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WITH 2025 midterm elections just a few months away, the Commission on Elections (Comelec) has clarified the rules regarding premature campaigning after the filing of certificates of candidacy (COC).

Atty. Ferdinand Gujilde, regional election attorney of Comelec Central Visayas (Comelec 7), explained that unlike the Barangay and Sangguniang Kabataan Elections, candidates for automated elections are not immediately subject to campaign regulations after filing their COC.

He said that this is considered a form of freedom of expression and not premature campaigning.

During the Openline news forum on Tuesday, October 14, Gujilde said this is based on a Supreme Court ruling, which stated that candidates in automated elections are considered candidates only for the purpose of ballot printing, not for campaign rules and regulations.

โ€œAnything that they do or say after filing but before the campaign period cannot anymore be considered premature campaigning, it is considered freedom of expression,โ€ he said.

Comelec is set to release the official list of candidates for the 2025 midterms on October 18.

Meanwhile, Gujilde also discussed the grounds for disqualifying candidates as nuisance candidates, as outlined in Section 69 of the Omnibus Election Code.

He explained that the Comelec will review whether a candidate's filing aims to mock or discredit the election process, cause confusion among voters due to name similarities.

These factors could prevent a faithful determination of the electorateโ€™s true will.

The election code further allows Comelec to declare a candidate as a nuisance either on its own initiative (motu proprio) or through a verified petition filed by another registered candidate for the same office.

The petition must be submitted within five days of the COC filing deadline.(MyTVCebu)

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