disqualify petitioner Rosalinda Penera (Penera) as mayoralty
candidate in Sta. Monica, Surigao del Norte, for engaging in election
campaign outside the campaign period, in violation of Section 80 of
Batas Pambansa Blg. 881 (the Omnibus Election Code).
Penera moved for reconsideration, arguing that she was not yet a
candidate at the time of the supposed premature campaigning, since
under Section 15 of Republic Act No. 8436 (the law authorizing the
COMELEC to use an automated election system for the process of
voting, counting of votes, and canvassing/consolidating the results of
the national and local elections), as amended by Republic Act No.
9369, one is not officially a candidate until the start of the campaign
period.
Issue:
Whether or not Penera’s disqualification for engaging in premature
campaigning
should
be
reconsidered.
Holding:
Granting Penera’s motion for reconsideration, the Supreme Court En
Banc
held
that
Penera did not engage in premature campaigning and should, thus,
not be disqualified as a mayoralty candidate. The Court said –
(A) The Court’s 11 September 2009 Decision (or “the assailed
Decision”)
considered
a
person who files a certificate of candidacy already a “candidate” even
before the start of the campaign period. This is contrary to the clear
intent and letter of Section 15 of Republic Act 8436, as amended,
which states that a person who files his certificate of candidacy will
only be considered a candidate at the start of the campaign period,
and unlawful acts or omissions applicable to a candidate shall take
effect only upon the start of such campaign period.
Thus,
applying
said
law: