THE Supreme Court clarified on Wednesday that its 8-7 decision disqualifying a town mayor for premature campaigning is not applicable to would-be candidates in the coming 2010 elections.
“The case of Surigao del Norte Mayor Rosalinda Penera only applies to the facts of her case. It cannot be used as basis to disqualify candidates who have not yet filed their certificates of candidacy. These are two different cases,” the High Court spokesman, lawyer Jose Midas Marquez, said.
Marquez explained that Penera had already filed her certificate of candidacy when she and her partymates held a motorcade, complete with banners, and enticed the people to vote for them before the official campaign period.
The Commission on Elections found Penera guilty for violating Section 80 of the Omnibus Election Code (OEC), which states that election campaign or partisan political activity outside the campaign period shall be unlawful for any person, whether or not a voter or candidate, except during the campaign period.
Under elections laws, campaigning is allowed only 90 days before the election for national candidates and 45 days for local candidates.
The High Court ruling said that making speeches or holding interviews for or against the election of any candidate for public office, the holding of political caucuses, publishing or distributing campaign literature and directly or indirectly soliciting votes fall under regulated partisan political activity.
The High Court also cited Section 79 of the Omnibus Election Code enumerates what is considered partisan political activity, namely: forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate, holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies, for the purpose of soliciting votes.
According to Marquez, presidential aspirants with running informercials are not covered by the law as they have not yet filed their certificates of candidacy.
“Technically, you are only considered a candidate if you have already filed your certificate of candidacy,” Marquez said.
The filing of certificate of candidacy for candidates running in the 2010 elections will start on November 20 and will end on the 30th. — William B. Depasupil, Manila Times
Invoke Article 33 of the ILO constitution
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