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Facts:
The COMELEC disqualified petitioner Rosalinda A. Penera
(Penera) as a candidate for mayor of the Municipality of Sta.
Monica, Surigao del Norte, for unlawfully engaging in election
campaign before the start of the campaign period for the 2007
Synchronized National and Local Elections, in violation of Section 80
of Batas Pambansa 881 (the Omnibus Election Code).
Penera and her party-mates, after filing their Certificates of
Candidacy, conducted a motorcade through Sta. Monica and threw
candies to onlookers, aboard trucks with balloons and banners
bearing their names and pictures and the municipal positions for
which they were seeking election, one of which trucks had a sound
system that broadcast their intent to run in the 2007 elections.
COMELEC Commissioner Rene V. Sarmiento dissented. He
emphasized that under Section 15 of Republic Act 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 now
considered a candidate only at the start of the campaign period.
Thus, before the start of the campaign period, there can be no
election campaign or partisan political activity because there is no
candidate to speak of. Accordingly, Penera could not be disqualified
for premature campaigning because the motorcade took place
outside the campaign period when Penera was not yet a
candidate. Sarmiento posited that Section 15 of R.A. No. 8436, as
amended by R.A. 9369, has practically made it impossible to
commit premature campaigning at any time, and has, thus,
effectively repealed Section 80 of the Omnibus Election Code.
Penera filed a Petition for Certiorari before the Supreme Court to
nullify the disqualification. She argued that the evidence was
grossly insufficient to warrant the COMELECs ruling. She
maintained that the motorcade was spontaneous and unplanned,
and the supporters merely joined her and the other candidates.
Issue: WON Penera was guilty of premature campaigning
Holding/Ratio:
NO. The Supreme Court held that Penera did not engage in
premature campaigning and should not be disqualified as a
mayoralty candidate. The Court said
(A) The Courts 11 September 2009 Decision (or the assailed