PENERA VS COMELEC.docx

8/14/2019 PENERA VS COMELEC.docx

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Penera vs. Commission on Elections, 599 SCRA 609 , September11, 2009

Case Title : ROSALINDA A. PENERA, petitioner, vs. COMMISSIONON ELECTIONS and EDGAR T. ANDANAR, respondents. CaseNature : SPECIAL CIVIL ACTION in the Supreme Court. Certiorari.Syllabi Class : Election Law | Premature Campaigning | Freedom ofExpression |Syllabi :1. Election Law; Certiorari ; Words and Phrases ; Factualfindings of the Commission on Elections (COMELEC), basedon its own assessments and duly supported by evidence, areconclusive on this Court, more so in the absence of a graveabuse of discretion, arbitrariness, fraud, or error of law inthe questioned resolutions, and unless any of these causesare clearly substantiated, the Court will not interfere withthe findings of fact of the COMELEC; Grave abuse of discretion issuch capricious and whimsical exercise of judgment equivalent tolack of jurisdiction - mere abuse of discretion is not enough. The sole function of awrit of certiorari is to address issues of want of jurisdiction or graveabuse of discretion, and it does not include a review of the tribunalsevaluation of the evidence. Because of its fact-finding facilities andits knowledge derived from actual experience, the COMELEC is in a

peculiarly advantageous position to evaluate, appreciate and decideon factual questions before it. Factual findings of the COMELEC,based on its own assessments and duly supported by evidence, areconclusive on this Court, more so in the absence of a grave abuse ofdiscretion, arbitrariness, fraud, or error of law in the questionedresolutions. Unless any of these causes are clearly substantiated,the Court will not interfere with the findings of fact of the COMELEC.Grave abuse of discretion is such capricious and whimsical exerciseof judgment equivalent to lack of jurisdiction. Mere abuse ofdiscretion is not enough. It must be grave, as when it is exercisedarbitrarily or despotically by reason of passion or personal hostility.The abuse must be so patent and so gross as to amount to an
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20findings%20of%20fact%20of%20the%20COMELEC/http://central.com.ph/escra/searchsyllabi/%20Factual%20findings%20of%20the%20Commission%20on%20Elections%20(COMELEC),%20based%20on%20its%20own%20assessments%20and%20duly%20supported%20by%20evidence,%20are%20conclusive%20on%20this%20Court,%20more%20so%20in%20the%20absence%20of%20a%20grave%20abuse%20of%20discretion,%20arbitrariness,%20fraud,%20or%20error%20of%20law%20in%20the%20questioned%20resolutions,%20and%20unless%20any%20of%20these%20causes%20are%20clearly%20substantiated,%20the%20Court%20will%20not%20interfere%20with%20the%20findings%20of%20fact%20of%20the%20COMELEC/http://void%280%29/http://void%280%29/http://central.com.ph/escra/searchsyllabi/%20Factual%20findings%20of%20the%20Commission%20on%20Elections%20(COMELEC),%20based%20on%20its%20own%20assessments%20and%20duly%20supported%20by%20evidence,%20are%20conclusive%20on%20this%20Court,%20more%20so%20in%20the%20absence%20of%20a%20grave%20abuse%20of%20discretion,%20arbitrariness,%20fraud,%20or%20error%20of%20law%20in%20the%20questioned%20resolutions,%20and%20unless%20any%20of%20these%20causes%20are%20clearly%20substantiated,%20the%20Court%20will%20not%20interfere%20with%20the%20findings%20of%20fact%20of%20the%20COMELEC/http://central.com.ph/escra/searchsyllabi/%20Factual%20findings%20of%20the%20Commission%20on%20Elections%20(COMELEC),%20based%20on%20its%20own%20assessments%20and%20duly%20supported%20by%20evidence,%20are%20conclusive%20on%20this%20Court,%20more%20so%20in%20the%20absence%20of%20a%20grave%20abuse%20of%20discretion,%20arbitrariness,%20fraud,%20or%20error%20of%20law%20in%20the%20questioned%20resolutions,%20and%20unless%20any%20of%20these%20causes%20are%20clearly%20substantiated,%20the%20Court%20will%20not%20interfere%20with%20the%20findings%20of%20fact%20of%20the%20COMELEC/http://central.com.ph/escra/searchsyllabi/%20Factual%20findings%20of%20the%20Commission%20on%20Elections%20(COMELEC),%20based%20on%20its%20own%20assessments%20and%20duly%20supported%20by%20evidence,%20are%20conclusive%20on%20this%20Court,%20more%20so%20in%20the%20absence%20of%20a%20grave%20abuse%20of%20discretion,%20arbitrariness,%20fraud,%20or%20error%20of%20law%20in%20the%20questioned%20resolutions,%20and%20unless%20any%20of%20these%20causes%20are%20clearly%20substantiated,%20the%20Court%20will%20not%20interfere%20with%20the%20findings%20of%20fact%20of%20the%20COMELEC/http://central.com.ph/escra/searchsyllabi/%20Factual%20findings%20of%20the%20Commission%20on%20Elections%20(COMELEC),%20based%20on%20its%20own%20assessments%20and%20duly%20supported%20by%20evidence,%20are%20conclusive%20on%20this%20Court,%20more%20so%20in%20the%20absence%20of%20a%20grave%20abuse%20of%20discretion,%20arbitrariness,%20fraud,%20or%20error%20of%20law%20in%20the%20questioned%20resolutions,%20and%20unless%20any%20of%20these%20causes%20are%20clearly%20substantiated,%20the%20Court%20will%20not%20interfere%20with%20the%20findings%20of%20fact%20of%20the%20COMELEC/http://central.com.ph/escra/searchsyllabi/%20Factual%20findings%20of%20the%20Commission%20on%20Elections%20(COMELEC),%20based%20on%20its%20own%20assessments%20and%20duly%20supported%20by%20evidence,%20are%20conclusive%20on%20this%20Court,%20more%20so%20in%20the%20absence%20of%20a%20grave%20abuse%20of%20discretion,%20arbitrariness,%20fraud,%20or%20error%20of%20law%20in%20the%20questioned%20resolutions,%20and%20unless%20any%20of%20these%20causes%20are%20clearly%20substantiated,%20the%20Court%20will%20not%20interfere%20with%20the%20findings%20of%20fact%20of%20the%20COMELEC/http://central.com.ph/escra/searchsyllabi/%20Factual%20findings%20of%20the%20Commission%20on%20Elections%20(COMELEC),%20based%20on%20its%20own%20assessments%20and%20duly%20supported%20by%20evidence,%20are%20conclusive%20on%20this%20Court,%20more%20so%20in%20the%20absence%20of%20a%20grave%20abuse%20of%20discretion,%20arbitrariness,%20fraud,%20or%20error%20of%20law%20in%20the%20questioned%20resolutions,%20and%20unless%20any%20of%20these%20causes%20are%20clearly%20substantiated,%20the%20Court%20will%20not%20interfere%20with%20the%20findings%20of%20fact%20of%20the%20COMELEC/http://central.com.ph/escra/searchsyllabi/%20Factual%20findings%20of%20the%20Commission%20on%20Elections%20(COMELEC),%20based%20on%20its%20own%20assessments%20and%20duly%20supported%20by%20evidence,%20are%20conclusive%20on%20this%20Court,%20more%20so%20in%20the%20absence%20of%20a%20grave%20abuse%20of%20discretion,%20arbitrariness,%20fraud,%20or%20error%20of%20law%20in%20the%20questioned%20resolutions,%20and%20unless%20any%20of%20these%20causes%20are%20clearly%20substantiated,%20the%20Court%20will%20not%20interfere%20with%20the%20findings%20of%20fact%20of%20the%20COMELEC/http://central.com.ph/escra/searchsyllabi/%20Factual%20findings%20of%20the%20Commission%20on%20Elections%20(COMELEC),%20based%20on%20its%20own%20assessments%20and%20duly%20supported%20by%20evidence,%20are%20conclusive%20on%20this%20Court,%20more%20so%20in%20the%20absence%20of%20a%20grave%20abuse%20of%20discretion,%20arbitrariness,%20fraud,%20or%20error%20of%20law%20in%20the%20questioned%20resolutions,%20and%20unless%20any%20of%20these%20causes%20are%20clearly%20substantiated,%20the%20Court%20will%20not%20interfere%20with%20the%20findings%20of%20fact%20of%20the%20COMELEC/http://central.com.ph/escra/searchsyllabi/%20Words%20and%20Phrases/http://central.com.ph/escra/searchsyllabi/%20Certiorari/http://central.com.ph/escra/searchsyllabi/Election%20Law/http://central.com.ph/escra/browseindex/getresults/Freedom%20of%20Expression/http://central.com.ph/escra/browseindex/getresults/Freedom%20of%20Expression/http://central.com.ph/escra/browseindex/getresults/Premature%20Campaigning/http://central.com.ph/escra/browseindex/getresults/Election%20Law/http://central.com.ph/escra/reader/437002223603/AAAF5369-rw/http://central.com.ph/escra/reader/437002223603/AAAF5369-rw/http://central.com.ph/escra/reader/437002223603/AAAF5369-rw/


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evasion of a positive duty or to a virtual refusal to perform the dutyenjoined or to act at all in contemplation of law.2. Same; Same; Same ; Statutory Construction ; Where the lawis clear and leaves no room for interpretation, resort to statutory

construction is not allowed. - There is certainly no room for statutory construction in this case.Section 15 of R.A. 8436, as amended by R.A. 9369, is crystal clearand requires no statutory construction. Section 15, as amended,expressly provides, Any person who files h is certificate ofcandidacy within this period shall only be considered as a candidateat the start of the campaign period for which he filed his certificateof candidacy: Provided, That, unlawful acts or omissions applicableto a candidate shall take effect only upon the start of the aforesaid

campaign period. This amendment expressly provides that a person becomes a candidate only at the start of the campaign period. This amendment further expressly provides that unlawfulacts or omissions applicable to a candidate take effect only at thestart of the campaign period. Nothing can be clearer that any act oromission done before the start of the campaign period, such ascampaigning, is not punishable. Where the law is clear and leavesno room for interpretation, resort to statutory construction is notallowed.

3. Same; Same; Statutes ; The amendment by Republic Act No.9369 of Section 15 of Republic Act No. 8436 which expresslydeclares that unlawful acts or omissions applicable to a candidateshall take effect only upon the start of the aforesaid campaign

period had the effect of expressly repealing Section 80 of theOmnibus Election Code which states that it shall be unlawful forany person x x x to engage in an election campaign or partisan

p olitical activity except during the campaign period. - The amendment by R.A. 9369 of Section 15 of R.A. 8436expressly declares that unlawful acts or omissions applicable to acandidate shall take effect only upon the start of the aforesaidcampaign period. This amendment expressly repeals Section 80 ofthe Omnibus Election Code which states that it shall be unlawful forany person x x x to engage in an election campaign or partisan

political activity except during the campaign period. In any event,even assuming that there is no express repeal, there is absolute and
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irreconcilable incompatibility between Section 15 of R.A. 8436, asamended, and Section 80 of the Omnibus Election Code. One

provision states that campaigning before the start of the campaign period is lawful while the other provision states that campaigning

before such period is unlawful. In such a case, the later law, whichis R.A. 9369, shall prevail.4. Same; Same; Freedom of Expression ; Acts committed by a

person who has filed a certificate of candidacy prior to the datewhen she becomes a candidate, even if constituting electioncampaigning or partisan political activities, are not punishable underSection 80 of the Omnibus Election Code - such acts are within the realm of a citizens protected freedom ofexpression; Because of the third paragraph of Section 15 of R.A.

8436, as amended by Section 13 of R.A. 9369, the election offensein Section 80 of the Omnibus Election Code is practically impossibleto commit at any time. The campaign period for local officialsbegan on 30 March 2007 and ended on 12 May 2007. Penera filedher certificate of candidacy on 29 March 2007. Penera was thus acandidate on 29 March 2009 only for purposes of printing theballots. On 29 March 2007, the law still did not consider Penera acandidate for purposes other than the printing of ballots. Actscommitted by Penera prior to 30 March 2007, the date when she

became a candidate, even if co nstituting election campaigning or partisan political activities, are not punishable under Section 80 ofthe Omnibus Election Code. Such acts are within the realm of acitizens protected freedom of expression. Acts committed by Penerawithin the campaign period are not covered by Section 80 asSection 80 punishes only acts outside the campaign period. Becauseof the third paragraph of Section 15 of R.A. 8436, as amended bySection 13 of R.A. 9369, the election offense in Section 80 of theOmnibus Election Code is practically impossible to commit at anytime. This flaw in the law, which defines a criminal act, cannot beconstrued against Penera but must be interpreted in her favor.5. Same; Same; While it is true that a private person, not just acandidate, can commit the crime of premature campaigning, butbefore a private person can commit the crime, there must first beanother person who is already considered by law a candidate.Section 79(b) of the Omnibus Election Code provides that the term
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election campaign or partisan political activity refers to an actdesigned to promote the election or defeat of a particular candidateor candidates to public office - thus, there can be no premature election campaign or partisan

political activity unless there is a candidate. The ponencia alsorelies on this Courts enumeration in Lanot of the elements of premature campaigning under Section 80 of the Omnibus ElectionCode: (1) a person engages in an election campaign or partisan

political activity; (2) the act is designed to promote the election ordefeat of a particular candidate or candidates; and (3) the act isdone outside the campaign period. However, in her reply to thisdissent, the ponente quoted from Lanot, [w]hat Section 80 of theOmnibus Election Code prohibits is an election campaign or partisan

political activity by a candidate outside of the campaign period,and stated that the quoted portion was erroneous. I submit,however, that the quote was taken out of context. The ponentemerely quoted in isolation and conveniently ignored the succeeding

paragraph enumerating the elements of premature campaigningwhich she also quoted in her ponencia. The ponencia pointed outthat a private person, not just a candidate, can commit the crime of

premature campaigning. True, but before a private person cancommit the crime, there must first be another person who is already

considered by law a candidate. Section 79(b) of the OmnibusElection Code provides that the term election campaign orpartisan political activity refers to an act designed to promote theelection or defeat of a particular candidate or candidates to publicoffice. Thus, there can be no premature election campaign orpartisan political activity unless there is a candidate. 6. Election Law; Premature Campaigning; The only purpose forthe early filing of certificates of candidacy is to give ample time toCommission on Elections (COMELEC) for the printing of the ballots . - The only purpose for the early filing of certificates of candidacy isto give ample time to COMELEC for the printing of the ballots.Because of our 2006 decision in Lanot v. Commission on Elections(507 SCRA 114 [2006]), our lawmakers deemed it necessary tofurther specify in R.A. 9369 that any person who files his certificateof candidacy within [the filing] period shall only be considered a
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11. Same ; Same ; Statutes; The laudable and exemplaryintention behind the prohibition against prematurecampaigning is to level the playing field for candidates of

public office, to equalize the situation between the popular

or rich candidates, on one hand, and lesser-known or poorercandidates, on the other, by preventing the former fromenjoying undue advantage in exposure and publicity onaccount of their resources and popularity ; The intention for

prohibiting premature campaigning could not have been significantly altered or affected by Republic Act No. 8436, asamended by Republic Act No. 9369, the avowed purpose ofwhich is to carry-on the automation of the election

system ; The Court cannot stress strongly enough that premature

campaigning is a pernicious act that is continuously threatening toundermine the conduct of fair and credible elections in our country,no matter how great or small the acts constituting the same are . + 12. Same ; Same ; Only after the person who had filed his/hercertificate of candidacy officially becomes a candidate, at the startof the campaign period, can his/her disqualification be sought foracts constituting premature campaigning .+ 13. Same ; Same ; When the campaign period starts and the

person who has filed his/her certificate of candidacy

proceeds with his/her candidacy, his/her intent turning intoactuality, the Court can already consider his/her acts, afterthe filing of his/her Certificate of Candidacy (COC) and priorto the campaign period, as the promotion of his/her electionas a candidate, hence, constituting premature campaigning,for which he/she may be disqualified; Conversely, if said

person, for any reason, withdraws his/her Certificate of Candidacy(COC) before the campaign period, then there is no point to viewhis/her acts prior to said period as acts for the promotion of his/her

election as a candidate . - True, that pursuant to Section 15 of Republic Act No. 8436, asamended, even after the filing of the COC but before the start of thecampaign period, a person is not yet officially considered acandidate. Nevertheless, a person, upon the filing of his/her COC,already explicitly declares his/her intention to run as a candidate inthe coming elections. The commission by such a person of any of
http://central.com.ph/escra/searchsyllabi/Same/http://central.com.ph/escra/searchsyllabi/Same/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/%20Statutes/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://void%280%29/http://void%280%29/http://void%280%29/http://central.com.ph/escra/searchsyllabi/Same/http://central.com.ph/escra/searchsyllabi/Same/http://central.com.ph/escra/searchsyllabi/%20Same/http://void%280%29/http://void%280%29/http://void%280%29/http://central.com.ph/escra/searchsyllabi/Same/http://central.com.ph/escra/searchsyllabi/Same/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://void%280%29/http://void%280%29/http://void%280%29/http://void%280%29/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20When%20the%20campaign%20period%20starts%20and%20the%20person%20who%20has%20filed%20his/her%20certificate%20of%20candidacy%20proceeds%20with%20his/her%20candidacy,%20his/her%20intent%20turning%20into%20actuality,%20the%20Court%20can%20already%20consider%20his/her%20acts,%20after%20the%20filing%20of%20his/her%20Certificate%20of%20Candidacy%20(COC)%20and%20prior%20to%20the%20campaign%20period,%20as%20the%20promotion%20of%20his/her%20election%20as%20a%20candidate,%20hence,%20constituting%20premature%20campaigning,%20for%20which%20he/she%20may%20be%20disqualified/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/Same/http://void%280%29/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/Same/http://void%280%29/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20intention%20for%20prohibiting%20premature%20campaigning%20could%20not%20have%20been%20significantly%20altered%20or%20affected%20by%20Republic%20Act%20No.%208436,%20as%20amended%20by%20Republic%20Act%20No.%209369,%20the%20avowed%20purpose%20of%20which%20is%20to%20carry-on%20the%20automation%20of%20the%20election%20system/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20The%20laudable%20and%20exemplary%20intention%20behind%20the%20prohibition%20against%20premature%20campaigning%20is%20to%20level%20the%20playing%20field%20for%20candidates%20of%20public%20office,%20to%20equalize%20the%20situation%20between%20the%20popular%20or%20rich%20candidates,%20on%20one%20hand,%20and%20lesser-known%20or%20poorer%20candidates,%20on%20the%20other,%20by%20preventing%20the%20former%20from%20enjoying%20undue%20advantage%20in%20exposure%20and%20publicity%20on%20account%20of%20their%20resources%20and%20popularity/http://central.com.ph/escra/searchsyllabi/%20Statutes/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/Same/


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the acts enumerated under Section 79(b) of the Omnibus ElectionCode (i.e., holding rallies or parades, making speeches, etc.) can,thus, be logically and reasonably construed as for the purpose of

promoting his/her intended candidacy. When the campaign period

starts and said person proceeds with his/her candidacy, his/herintent turning into actuality, we can already consider his/her acts,after the filing of his/her COC and prior to the campaign period, asthe promotion of his/her election as a candidate, hence, constituting

premature campaigning, for which he/she may be disqualified. Also,conversely, if said person, for any reason, withdraws his/her COCbefore the campaign period, then there is no point to view his/heracts prior to said period as acts for the promotion of his/her electionas a candidate. In the latter case, there can be no premature

campaigning as there is no candidate, whose disqualification may besought, to begin with.14. Same ; Same ; Very simply, premature campaigning maybe committed even by a person who is not a candidate ; The

plain declaration in Lanot v. Commission on Elections, 507 SCRA114 (2006), that [w]hat Section 80 of the Omnibus Election Code

prohib its is an election campaign or partisan political activity by acandidate outside of the campaign period, is clearly erroneous. - Section 80 of the Omnibus Election Code, on premature

campaigning, explicitly provid es that [i]t shall be unlawful for any person, whether or not a voter or candidate, or for any party, orassociation of persons, to engage in an election campaign or

partisan political activity, except during the campaign period. Verysimply, premature campaigning may be committed even by a

person who is not a candidate. For this reason, the plain declarationin Lanot that [w]hat Section 80 of the Omnibus Election Code

prohibits is an election campaign or partisan political activity by acandidate outside of the campaign period, is clearly erroneous. 15. Same ; Same; Same; Same ; Courts of justice, whenconfronted with apparently conflicting statutes, shouldendeavor to reconcile the same instead of declaring outrightthe invalidity of one as against the other ; There is no absoluteand irreconcilable incompatibility between Section 15 of Republic

Act No. 8436, as amended, and Section 80 of the Omnibus ElectionCode, which defines the prohibited act of premature campaigning. -
http://central.com.ph/escra/searchsyllabi/Same/http://central.com.ph/escra/searchsyllabi/Same/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/%20Very%20simply,%20premature%20campaigning%20may%20be%20committed%20even%20by%20a%20person%20who%20is%20not%20a%20candidate/http://central.com.ph/escra/searchsyllabi/%20Very%20simply,%20premature%20campaigning%20may%20be%20committed%20even%20by%20a%20person%20who%20is%20not%20a%20candidate/http://void%280%29/http://void%280%29/http://central.com.ph/escra/searchsyllabi/Same/http://central.com.ph/escra/searchsyllabi/Same/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/%20Courts%20of%20justice,%20when%20confronted%20with%20apparently%20conflicting%20statutes,%20should%20endeavor%20to%20reconcile%20the%20same%20instead%20of%20declaring%20outright%20the%20invalidity%20of%20one%20as%20against%20the%20other/http://central.com.ph/escra/searchsyllabi/%20Courts%20of%20justice,%20when%20confronted%20with%20apparently%20conflicting%20statutes,%20should%20endeavor%20to%20reconcile%20the%20same%20instead%20of%20declaring%20outright%20the%20invalidity%20of%20one%20as%20against%20the%20other/http://central.com.ph/escra/searchsyllabi/%20Courts%20of%20justice,%20when%20confronted%20with%20apparently%20conflicting%20statutes,%20should%20endeavor%20to%20reconcile%20the%20same%20instead%20of%20declaring%20outright%20the%20invalidity%20of%20one%20as%20against%20the%20other/http://central.com.ph/escra/searchsyllabi/%20Courts%20of%20justice,%20when%20confronted%20with%20apparently%20conflicting%20statutes,%20should%20endeavor%20to%20reconcile%20the%20same%20instead%20of%20declaring%20outright%20the%20invalidity%20of%20one%20as%20against%20the%20other/http://void%280%29/http://void%280%29/http://void%280%29/http://central.com.ph/escra/searchsyllabi/%20Courts%20of%20justice,%20when%20confronted%20with%20apparently%20conflicting%20statutes,%20should%20endeavor%20to%20reconcile%20the%20same%20instead%20of%20declaring%20outright%20the%20invalidity%20of%20one%20as%20against%20the%20other/http://central.com.ph/escra/searchsyllabi/%20Courts%20of%20justice,%20when%20confronted%20with%20apparently%20conflicting%20statutes,%20should%20endeavor%20to%20reconcile%20the%20same%20instead%20of%20declaring%20outright%20the%20invalidity%20of%20one%20as%20against%20the%20other/http://central.com.ph/escra/searchsyllabi/%20Courts%20of%20justice,%20when%20confronted%20with%20apparently%20conflicting%20statutes,%20should%20endeavor%20to%20reconcile%20the%20same%20instead%20of%20declaring%20outright%20the%20invalidity%20of%20one%20as%20against%20the%20other/http://central.com.ph/escra/searchsyllabi/%20Courts%20of%20justice,%20when%20confronted%20with%20apparently%20conflicting%20statutes,%20should%20endeavor%20to%20reconcile%20the%20same%20instead%20of%20declaring%20outright%20the%20invalidity%20of%20one%20as%20against%20the%20other/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/Same/http://void%280%29/http://central.com.ph/escra/searchsyllabi/%20Very%20simply,%20premature%20campaigning%20may%20be%20committed%20even%20by%20a%20person%20who%20is%20not%20a%20candidate/http://central.com.ph/escra/searchsyllabi/%20Very%20simply,%20premature%20campaigning%20may%20be%20committed%20even%20by%20a%20person%20who%20is%20not%20a%20candidate/http://central.com.ph/escra/searchsyllabi/%20Same/http://central.com.ph/escra/searchsyllabi/Same/


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Courts of justice, when confronted with apparently conflictingstatutes, should endeavor to reconcile the same instead of declaringoutright the invalidity of one as against the other. Such alacrityshould be avoided. The wise policy is for the judge to harmonize

them if this is possible, bearing in mind that they are equally thehandiwork of the same legislature, and so give effect to both whileat the same time also according due respect to a coordinatedepartment of the government. To our mind, there is no absoluteand irreconcilable incompatibility between Section 15 of Republic

Act No. 8436, as amended, and Section 80 of the Omnibus ElectionCode, which defines the prohibited act of premature campaigning. Itis possible to harmonize and reconcile these two provisions and,thus, give effect to both.

16. Same ; Same; Same; Same ; Well-settled is the rule instatutory construction that implied repeals are disfavored . - Section 46, the repealing clause of Republic Act No. 9369, statesthat: Sec. 46. Repealing Clause. All laws, presidential decrees,executive orders, rules and regulations or parts thereof inconsistentwith the provisions of this Act are hereby repealed or modifiedaccordingly. Section 46 of Republic Act No. 9369 is a generalrepealing clause. It is a clause which predicates the intended repealunder the condition that a substantial conflict must be found in

existing and prior acts. The failure to add a specific repealing clauseindicates that the intent was not to repeal any existing law, unlessan irreconcilable inconsistency and repugnancy exist in the terms ofthe new and old laws. This latter situation falls under the categoryof an implied repeal. Well-settled is the rule in statutoryconstruction that implied repeals are disfavored. In order to effect arepeal by implication, the later statute must be so irreconcilablyinconsistent and repugnant with the existing law that they cannotbe made to reconcile and stand together. The clearest case possiblemust be made before the inference of implied repeal may be drawn,for inconsistency is never presumed. There must be a showing ofrepugnance clear and convincing in character. The language used inthe later statute must be such as to render it irreconcilable withwhat had been formerly enacted. An inconsistency that falls short ofthat standard does not suffice.
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17. Same ; Same; Same; Same ; Repeal of a law means itscomplete abrogation by the enactment of a subsequent statute,whereas the amendment of a statute means an alteration in the lawalready existing, leaving some part of the original still standing. -

Although the title of Republic Act No. 9369 particularly mentionedthe amendment of Batas Pambansa Blg. 881, or the OmnibusElection Code, to wit: An Act Amending Republic Act No. 8436,Entitled An Act Authorizing the Commission on Elections to Use an

Automated Election System x x x, Amending for the Purpose BatasPambansa Blg. 881, As Amended x x x. (Emphasis ours.), said titleexplicitly mentions, not the repeal, but the amendment of BatasPambansa Blg. 881. Such fact is indeed very material. Repeal of alaw means its complete abrogation by the enactment of a

subsequent statute, whereas the amendment of a statute means analteration in the law already existing, leaving some part of theoriginal still standing. Section 80 of the Omnibus Election Code isnot even one of the specific provisions of the said code that wereexpressly amended by Republic Act No. 9369.18. Same ; Same ; Statutory Construction ; Statutes; Section 80of the Omnibus Election Code remains relevant and applicabledespite Section 15 of Republic Act No. 8436, as amended - a close reading of the entire Republic Act No. 9369, which

amended Republic Act No. 8436, would readily reveal that that it didnot contain an express repeal of Section 80 of the Omnibus ElectionCode; An express repeal is one wherein a statute declares, usuallyin its repealing clause, that a particular and specific law, identifiedby its number or title, is repealed. The Dissenting Opinionultimately concludes that because of Section 15 of Republic Act No.8436, as amended, the prohibited act of premature campaigning inSection 80 of the Omnibus Election Code, is practically impossible tocommit at any time. We disagree. Section 80 of the OmnibusElection Code remains relevant and applicable despite Section 15 ofRepublic Act No. 8436, as amended. A close reading of the entireRepublic Act No. 9369, which amended Republic Act No. 8436,would readily reveal that that it did not contain an express repeal ofSection 80 of the Omnibus Election Code. An express repeal is onewherein a statute declares, usually in its repealing clause, that a

particular and specific law, identified by its number or title, is
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repealed. Absent this specific requirement, an express repeal maynot be presumed.19. Same ; Premature Campaigning ; Words and Phrases ; Theconduct of a motorcade -

a procession or parade of automobiles or other motor vehicles isa form of election campaign or partisan political activity, fallingsquarely within the ambit of Section 79(b)(2) of the OmnibusElection Code, on [h]olding political caucuses, conferences,meetings, rallies, parades, or other similar assemblies, for the

purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate[.] More importantly, theconduct of a motorcade is a form of election campaign or partisan

political activity, falling squarely within the ambit of Section

79(b)(2) of the Omnibus Election Code, on [h]olding politicalcaucuses, conferences, meetings, rallies, parades, or other similarassemblies, for the purpose of soliciting votes and/or undertakingany campaign or propaganda for or against a candidate[.] Amotorcade is a procession or parade of automobiles or other motorvehicles. The conduct thereof during election periods by thecandidates and their supporters is a fact that need not be belaboreddue to its widespread and pervasive practice. The obvious purposeof the conduct of motorcades is to introduce the candidates and the

positions, to which they seek to be elected, to the voting public; orto make them more visible so as to facilitate the recognition andrecollection of their names in the minds of the voters come electiontime. Unmistakably, motorcades are undertaken for no other

purpose than to promote the election of a particular candidate orcandidates. In the instant Petition, Penera never denied that shetook part in the conduct of the motorcade after she filed her COC onthe day before the start of the campaign period. She merely claimedthat the same was not undertaken for campaign purposes. Penera

proffered the excuse that the motorcade was already part of thedispersal of the supporters who spontaneously accompanied Peneraand her partymates in filing their COCs. The said supporters werealready being transported back to their respective barangays afterthe COC filing. Penera stressed that no speech was made by any

person, and there was only background marching music and a
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grand standing for the purpose of raising the hands of thecandidates in the motorcade.20. Same ; Same ; With the enactment of Republic Act No. 9369,our lawmakers have decided to do away with the imposition of a

penalty on premature campaigning . - The effects brought about by premature campaigning asenunciated in Chavez are real. However, withthe enactment of R.A.9369, our lawmakers have decided to do away with the impositionof a penalty on premature campaigning. It is not for this Court toquestion the wisdom of the policy behind legislative enactments.

Division : EN BANC

Docket Number : G.R. No. 181613

Counsel : Eduardo M. Arriba

Dispositive Portion :WHEREFORE, premises considered, the instant Petition for Certiorariis hereby DISMISSED. The Resolutions dated 24 July 2007 and 30January 2008 of the COMELEC Second Division and en banc,respectively, in SPA No. 07-224 are hereby AFFIRMED. In view of

the disqualification of petitioner Rosalinda A. Penera from runningfor the office of Mayor of Sta. Monica, Surigao del Norte, and theresulting permanent vacancy therein, it is hereby DECLARED thatthe proclaimed Vice Mayor is the rightful successor to said office.The Temporary Restraining Order issued on 4 March 2008 is herebyORDERED lifted. Costs against the petitione

ROSALINDA A. PENERA, Petitioner,

G.R. No. 181613

COMMISSION ON ELECTIONS Promulgated: and EDGAR T. ANDANAR,

Respondents. November 25, 2009
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x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

R E S O L U T I O N

CARPIO, J .:

We grant Rosalinda A. Peneras (Penera) motion for reconsideration of thisCourts Decision of 11 September 2009 (Decision).

The assailed Decision dismissed Peneras petition and affirmed theResolution dated 30 July 2008 of the COMELEC En Banc as well as theResolution dated 24 July 2007 of the COMELEC Second Division. The Decisiondisqualified Penera from running for the office of Mayor in Sta. Monica, Surigaodel Norte and declared that the Vice-Mayor should succeed Penera.

In support of her motion for reconsideration, Penera submits the followingarguments:

1. Penera was not yet a candidate at the time of the incident underSection 11 of RA 8436 as amended by Section 13 of RA 9369.

2. The petition for disqualification failed to submit convincing andsubstantial evidence against Penera for violation of Section 80 of theOmnibus Election Code.

3. Penera never admitted the allegations of the petition fordisqualification and has consistently disputed the charge of prematurecampaigning.

4. The admission that Penera participated in a motorcade is not thesame as admitting she engaged in premature election campaigning.


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Section 79(a) of the Omnibus Election Code defines a candidate as any person aspiring for or seeking an elective public office, who has filed a certificateof candidacy x x x. The second sentence, third paragraph, Section 15 of RA

8436, as amended by Section 13 of RA 9369, provides that [a]ny person whofiles his certificate of candidacy within [the period for filing] shall only be

considered as a candidate at the start of the campaign period for which he

filed his certificate of candidacy. The immediately succeeding proviso in thesame third paragraph states that unlawful acts or omissions applicable to a

candidate shall take effect only upon the start of the aforesaid campaign

period. These two provisions determine the resolution of this case.

The Decision states that [w]hen the campaign period starts and [the personwho filed his certificate of candidacy] proceeds with his/her candidacy, his/herintent turning into actuality, we can already consider his/her acts, after the filing

of his/her COC and prior to the campaign period, as the promotion of his/her

election as a candidate, hence, constituting premature campaigning, for which

he/she may be disqualified .[1]

Under the Decision, a candidate may already be liable for prematurecampaigning after the filing of the certificate of candidacy but even before thestart of the campaign period . From the filing of the certificate of candidacy,even long before the start of the campaign period, the Decision considers the

partisan political acts of a person so filing a certificate of candidacy as thepromotion of his/her election as a candidate. Thus, such person can bedisqualified for premature campaigning for acts done before the start of thecampaign period. In short, the Decision considers a person who files a

certificate of candidacy already a candidate even before the start of the

campaign period.

The assailed Decision is contrary to the clear intent and letter of the law.
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The Decision reverses Lanot v. COMELEC ,[2] which held that a person who

files a certificate of candidacy is not a candidate until the start of the

campaign period . In Lanot, this Court explained:

Thus, the essential elements for violation of Section 80 of theOmnibus Election Code are: (1) a person engages in an electioncampaign or partisan political activity; (2) the act is designed to promotethe election or defeat of a particular candidate or candidates; (3) the actis done outside the campaign period.

The second element requires the existence of a candidate. UnderSection 79(a), a candidate is one who has filed a certificate of candidacyto an elective public office. Unless one has filed his certificate of

candidacy, he is not a candidate. The third element requires that thecampaign period has not started when the election campaign or partisan political activity is committed.

Assuming that all candidates to a public office file their certificates ofcandidacy on the last day, which under Section 75 of the Omnibus ElectionCode is the day before the start of the campaign period, then no one can be

prosecuted for violation of Section 80 for acts done prior to such last day.Before such last day, there is no particular candidate or candidates tocampaign for or against. On the day immediately after the last day of filing,

the campaign period starts and Section 80 ceases to apply since Section 80covers only acts done outside the campaign period.

Thus, if all candidates file their certificates of candidacy on the last day,Section 80 may only apply to acts done on such last day, which is beforethe start of the campaign period and after at least one candidate has filed hiscertificate of candidacy. This is perhaps the reason why those running forelective public office usually file their certificates of candidacy on the lastday or close to the last day.

There is no dispute th at Eusebios acts of election campaigning or partisan political activities were committed outside of the campaign period.The only question is whether Eusebio, who filed his certificate of candidacyon 29 December 2003, was a candidate when he committed those acts

before the start of the campaign period on 24 March 2004.


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Section 11 of Republic Act No. 8436 (RA 8436) moved the deadlinefor the filing of certificates of candidacy to 120 days before election day.Thus, the original deadline was moved from 23 March 2004 to 2 January2004, or 81 days earlier. The crucial question is: did this change in thedeadline for filing the certificate of candidacy make one who filed hiscertificate of candidacy before 2 January 2004 immediately liable forviolation of Section 80 if he engaged in election campaign or partisan

political activities prior to the start of the campaign period on 24 March2004?

Section 11 of RA 8436 provides:

SECTION 11. Official Ballot. The Commissionshall prescribe the size and form of the official ballot whichshall contain the titles of the positions to be filled and/orthe propositions to be voted upon in an initiative,referendum or plebiscite. Under each position, the names ofcandidates shall be arranged alphabetically by surname anduniformly printed using the same type size. A fixed spacewhere the chairman of the Board of Election Inspectorsshall affix his/her signature to authenticate the official

ballot shall be provided.

Both sides of the ballots may be used when necessary.

For this purpose, the deadline for the filing of certificate ofcandidacy/petition for registration/ manifestation to participate in theelection shall not be later than one hundred twenty (120) days beforethe elections: Provided, That, any elective official, whether national orlocal, running for any office other than the one which he/she is holding in a

permanent capacity, except for president and vice-president, shall bedeemed resigned only upon the start of the campaign period correspondingto the position for which he/she is running: Provided, further, That,unlawful acts or omissions applicable to a candidate shall take effect uponthe start of the aforesaid campaign period: Provided, finally, That, for

purposes of the May 11, 1998 elections, the deadline for filing of thecertificate of candidacy for the positions of President, Vice-President,Senators and candidates under the party-list system as well as petitions forregistration and/or manifestation to participate in the party-list system shall

be on February 9, 1998 while the deadline for the filing of certificate ofcandidacy for other positions shall be on March 27, 1998.


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The official ballots shall be printed by the National Printing Office and/orthe Bangko Sentral ng Pilipinas at the price comparable with that of private

printers under proper security measures which the Commission shalladopt. The Commission may contract the services of private printersupon certification by the National Printing Office/ Bangko Sentral ng

Pilipinas that it cannot meet the printing requirements. Accredited political parties and deputized citizens arms of the Commission may assignwatchers in the printing, storage and distribution of official ballots.

To prevent the use of fake ballots, the Commissionthrough the Committee shall ensure that the serial numberon the ballot stub shall be printed in magnetic ink that shall

be easily detectable by inexpensive hardware and shall beimpossible to reproduce on a photocopying machine, andthat identification marks, magnetic strips, bar codes andother technical and security markings, are provided on the

ballot.

The official ballots shall be printed and distributedto each city/municipality at the rate of one (1) ballot forevery registered voter with a provision of additional four(4) ballots per precinct.

Under Section 11 of RA 8436, the only purpose for the earlyfiling of certificates of candidacy is to give ample time for theprinting of official ballots. This is clear from the followingdeliberations of the Bicameral Conference Committee:

SENATOR GONZALES. Okay. Then, how about thecampaign period, would it be the same[,] uniform for localand national officials?

THE CHAIRMAN (REP. TANJUATCO). Personally, I would agree toretaining it at the present periods.

SENATOR GONZALES. But the moment one files a certificate ofcandidacy, hes already a candidate, and there are many prohibited acts onthe part of candidate.

THE CHAIRMAN (REP. TANJUATCO). Unless we. . . .


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SENATOR GONZALES. And you cannot say that the campaign period hasnot yet began (sic).

THE CHAIRMAN (REP. TANJUATCO). If we dont provide that thefiling of the certificate will not bring about ones being a candidate.

SEN ATOR GONZALES. If thats a fact, the law cannot change a fact.

THE CHAIRMAN (REP. TANJUATCO). No, but if we can provide thatthe filing of the certificate of candidacy will not result in that officialvacating his position, we can also provide that insofar he is concerned,election period or his being a candidate will not yet commence. Becausehere, the reason why we are doing an early filing is to afford enoughtime to prepare this machine readable ballots.

So, with the manifestations from the Commission on Elections, Mr.Chairman, the House Panel will withdraw its proposal and will agree to the120-day period provided in the Senate version.

THE CHAIRMAN (SENATOR FERNAN). Thank you, Mr. Chairman.

x x x x

SENATOR GONZALES. How about prohibition against campaigning ordoing partisan acts which apply immediately upon being a candidate?

THE CHAIRMAN (REP. TANJUATCO). Again, since the intention ofthis provision is just to afford the Comelec enough time to print theballots, this provision does not intend to change the campaign periodsas presently, or rather election periods as presently fixed by existinglaw.

THE ACTING CHAIRMAN (SEN. FERNAN). So, it should be subject tothe other prohibition.

THE CHAIRMAN (REP. TANJUATCO). Thats right.

THE ACTING CHAIRMAN (SEN. FERNAN). Okay.

THE CHAIRMAN (REP. TANJUATCO). In other words, actually, therewould be no conflict anymore because we are talking about the 120-day

period before election as the last day of filing a certificate of candidacy,


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election period starts 120 days also. So that is election period already. Buthe will still not be considered as a candidate.

Thus, because of the early deadline of 2 January 2004 for purposes of printing of official ballots, Eusebio filed his certificate ofcandidacy on 29 December 2003. Congress, however, never intended thefiling of a certificate of candidacy before 2 January 2004 to make the

person filing to become immediately a candidate for purposes otherthan the printing of ballots. This legislative intent prevents theimmediate application of Section 80 of the Omnibus Election Code tothose filing to meet the early deadline. The clear intention of Congresswas to preserve the election periods as x x x fixed by existing law

prior to RA 8436 and that one wh o files to meet the early deadline willstill not be considered as a candidate .[3] (Emphasis in the original)

Lanot was decided on the ground that one who files a certificate ofcandidacy is not a candidate until the start of the campaign period. This groundwas based on the deliberations of the legislators who explained the intent of the

provisions of RA 8436, which laid the legal framework for an automated electionsystem. There was no express provision in the original RA 8436 stating that onewho files a certificate of candidacy is not a candidate until the start of the

campaign period.

When Congress amended RA 8436, Congress decided to expresslyincorporate the Lanot doctrine into law, realizing that Lanot merely relied on thedeliberations of Congress in holding that

The clear intention of Congress was to preserve the election periodsas x x x fixed by existing law prior to RA 8436 and that one who filesto meet the early deadline will still not be considered as acandidate. [4] (Emphasis supplied)

Congress wanted to insure that no person filing a certificate of candidacyunder the early deadline required by the automated election system would bedisqualified or penalized for any partisan political act done before the start of the
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campaign period. Thus, in enacting RA 9369, Congress expressly wrotethe Lanot doctrine into the second sentence , third paragraph of the amendedSection 15 of RA 8436, thus:

x x x

For this purpose, the Commission shall set the deadline for the filing ofcertificate of candidacy/petition for registration/manifestation to participatein the election. Any person who files his certificate of candidacy withinthis period shall only be considered as a candidate at the start of thecampaign period for which he filed his certificate ofcandidacy: Provided, That, unlawful acts or omissions applicable to acandidate shall take effect only upon the start of the aforesaid campaign

period: Provided, finally, That any person holding a public appointiveoffice or position, including active members of the armed forces, andofficers and employees in government-owned or -controlled corporations,shall be considered ipso facto resigned from his/her office and must vacatethe same at the start of the day of the filing of his/her certificate ofcandidacy. (Boldfacing and underlining supplied)

Congress elevated the Lanot doctrine into a statute by specifically inserting itas the second sentence of the third paragraph of the amended Section 15 of RA8436, which cannot be annulled by this Court except on the sole ground of itsunconstitutionality. The Decision cannot reverse Lanot without repealingthis second sentence , because to reverse Lanot would mean repealing this secondsentence .

The assailed Decision, however, in reversing Lanot does not claim thatthis second sentence or any portion of Section 15 of RA 8436, as amended by RA

9369, is unconstitutional. In fact, the Decision considers the entire Section 15good law. Thus, the Decision is self-contradictory reversing Lanot butmaintaining the constitutionality of the second sentence , which embodiesthe Lanot doctrine. In so doing, the Decision is irreconcilably in conflict with the


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clear intent and letter of the second sentence , third paragraph, Section 15 of RA8436, as amended by RA 9369.

In enacting RA 9369, Congress even further clarified the first proviso in thethird paragraph of Section 15 of RA 8436. The original provision in RA 8436states

x x x Provided, further, That, unlawful acts or omissions applicable to acandidate shall take effect upon the start of the aforesaid campaign

period, x x x.

In RA 9369, Congress inserted the word only so that the first proviso now reads

x x x Provided, That, unlawful acts or omissions applicable to acandidate shall take effect only upon the start of the aforesaid campaign

period x x x. (Emphasis supplied)

Thus, Congress not only reiterated but also strengthened its mandatorydirective that election offenses can be committed by a candidate only upon thestart of the campaign period. This clearly means that before the start of thecampaign period, such election offenses cannot be so committed.

When the applicable provisions of RA 8436, as amended by RA 9369, are

read together, these provisions of law do not consider Penera a candidate for purposes other than the printing of ballots, until the start of the campaign period. There is absolutely no room for any other interpretation.

We quote with approval the Dissenting Opinion of Justice Antonio T.Carpio:


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x x x The definition of a candidate in Section 79(a) of theOmnibus Election Code should be read together with the amendedSection 15 of RA 8436. A candidate refers to any person aspiring for

or seeking an elective public office, who has filed a certificate ofcandidacy by himself or through an accredited political party,aggroupment or coalition of parties. However, it is no longer enough tomerely file a certificate of candidacy for a person to beconsidered a candidate because any person who files his certificateof candidacy within [the filing] period shall onl y be considered acandidate at the start of the campaign per iod for which he filed hiscertificate of candidacy . Any person may thus file a certificate ofcandidacy on any day within the prescribed period for filing a certificateof candidacy yet that person shall be considered a candidate, for

purposes of determinin g ones possible violations of election laws, onlyduring the campaign period . Indeed, there is no election campaignor partisan political activity designed to promote the election or defeatof a particular candidate or candidates to public office simply becausethere is no candidate to speak of prior to the start of the campaign

period. Therefore, despite the filing of her certificate of candidacy, thelaw does not consider Penera a candidate at the time of the questionedmotorcade which was conducted a day before the start of the campaign

period. x x x

The campaign period for local officials began on 30 March 2007 andended on 12 May 2007. Penera filed her certificate of candidacy on 29March 2007. Penera was thus a candidate on 29 March 2009 only for

purposes of printing the ballots. On 29 March 2007, the law still did notconsider Penera a candidate for purposes other than the printing ofballots. Acts committed by Penera prior to 30 March 2007, the date whenshe became a candidate, even if constituting election campaigning or

partisan political activities, are not punishable under Section 80 of theOmnibus Election Code. Such acts are within the realm of a citizens

protected freedom of expression. Acts committed by Penera within the

campaign period are not covered by Section 80 as Section 80 punishes onlyacts outside the campaign period .[5]

The assailed Decision gives a specious reason in explaining away thefirst proviso in the third paragraph, the amended Section 15 of RA 8436


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political partisan activities before the start of the campaign period are lawful. It issufficient for Congress to state that any unlawful act or omission applicable toa candidate shall take effect only upon the start of the campaign period . The

only inescapable and logical result is that the same acts, if done before the start ofthe campaign period, are lawful.

In laymans language, this means that a candidate is liable for an electionoffense only for acts done during the campaign period, not before. The law isclear as daylight any election offense that may be committed by a candidateunder any election law cannot be committed before the start of the campaign

period. In ruling that Penera is liable for premature campaigning for partisan political acts before the start of the campaigning, the assailed Decision ignores theclear and express provision of the law.

The Decision rationalizes that a candidate who commits prematurecampaigning can be disqualified or prosecuted only after the start of the campaign

period. This is not what the law says. What the law says is any unlawful act or

omission applicable to a candidate shall take effect only upon the start of the

campaign period . The plain meaning of this provision is that the effective datewhen partisan political acts become unlawful as to a candidate is when thecampaign period starts. Before the start of the campaign period,

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