WORLD boxing champion Manny Pacquiao cannot be disqualified from running for the Senate in the May 9 elections even if the April 9 fight with Timothy Bradley pushes through, an election lawyer argued Friday.
Noted election lawyer Romulo Macalintal stressed there is nothing in election laws that would justify the disqualification of Pacquiao if he pushes through with the fight.
“The scheduled April 9 bout of Manny Pacquiao cannot be a ground to disqualify Pacquiao as candidate for Senator in the May 2016 elections,” Macalintal said.
“There is no provision in election laws that would justify any complaint to disqualify him just because of the said boxing event,” he added.
Macalintal came to the defense of Pacquiao after former congressman and fellow senatorial candidate Walden Bello said Commission on Elections Resolution 9615 issued in 2013 has expanded the definition of “political advertisement” to include media appearances in shows that are not covered by the Comelec hour.
“This globally and nationally televised fight a month before the elections would mean hours and hours of coverage before, during, and after the fight. This media attention, supplemented by national pay-per-view television coverage during the fight, would be massive free advertising,” Bello argued.
“It would give him a tremendous advantage against most of the other candidates in the race for the Senate,” he said, implying that Pacquiao should postpone the fight or risk being disqualified.
However, Macalintal insisted that if there is any violation of election laws, a criminal complaint has to be filed and only after conviction can Pacquiao or any candidate be disqualified from seeking public office either by election or appointment.
Macalintal added that even if there is any offense that Pacquiao would be violating under Philippine laws, it could not be imposed because the fight will be held in Las Vegas where Philippine courts have no jurisdiction.
“Even if there is any offense defined under Philippine laws, the same could not be imposed against Pacquiao because the fight will be held in Las Vegas City and our courts, under the doctrine of territoriality, have no jurisdiction over offenses committed by a person outside the territory of the Philippines, except if it involves national security of the country. For sure, the Pacquiao-Bradley fight is not covered by such exception,” Macalintal stressed.
He added that even media entities covering the fight cannot be held liable as Section 86 of the Omnibus Election Code recognizes “the right of media entities to broadcast accounts of significant or newsworthy events and views on matters of public interest.”
“Surely, the said boxing event is a newsworthy event and a historical one as it will feature the last or final fight of Pacquiao who is considered as pride of the Filipino people as a world class fighter,” Macalintal said adding that “Pacquiao cannot be held liable for media coverage because it is a matter between the media entity and the promoter of the fight of which Pacquiao has nothing to do.”