A recently banned TikTok account critical of Vice President Leni Robredo has erroneously claimed that her camp has been campaigning in violation of Commission on Elections rules.
Comelec does not consider individuals who filed their certificates of candidacy as candidates until the start of the campaign period. The campaign period for president, vice president, senator and party-list groups in next year’s election is from Feb. 8 to May 7.
Republic Act No. 9369 provides that:
Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period.
After showing the “supposedly” campaign materials of the Robredo camp in a Tiktok video he posted on Nov. 12, TikToker @Mr Realtalker 2, said:
Nabasa ko isa sa mga rules sa Comelec na bawal pa magcampaign, di ba, hangga’t sa hindi pa umaabot ng February (I read one of the rules of the Comelec that it is forbidden to campaign, right, until February).
The video from the TikTok account has been taken down after @Mr Realtker 2’s account was banned because of multiple violations of TikTok’s community guidelines. His first account, @Mr Realtalker, was also banned recently.
According to his new account, @mr. Realtalker 3, the old account was permanently banned.
Before the video alleging Robredo had violated Comelec rules was taken down, it had received over 26,600 views. According to Social Blade, @Mr Realtker 2 had 36,900 followers as of Nov. 19.
However, the video was reposted on Nov. 19 by Showbiz Fanaticz, a YouTube channel whose videos have previously been fact-checked, along with two other videos from @Mr Realtalker 2. It has garnered 82,207 views as of Nov. 29. Showbiz Fanaticz described @Mr Realtalker as “pro-government” and “pro-BBM.”
Showbiz Fanaticz’s 4-minute video, quoting @Mr Realtalker 2 and unnamed lawyers, also alleged that Robredo had violated Comelec rules on campaigning.
Comelec spokesperson James Jimenez clarified in a Nov. 6 tweet that “election rules still don’t apply to would-be candidates.” He cited a 2009 decision of the Supreme Court that a person who files a candidacy is only considered a candidate during the campaign period. (SR)
Comelec (2021, February 10). Comelec Resolution No. 10695. https://comelec.gov.ph/php-tpls-attachments/2022NLE/Resolutions/com_res_10695.pdf
Jimenez, J. [@jabjimenez]. (2021, November 6). This is getting so tedious. Yes, election rules still don’t apply to would-be candidates, but must aspirants really [Tweet]. Twitter. https://twitter.com/jabjimenez/status/1456815874128551944
Rappler (2021, April 9). FALSE: Duterte officially chooses Revillame to run for Senate in 2022. https://www.rappler.com/newsbreak/fact-check/false-duterte-officially-chooses-revillame-to-run-for-senate-in-2022/?utm_medium=Social&utm_source=Facebook
Republic Act No. 9369 (as amended by Republic Act No. 8436). Use of Automated Election System in National and Local Electoral Exercises. https://www.officialgazette.gov.ph/2007/01/23/republic-act-no-9369/
Showbiz Fanaticz. (2021, November 19). VIRAL! Kampo ni ROBREDO INIREKLAMO NA sa COMELEC Matapos ang mga EBIDENSYANG Maagang NANGANGAMPANYA?. YouTube.