The COMELEC Second Division found that:
On the afternoon of 29 March 2007, the 1st [sic] day to file the
certificates of candidacy for local elective positions and a day before the
start of the campaign period for the May 14, 2007 elections [some of the
members of the political party Partido Padajon Surigao], headed by their
mayoralty candidate Datty Penera, filed their respective Certificates of
Candidacy before the Municipal Election Officer of Sta. Monica,
Surigao del Norte.
Accompanied by a bevy of supporters, [Penera and her
partymates] came to the municipal COMELEC office on board a convoy
of two (2) trucks and an undetermined number of motorcycles, laden
with balloons ad [sic] posters/banners containing names and pictures and
the municipal positions for which they were seeking election. Installed
with [sic] one of the trucks was a public speaker sound subsystem which
broadcast [sic] the intent the [sic] run in the coming elections. The truck
had the posters of Penera attached to it proclaiming his [sic] candidacy
for mayor. The streamer of [Mar Longos, a candidate for the position of
Board Member,] was proudly seen at the vehicles side. The group
proceeded to motorcade until the barangays of Bailan, Libertad and as
afar [sic] as Mabini almost nine (9) kilometers from Sta.
Monica. [Penera and her partymates] were seen aboard the vehicles and
throwing candies to the residents and onlookers.
Various affidavits and pictures were submitted elucidating the
above-mentioned facts. The above facts were also admitted in the
Answer, the Position Paper and during the hearings conducted for this
case, the only defense propounded by [Penera] is that such acts allegedly
do not constitute campaigning and is therefore not proscribed by the
pertinent election laws.
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