campaigning as there is no candidate, whose disqualification may be sought, to
begin with.[42]
Third, in connection with the preceding discussion, the line in Section 15 of
Republic Act No. 8436, as amended, which provides that any unlawful act or
omission applicable to a candidate shall take effect only upon the start of the
campaign period, does not mean that the acts constituting premature campaigning
can only be committed, for which the offender may be disqualified, during the
campaign period. Contrary to the pronouncement in the dissent, nowhere in the
said proviso was it stated that campaigning before the start of the campaign period
is lawful, such that the offender may freely carry out the same with impunity.
As previously established, a person, after filing his/her COC but prior to his/her
becoming a candidate (thus, prior to the start of the campaign period), can
already commit the acts described under Section 79(b) of the Omnibus Election
Code as election campaign or partisan political activity. However, only after said
person officially becomes a candidate, at the beginning of the campaign period, can
said acts be given effect as premature campaigning under Section 80 of the
Omnibus Election Code. Only after said person officially becomes a candidate, at
the start of the campaign period, can his/her disqualification be sought for acts
constituting premature campaigning. Obviously, it is only at the start of the
campaign period, when the person officially becomes a candidate, that the
undue and iniquitous advantages of his/her prior acts, constituting premature
campaigning, shall accrue to his/her benefit. Compared to the other candidates
who are only about to begin their election campaign, a candidate who had
previously engaged in premature campaigning already enjoys an unfair headstart in
promoting his/her candidacy.
As can be gleaned from the foregoing disquisition, harmony in the provisions of
Sections 80 and 79 of the Omnibus Election Code, as well as Section 15 of
Republic Act No. 8436, as amended, is not only very possible, but in fact desirable,
necessary and consistent with the legislative intent and policy of the law.