Health protocol violations during campaign an offense – Comelec

Commission on Elections (Comelec) said health and safety protocol violations committed during activities in the 2022 elections are considered election offenses.

The period for the national posts begins February 8, 2022, and will last until May 7, 2022. For local posts candidates, the campaign period will be from March 25, 2022, to May 7, 2022.

According to Comelec Resolution 10730 dated November 17, or the rules and regulations for the implementation of the Fair Election law in connection with the May 9, 2022 elections, preventing measures and against COVID-19 include:

1. wearing of and face shield;
2. one-meter physical distancing;
3. frequent disinfection of hands; and
4. proper cough and sneezing etiquette.

“Any violation of Fair Elections Act and these Rules shall constitute an election offense punishable under the first and second paragraph of Section 264 of the Omnibus Election Code and other pertinent laws, rules, and regulations, whenever applicable,” the Comelec resolution read.

Those guilty of the said violation would face imprisonment of not less than one year but not more than six years and will not be subject to probation, according to Section 264 of the Omnibus Election Code.

Health protocol violations during an offense – Comelec

Violators would also be “sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage.”  On the other hand, any political party found guilty must pay a fine of not less than P10,000 “after criminal action has been instituted in which their corresponding officials have been found guilty.”
“The Commission shall, through its duly authorized legal officers, have the power, concurrent with other prosecuting arms of the government, to conduct preliminary investigation of all election offenses and prosecute the same,” the Comelec resolution added.

Likewise, all campaign organizing staff should submit a notarized Affidavit of Compliance with Health Protocols to the Comelec with territorial jurisdiction over the place where the in-person campaign activity was conducted within 24 hours after the conclusion of any in-person campaign activity.

The failure to submit an Affidavit of Compliance with Health Protocols shall constitute noncooperation of the person or entities punishable under Section 9 par. (d) or (e), as the case may be, of Republic Act No. 11332, otherwise known as the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act and its Implementing Rules and Regulations.

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