The Commission on Elections (Comelec) clarifies that negative campaigning is legal in the Philippines, citing provisions in the Omnibus Election Code and the Fair Elections Act. Comelec Chairman George Erwin M. Garcia emphasizes that while attacking political opponents is permissible, statements inciting violence or containing defamation could lead to legal action. Garcia also addresses former President Rodrigo Duterte's controversial remark about killing senators, stating that it falls outside Comelec's jurisdiction.
Dr. Celeste Tanchoco, president of the Nutritionist-Dietitians’ Association of the Philippines, shares expert insights on making informed dietary decisions, debunking common myths, and finding the right balance for a healthier lifestyle. With the start of the campaign period for national positions, the Commission on Elections ( Comelec ) reiterated that it has no authority to prohibit “negative” campaigning, regardless of how intense or aggressive it may become. Comelec Chairman George Erwin M.
Garcia explained in an ambush interview on Monday that election laws explicitly allow negative campaigning, making a total ban legally impossible. “The Omnibus Election Code allows negative campaigning… We cannot impose an outright ban on negative campaigning per se,” he said, partly in Filipino. Under the Omnibus Election Code of 1985, campaign materials urging voters to support or reject a particular candidate are considered lawful as long as they do not contain libelous, slanderous, or otherwise criminal content. This means that while attacking political opponents is permitted, any statements or materials that violate laws on defamation or incite violence could be subject to legal consequences. The Fair Elections Act or Republic Act No. 9006 further clarifies that election propaganda, whether for or against a candidate, is allowed as long as it adheres to existing legal provisions. Garcia emphasized that if negative campaigning crosses the line into criminal conduct, enforcement agencies such as the Department of Justice (DOJ) and other law enforcement bodies have the jurisdiction to file cases against those involved, whether candidates or their supporters. For its part, the Comelec also has the authority to pursue a disqualification case if it finds sufficient grounds to prove that a candidate engaged in unlawful campaign practices. “If it borders on something criminal, two actions can be taken—either the disqualification of the candidate or, at the same time, a criminal case against the candidate involved,” Garcia added.Meanwhile, when asked about former president Rodrigo Duterte’s recent remark—joking about killing 15 senators to make way for his endorsed candidates—Garcia clarified that such statements do not fall under Comelec’s jurisdiction. Since Duterte is neither a candidate nor an incumbent government official, his remarks do not violate Comelec campaign guidelines. “There may be national security implications or other concerns, so it is really up to other government agencies to handle this. As for Comelec, we will always respect the freedom of expression of all supporters and those backing a political party or candidate,” Garcia said. However, he acknowledged that there is a thin line between the constitutional right to free speech and the legal limitations set by the Supreme Court. “Of course, as a general rule, this is a right granted to everyone. But there are exceptions, and the Supreme Court has already set these exceptions,” he added
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