the designated start of the campaign period before they commence their election
campaign or partisan political activities. Indeed, such is the only way for them to
avoid disqualification on the ground of premature campaigning. It is not for us to
carve out exceptions to the law, much more to decree away the repeal thereof, in
order to accommodate any class of individuals, where no such exception or repeal
is warranted.
Lastly, as we have observed at the beginning, Peneras Petition is essentially
grounded on questions of fact. Peneras defense against her disqualification, before
the COMELEC and this Court, rests on the arguments that she and her partymates
did not actually hold a motorcade; that their supporters spontaneously
accompanied Penera and the other candidates from her political party when they
filed their certificates of candidacy; that the alleged motorcade was actually the
dispersal of the supporters of Penera and the other candidates from her party as
said supporters were dropped off at their respective barangays; and that Andanar
was not able to present competent, admissible, and substantial evidence to prove
that Penera committed premature campaigning. Penera herself never raised the
argument that she can no longer be disqualified for premature campaigning
under Section 80, in relation to Section 68, of the Omnibus Election Code,
since the said provisions have already been, in the words of the Dissenting
Opinion, rendered inapplicable, repealed, and done away with by Section 15
of Republic Act No. 8436, as amended. This legal argument was wholly raised by
the Dissenting Opinion.
As a rule, a party who deliberately adopts a certain theory upon which the case is
tried and decided by the lower court will not be permitted to change theory on
appeal. Points of law, theories, issues, and arguments not brought to the attention
of the lower court need not be, and ordinarily will not be, considered by a
reviewing court, as these cannot be raised for the first time at such late stage. Basic
considerations of due process underlie this rule.[50] If we do not allow and consider
the change in theory of a case by a party on appeal, should we not also refrain