As we previously noted, Penera and her witnesses admitted that the vehicles,
consisting of two jeepneys and ten motorcycles, were festooned with multi-colored
balloons; the motorcade went around three barangays in Sta. Monica; and Penera
and her partymates waved their hands and threw sweet candies to the crowd. With
vehicles, balloons, and even candies on hand, Penera can hardly persuade us that
the motorcade was spontaneous and unplanned.
For violating Section 80 of the Omnibus Election Code, proscribing election
campaign or partisan political activity outside the campaign period, Penera must be
disqualified from holding the office of Mayor of Sta. Monica.
The questions of law
The dissenting opinion, however, raises the legal issue that Section 15 of Republic
Act No. 8436, as amended by Republic Act No. 9369, provides a new definition of
the term candidate, as a result of which, premature campaigning may no longer be
committed.
Under Section 79(a) of the Omnibus Election Code, a candidate is any person
aspiring for or seeking an elective public office, who has filed a certificate of
candidacy by himself or through an accredited political party, aggroupment, or
coalition of parties.
Republic Act No. 8436,[32] enacted on 22 December 1997, authorized 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. The statute also mandated the COMELEC to acquire automated
counting machines, computer equipment, devices and materials; and to adopt new