The Dissenting Opinion, therefore, should not be too quick to pronounce
the ineffectiveness or repeal of Section 80 of the Omnibus Election Code just
because of a change in the meaning of candidate by Section 15 of Republic Act
No. 8436, as amended, primarily, for administrative purposes. An
interpretation should be avoided under which a statute or provision being construed
is defeated, or as otherwise expressed, nullified, destroyed, emasculated, repealed,
explained away, or rendered insignificant, meaningless, inoperative, or nugatory.
[45]
Indeed, not only will the prohibited act of premature campaigning be officially
decriminalized, the value and significance of having a campaign period before the
conduct of elections would also be utterly negated. Any unscrupulous individual
with the deepest of campaign war chests could then afford to spend his/her
resources to promote his/her candidacy well ahead of everyone else. Such is the
very evil that the law seeks to prevent. Our lawmakers could not have intended to
cause such an absurd situation.
The Dissenting Opinion attempts to brush aside our preceding arguments by
contending that there is no room for statutory construction in the present case
since Section 15 of Republic Act No. 8436,[46] as amended by Section 13 of
Republic Act No. 9369,[47] is crystal clear in its meaning. We disagree. There would
only be no need for statutory construction if there is a provision in Republic Act
No. 8436 or Republic Act No. 9369 that explicitly states that there shall be no more
premature campaigning. But absent the same, our position herein, as well as that of
the Dissenting Opinion, necessarily rest on our respective construction of the legal
provisions involved in this case.
Notably, while faulting us for resorting to statutory construction to resolve
the instant case, the Dissenting Opinion itself cites a rule of statutory construction,
particularly, that penal laws should be liberally construed in favor of the
offender. The Dissenting Opinion asserts that because of the third paragraph in
Section 15 of Republic Act No. 8436, as amended, the election offense described in
Section 80 of the Omnibus Election Code is practically impossible to commit at