Penera alone filed an Answer[7] to the Petition on 19 April 2007, averring
that the charge of premature campaigning was not true. Although Penera admitted
that a motorcade did take place, she explained that it was simply in accordance
with the usual practice in nearby cities and provinces, where the filing of
certificates of candidacy (COCs) was preceded by a motorcade, which dispersed
soon after the completion of such filing. In fact, Penera claimed, in the motorcade
held by her political party, no person made any speech, not even any of the
candidates. Instead, there was only marching music in the background and a grand
standing for the purpose of raising the hands of the candidates in the
motorcade. Finally, Penera cited Barroso v. Ampig[8] in her defense, wherein the
Court supposedly ruled that a motorcade held by candidates during the filing of
their COCs was not a form of political campaigning.
Also on 19 April 2007, Andanar and Penera appeared with their counsels
before the ORED-Region XIII, where they agreed to submit their position papers
and other evidence in support of their allegations.[9]
After the parties filed their respective Position Papers, the records of the case
were transmitted to the COMELEC main office in Manila for adjudication. It was
subsequently raffled to the COMELEC Second Division.
While SPA No. 07-224 was pending before the COMELEC Second
Division, the 14 May 2007 elections took place and, as a result thereof, Penera was
proclaimed the duly elected Mayor of Sta. Monica. Penera soon assumed office
on 2 July 2002.
On 24 July 2007, the COMELEC Second Division issued its Resolution in
SPA No. 07-224, penned by Commissioner Nicodemo T. Ferrer (Ferrer), which
disqualified Penera from continuing as a mayoralty candidate in Sta. Monica, for
engaging in premature campaigning, in violation of Sections 80 and 68 of the
Omnibus Election Code.