BOTH VYING TO dominate the highest ruling student organization of the College of Arts and Sciences (CAS), the Nationalist Youth and Progressive Democrats (NYPD) and the San Bigkis Party (SBP) went neck-and-neck early as the two parties exchanged complaints against the other’s candidates through the San Beda Electoral Board (ELBO) even prior to the start of the official campaign period.
Case 5-2324
On April 7, Arlene Grace Sol, the current Chairperson and former standard-bearer of the SBP filed a complaint against the NYPD for alleged “indirect campaigning” activities.
In their complaint, Sol alleged that a birthday greeting posted in NYPD’s Facebook and Instagram accounts for Justine Mark Feliciano, a party member, constituted an alleged violation as written in Article I, Section 6 (c) ii as well as for non-registration of campaign paraphernalia under Article VII, Section 6 of the Omnibus Election Code of the CAS.
In their counter-response, the NYPD, through its legal director Sean Audric Uy, pointed out that the greeting cannot be considered as an act of promotion for Feliciano was not a candidate of the party.
In addition to this, the NYPD argued that the publication material was intended simply as a greeting for its party member and in consonance with “typical Filipino convention and courtesy.”
Moreover, Uy further pointed out that there being no allegation for direct campaigning, the complaint for indirect campaigning also held no grounds as the same cannot be classified in the purview of election paraphernalia.
Ultimately, the ELBO rendered its decision dismissing the complaint for “lack of merit,” finding that there was no evidence to support SBP’s claim that the greeting for Feliciano classifies as an act of indirect campaigning.
Case 6-2324
In another complaint for “indirect campaigning” and “non-registration of campaign paraphernalia” against the NYPD, Sol alleged before the ELBO that the congratulatory posts published by the NYPD for Bedans who qualified in the Ayala Young Leader Congress (AYLC) violated the Election Code.
Again, the Legal Director for the NYPD countered that none of the Bedans congratulated by the party were members of NYPD nor were they candidates of the same. Adding that congratulatory posts are “conventional postings” released by the party.
In their decision last April 9, the ELBO again dismissed the complaint from SBP for “lack of merit,” noting that the congratulatory posts made by NYPD were “overt from any political endorsements to the upcoming election.”
Case 7-2324
A week following the complaints filed by SBP, NYPD lodged its own complaint for “indirect campaigning” against SBP’s presumptive presidential candidate, Enrique Louise Bonete.
In their complaint, Uy alleged that Bonete, last April 13, sent a message to the CAS’ Student Organization Circle (SOC) Treasurer’s group chat in Facebook messenger, stating that “As you all know by now, I officially resigned from my position as the CAS-Student Council Treasurer due to the reason that I will run again to serve the student body. I was given a chance again to serve but not as your treasurer but as your PRESIDENT.”
Accordingly, the NYPD urged ELBO to find Bonete in violation of the Omnibus Election Code for indirect campaigning, asserting that Bonete, by filing his Certificate of Candidacy (COC) before the Electoral Board, is an “established prospective candidate,” noting that Article VI, Section 1 of the Election Code provides simply that elective office or candidacy is qualified by the act of filing a (COC).
Moreover, NYPD emphasized that Bonete’s message contained both “message” and “intent to promote a candidate” constituting said violation.
In their counter-response, SBP, through its Vice Chairperson Juwan Jean Barbosa and Chairperson Sol, denied that the message sent by Bonete constituted indirect campaigning.
In their counterclaims, the SBP argued that Bonete simply stated that he is a candidate and “did not solicit for support” in his candidacy, that in any, the message constitutes a mere “soft campaigning” whereby the presumptive candidate informed the members of the group chat of his candidacy as president.
Finding Bonete “guilty” of indirect campaigning in their decision last April 16, the ELBO detailed that the message delivered by Bonete constituted a promotional stance due to its emphasis on the position and with intention of prompting support and shaping the views of the members of the group chat.
Moreover, the ELBO denied SBP’s contention that the act should be classified as a mere “soft campaigning,” noting that soft campaigning begins “after the declaration of the candidate’s official candidacy.”
Accordingly, the ELBO sanctioned Bonete under Article IX, Section 2 (d) which provides for the removal of two streamers as paraphernalia and the cancellation of one scheduled classroom campaign for first violation.
In their comment, SBP rationed that Cases No. 5 & 6 – 2324 were prompted by the party’s “previous election experience” wherein they were sanctioned for posting the same publicity materials and found in violation of the Election Code allegedly on the ground that it “promotes the political party” due to the presence of the party’s logo.
Nevertheless, Sol maintains that SBP acknowledges the sanctions issued by ELBO against Bonete and they swore to “remain committed in upholding the integrity of the electoral process by complying with all the regulations.”