MANILA -- A group representing social media broadcasters wants an election law to be declared unconstitutional over its supposed lack of regulation on "premature campaigning".

The Kapisanan ng Social Media Broadcasters ng Pilipinas Inc. filed a petition for certiorari, prohibition and injunction with application for the issuance of a writ of preliminary injunction and/or temporary restraining order before the Supreme Court on Wednesday, March 26.

The group's legal counsel, Atty. Mark Tolentino, said the petition challenges the constitutionality of Republic Act 9369 which amended the law authorizing the Commission on Elections to use an Automated Election System.

Tolentino argued that the law is unconstitutional as it violates the equal protection clause enshrined in the Constitution with how it defines a ‘candidate,’ which makes them not liable for premature campaigning.

“There is no such thing as premature campaigning. Bakit? Under RA 9369, a person is considered a candidate not on the day of the filing of COC but on the day of the start of campaign period. Ang tagal nun, 6 months pa,” he stated.

“‘Yung 6 months na yan hindi sila covered ng batas about sa Comelec. Ang Comelec walang ngipin ng panahon na yan. So ibig sabihin, maraming abuso, lamang yung mga mayayaman, ‘yung may pera na maka-produce ng tarpaulin makabayad ng blocktime sa media, sa radio, sa TV. Kawawa naman yung ordinaryong Pilipino na ang gusto lang nila ay magsilbi sa taumbayan,” Tolentino added.

Dr. Michael Raymond Aragon, the group’s chairman, explained that their "historic" petition aims to address the "infirmity of an election law" which supposedly causes ‘unfairness’ in its implementation.

“Sinasabi natin in that period from October 8 to March 28, there is anarchy. So ito po ang gusto naming i-correct,” he noted.

“In other words, intuil ang mga batas ng COMELEC to regulate the excessiveness kaya nagkalat ang tarpaulins, sobra-sobra lahat ng tarpaulins natin made of plastic... ang effect niyan si environmental toxicity,” Aragon added.

Respondents named in the petition are Executive Secretary Lucas Bersamin, Comelec chairman George Erwin Garcia, Senate President Francis Escudero and House Speaker Martin Romualdez.