Thread by @13thFool

There is no “candidate” before the campaign period acc to Sec. 13 of R.A. No. 9369 as the SC has affirmed in the Penera case. There being no candidate before the start of the campaign period, there is no “contribution” or "partisan political activity" to speak of.

The legal effect of the above law is that all election offenses and election regulations governing candidates (including prohibited donations) has no legal force and effect before the start of the campaign period.

Violations thereof cannot also be prosecuted as under Sec. 13 of R.A. No. 9369, “unlawful acts or omissions applicable to a candidate shall effect only upon that start of the aforesaid campaign period.”

Thus, donations to a non-candidate before the campaign period are governed by the rules on donations, not of elections. They become part of his or her personal wealth and will bring in to the campaign period as if it were his or her personal money, no longer as a contribution.

Meanwhile, donations gathered by a third party independent of a candidate and spent independently as ads are protected speech, hence, not subject to election regulations or reporting whether or not made BEFORE and even DURING the campaign period per the Diocese of Bacolod case.

While crowdfunding is novel and has not been done before, it does not mean that it is illegal and we should be afraid of it. There is legal basis to this and, morally, what is wrong with ordinary people taking over campaign financing? If you have questions, please let me know.