(1) The effective date when partisan political acts become unlawful as
to
a
candidate is when the campaign period starts. Before the start of the
campaign
period,
the
same
partisan
political
acts
are
lawful.
(2) Accordingly, a candidate is liable for an election offense only for
acts done during the campaign period, not before. In other words,
election
offenses can be committed by a candidate only upon the start of the
campaign
period. Before the start of the campaign period, such election offenses
cannot
be
so committed. Since the law is clear, the Court has no recourse but to
apply it. The forum for examining the wisdom of the law, and enacting
remedial measures, is not the Court but the Legislature.
(B) Contrary to the assailed Decision, Section 15 of R.A. 8436, as
amended,
does
not
provide that partisan political acts done by a candidate before the
campaign period are unlawful, but may be prosecuted only upon the
start of the campaign period. Neither does the law state that partisan
political acts done by a candidate before the campaign period are
temporarily lawful, but becomes unlawful upon the start of the
campaign period. Besides, such a law as envisioned in the Decision,
which defines a criminal act and curtails freedom of expression and
speech,
would
be
void
for
vagueness.
(C) That Section 15 of R.A. 8436 does not expressly state that
campaigning before the start of the campaign period is lawful, as the
assailed Decision asserted, is of no moment. It is a basic principle of
law that any act is lawful unless expressly declared unlawful by law.
The mere fact that the law does not declare an act unlawful ipso facto
means that the act is lawful. Thus, there is no need for Congress to
declare in Section 15 of R.A. 8436 that partisan political activities
before the start of the campaign period are lawful. It is sufficient for