MANILA, Philippines – Aspirants for elective posts can no longer be liable for premature campaigning after the Supreme Court ruled that that offense has already been removed from the statute book.
Reversing its previous decision disqualifying Santa Monica, Surigao del Norte Mayor Rosalinda Penera, the SC said the Poll Automation Law has already repealed the provision on premature campaigning of the Omnibus Election Code.
SC spokesman Jose Midas Marquez said the new SC ruling has removed the rule on premature campaigning.
“In layman’s language, this means that a candidate is liable for an election offense only for acts done during the campaign period, not before,” read the SC decision.
“The law is clear as daylight – any election offense that may be committed by a candidate under any election law cannot be committed before the start of the campaign period for which he filed his certificate of candidacy.”
Based on the new ruling, infomercials and other advertisements of politicians are now considered as “exercise of freedom of expression,” Marquez said.
Last Sept. 11, Penera was removed from office for premature campaigning after the SC upheld the Commission on Elections.
With this new decision, the SC ordered Penera restored as mayor of Sta. Monica in Surigao del Norte.
In her motion for reconsideration last Oct. 11, Penera reiterated her argument that she could not be disqualified for leading a motorcade in the municipality a day before the official campaign period.
“Ms. Penera was not yet a candidate at that time of the incident under section 11 of R.A. 8436 as amended by section 13 of R.A. 9369,” read her motion for reconsideration.
Penera said the Omnibus Election Code has been repealed by the Poll Automation Law as to the definition of a candidate and the rule on disqualification for premature campaigning. – Edu Punay, Philippine Star
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