Church and State, the Comelec’s order should be stricken down by the high court. (Jandel Posion)

Thanks for rating this! Now tell the world how you feel - .
How does this post make you feel?
  • Excited
  • Fascinated
  • Amused
  • Bored
  • Sad
  • Angry


A word from the editor:

Intelligent discussions and exchange of views on issues are encouraged among our readers. Anyone can post comments or feedback about the news, features or stories uploaded in this site. However, the editorial board reserves the right to edit comments for clarity and brevity. The use of foul language, personal attacks or hate campaign on a person or an institution is not tolerated in this site. Likewise, promoting one's own agenda or interests (such as those that are commercial or political) through this site is discouraged, hence will be deleted.

2 Responses to Church did not violate election law— Election lawyer

  1. what if other institutions and private persons (secret friends, supporters of candidates) who have not filed certificates of candidacy put up their own tarpaulins in their private properties facing the street (public)? then politicians can put up propaganda materials of any size within any private property, the excuse being that the owners of the private properties are the ones responsible for said advertisement.

    we have seen the abuse in the PARTY-LIST system – almost anybody, including politicians have been creating party-lists.

    we have to be careful in this matter of propaganda materials too – or else we might be creating another monster.

    dominador medina
    March 7, 2013 at 7:31 am
    Reply

  2. http://www.cbcpnews.com/cbcpnews/?p=14767•
    Dominador Medina what if other institutions and private persons (secret friends,
    supporters of candidates) who have not filed certificates of candidacy put up
    their own tarpaulins in their private properties facing the street (public)?
    then politicians can put up propaganda materials of any size within any private
    property, the excuse being that the owners of the private properties are the
    ones responsible for said advertisement.

    we have seen the abuse in the PARTY-LIST system – almost anybody, including
    politicians have been creating party-lists.

    we have to be careful in this matter of propaganda materials too – or else we
    might be creating another monster.
    about an hour ago · Like

    Nolette Evangelista corek ka dian Father ….
    about an hour ago · Like

    Dominador Medina nolette, minsan kasi hindi comprehensive ang tingin natin. para
    tayo doctor na nagrereseta ng gamot na tama magaling para sa rayuma, pero may
    fatal side effect naman sa puso ng particular patient. kelangan malawak ang
    pananaw natin, hindi makitid na kapiraso lang truth ang ating pinapansin.
    14 minutes ago · Like

    Nolette Evangelista DAPAT MACRO HINDI MICRO
    12 minutes ago · Like

    Dominador Medina para yang larong chess – ang isa mong move dapat mong planuhin
    bago mo gawin, dahil baka ang move mong yon ay nagbubukas ng moves na kalaban na
    lugi ka, talo ka. yung gusto mo ma achieve ay lalo hindi makuha – NAISAHAN KA NG
    KALABAN, KASI NAG MOVE KA NG DI PINALANO ANG CONSEQUENCE. the important thing is
    not winning or losing a battle. the important thing is winning the war.
    9 minutes ago · Edited · Like

    Nolette Evangelista THAT IS RIGHT — LOOSING THE BATTLE TO WIN THE WAR
    8 minutes ago · Like

    Dominador Medina perfect, nolette. macro yes, hindi micro.
    6 minutes ago · Like

    Delete
    Expand Messages Author Sort by Date

    dominador medina
    March 7, 2013 at 9:49 am
    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

*
= 5 + 3



Religion - Top Blogs Philippines