SECTION. 68. Disqualifications. - Any candidate who, in an action or
protest in which he is a party is declared by final decision of a competent
court guilty of, or found by the Commission of having xxx (e) violated
any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc,
subparagraph 6, shall be disqualified from continuing as a candidate,
or if he has been elected, from holding the office. Any person who is a
permanent resident of or an immigrant to a foreign country shall not be
qualified to run for any elective office under this Code, unless said
person has waived his status as permanent resident or immigrant of a
foreign country in accordance with the residence requirement provided
for in the election laws. (Emphases ours.)
In the case at bar, it had been sufficiently established, not just by Andanars
evidence, but also those of Penera herself, that Penera and her partymates, after
filing their COCs on 29 March 2007, participated in a motorcade which passed
through the different barangays of Sta. Monica, waived their hands to the public,
and threw candies to the onlookers.
Indeed, Penera expressly admitted in her Position Paper that:
Respondents actually had a motorcade of only two (2) jeppneys
[sic] and ten (10) motorcycles after filing their Certificate of
Candidacy at 3:00 P.M., March 29, 2007 without any speeches made
and only one streamer of a board member Candidate and multi-colored
balloons attached to the jeppneys [sic] and motorcycles. [29] (Emphasis
ours.)