Premature campaigning is now gone from our statute books.

This is the effect of the Supreme Court resolution in Rosalinda Penera vs. Commission on Elections , G.R. No. 181 1!, "# No$ember "%%& '(ustice Carpio, pontente). Background of the applicable laws Section 8% of the Omnibus Election Code '*+lection Co,e-) prohibits an. person, whether a can,i,ate or not, from engaging in election campaign or partisan political acti$it. e/cept ,uring the campaign perio, fi/e, b. law. Section 8% of the Election Code rea,s0 S+CT12N 8%. Election campaign or partisan political activity outside campaign period . 3 1t shall be unlawful for an. person, whether or not a $oter or can,i,ate, or for an. part., or association of persons, to engage in an election campaign or partisan political acti$it. e/cept ,uring the campaign perio,0 / / / Premature campaigning use, to be a criminal offense an, a groun, for ,is4ualification of guilt. can,i,ates. Section 8 of the Election Code rea,s0 S+CT12N. 8. Disqualifications. 5 6n. can,i,ate who, in an action or protest in which he is a part. is an, " 1, paragraphs ,, e, k, $, an, cc, subparagraph , ,eclare, b. final ,ecision of a competent court guilt. of, or foun, b. the Commission of ha$ing / / / 'e) $iolate, an. of Sections 8%, 8!, 8#, 8 /// 1n 1&&8, Congress passe, Republic 6ct 'R.6.) No. 89! Elections o !se An Automated Election "ystem #n 'An Act Authorizing he Commission On he $ay %%& %''( )ational Or *ocal Elections And herefor And ,or Other shall be ,is4ualifie, from continuing as a can,i,ate, or if he has been electe,, from hol,ing the office7

#n "ubsequent )ational And *ocal Electoral E+ercises& Providing ,unds Purposes). Section 1# of R.6. 89! , as amen,e, b. R.6. &! &, pro$i,es0 S+CT12N.1#. Official -allot. 5 / / / ///

:or this purpose, the Commission shall set the ,ea,line for the filing of certificate of can,i,ac.;petition of registration;manifestation to participate in the election. 6n. person who files his certificate of can,i,ac. within this perio, shall onl. be consi,ere, as a can,i,ate at the start of the campaign perio, for which he file, his certificate of can,i,ac.0 Pro$i,e,, That, unlawful acts or omissions applicable to a can,i,ate shall take effect onl. upon the start of the aforesai, campaign perio,<.= Background of the case; Previous Ruling Rosalin,a Penera was a can,i,ate for ma.or in Sta. >onica, Surigao ?el Norte, ,uring the "%%8 elections. 2n "& >arch "%%8, before procee,ing to the C2>+@+C to file her Certificate of Can,i,ac. 'CoC), Penera ha, a motorca,e aroun, the town. The motorca,e inclu,e, two trucks an, numerous motorc.cles la,en with balloons, banners, an, posters that showe, the names of their can,i,ates an, the positions the. sought. 2ne of the trucks ha, a public speaker that announce, PeneraAs can,i,ac.

for ma.or. These acts, as the C2>+@+C rule, in PeneraAs ,is4ualification case, constitute election campaign before the start of the campaign perio,. Penera was ,is4ualifie,. 1n a Resolution ,ate, "9 (ul. "%%8, the Supreme Court uphel, the C2>+@+C. The Supreme Court, at that time, ma,e the ruling that a person, after filing his;her C2C but prior to his;her becoming a can,i,ate 'thus, prior to the start of the campaign perio,), can alrea,. commit the acts ,escribe, un,er Section 8&'b) of the Election Code. Bowe$er, onl. after sai, person officiall. becomes a can,i,ate, at the beginning of the campaign perio,, can sai, acts be gi$en effect as premature campaigning un,er Section 8%. Penera file, a motion for reconsi,eration, which was recentl. grante, b. the Supreme Court. The "%%8 Resolution was re$erse,. Ruling of the Supreme Court The essential elements for $iolation of Section 8% of the Election Code are0 '1) a person engages in an election campaign or partisan political acti$it.7 '") the act is ,esigne, to promote the election or ,efeat of a particular can,i,ate or can,i,ates7 '!) the act is ,one outsi,e the campaign perio,. The secon, element re4uires the e/istence of a *can,i,ate.Cn,er Section 8&'a) of the Election Code, a can,i,ate is one who *has file, a certificate of can,i,ac.to an electi$e public office. This is 4ualifie, b. Section 1# of R.6. 89! , which pro$i,es that the person who file, a CoC *shall onl. be consi,ere, as a can,i,ate at the start of the campaign perio, for which he file, his certificate of can,i,ac..1n other wor,s, *a can,i,ate is liable for an election offense onl. for acts ,one ,uring the campaign perio,, not before. The law is clear as ,a.light 3 an. election offense that ma. be committe, b. a can,i,ate un,er an. election law cannot be committe, before the start of the campaign perio,.* This clear language is confirme, b. the ,eliberations in Congress ,uring the enactment of this law. Congress has the power to craft the law an, the Supreme Court has the ,ut. to appl. the law that is clear. Dhile the Supreme Court has the power to ,eclare this particular pro$ision as unconstitutional, an,, therefore, null an, $oi,, there is no 4uestion of unconstitutionalit. in this case. The reme,ial action woul, be before Congress, which has the power to amen, the law. The existing rule on premature campaigning The act of engaging in an election campaign or partisan political acti$it. to *promote the election or ,efeat of a particular can,i,ate or can,i,ates-, before the start of the campaign perio,, is what was commonl. known as *premature campaigning-. Eecause premature campaigning re4uires the e/istence of a *can,i,ate- an, because there is no *can,i,ate- to speak of until the start of the campaign perio,, there is no more premature campaigning.