GR 181613; (September, 2009) (Digest)
G.R. No. 181613; September 11, 2009
ROSALINDA A. PENERA, Petitioner, vs. COMMISSION ON ELECTIONS and EDGAR T. ANDANAR, Respondents.
FACTS
Petitioner Rosalinda Penera and private respondent Edgar Andanar were candidates for Mayor of Sta. Monica, Surigao del Norte in the 2007 elections. On 29 March 2007, a day before the official campaign period began, Penera and her partymates filed their Certificates of Candidacy (COC). Following the filing, they conducted a motorcade through several barangays using vehicles adorned with balloons, posters, and banners containing their names and pictures. A sound system broadcast their intent to run, and they threw candies to onlookers. Andanar filed a Petition for Disqualification, alleging premature campaigning under Section 80 of the Omnibus Election Code.
The COMELEC Second Division disqualified Penera, finding the motorcade to be a partisan political activity designed to promote her election before the lawful campaign period. The COMELEC en banc affirmed this decision. Penera was subsequently proclaimed and assumed office as the elected mayor. She elevated the case to the Supreme Court via certiorari, arguing the acts did not constitute premature campaigning.
ISSUE
Whether Penera’s motorcade on 29 March 2007 constitutes unlawful premature campaigning, warranting her disqualification.
RULING
No. The Supreme Court GRANTED the petition and REVERSED the COMELEC resolutions. The legal logic hinges on the amendment introduced by Republic Act No. 9369, which took effect prior to the 2007 elections. The law amended Section 15 of Republic Act No. 8436, adding the provision that “any person who files his certificate of candidacy within [the filing] period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy.”
The Court held that prior to the start of the campaign period, a person who has filed a COC is not yet legally considered a “candidate.” Therefore, acts performed by such a person—like Penera’s motorcade—cannot be legally characterized as “campaigning” for a candidate, as there is no candidate to campaign for yet. The offense of premature campaigning under Section 80 of the Omnibus Election Code requires a person to engage in election campaigning as a candidate outside the campaign period. Since Penera was not legally a candidate on 29 March 2007, her activities, though politically suggestive, did not violate the law. The legislative intent was to remove the penalty for premature campaigning for acts done after filing a COC but before the campaign period. The Court emphasized it cannot question this policy shift and must apply the law as written.