What we however find disturbing is [Peneras] reference to
the Ampig Case as the justification for the acts committed by
[her]. There is really no reference to the acts or similar acts committed
by [Penera] as having been considered as not constituting political
campaign or partisan political activity. The issue in that case is whether
or not the defect of the lack of a certification against non-forum [sic]
shopping should result to the immediate dismissal of the election cases
filed in that case. There is nothing in said case justifying a motorcade
during the filing of certificates of candidacy. [Peneras] reliance thereon
is therefore misplaced and of no potency at all.
xxxx
However, the photos submitted by [Andanar] only identified
[Penera] and did not have any notation identifying or indicating any of
the other [candidates from Peneras party]. It cannot be conclusively
proven that the other [candidates from Peneras party] were indeed with
Penera during the Motorcade. More importantly, the Answer and the
Position Paper contain admissions referring only to [Penera]. There is
therefore no justification for a whole sale [sic] disqualification of all the
[candidates from Peneras party], as even the petition failed to mention
particularly the participation of the other individual [party members]. [10]
The afore-quoted findings of fact led the COMELEC Second Division to decree:
PREMISES CONSIDERED, this Commission resolves to disqualify
[Penera] but absolves the other [candidates from Peneras party] from
violation of section 80 and 68 of the Omnibus Elections [sic] Code. [11]