Monday, June 12, 2023

PREMATURE ELECTION CAMPAIGN

 Premature Election Campaign – SC Jurisprudence

G.R. 181613 dated November 25, 2009.

Ruling of the Supreme Court –: No, the court held that the campaign period for local officials began on 30 March 2007 and ended on 12 May 2007. Penera filed her certificate of candidacy on 29 March 2007. Penera was thus a candidate on 29 March 2009 only for  purposes of printing the ballots. On 29 March  2007, the law still did not consider Penera a candidate for purposes other than the printing of ballots. Acts committed by Penera

prior to 30 March 2007, the date when she became a "candidate," even if constituting election campaigning or partisan political activities, are not punishable under Section 80 of  the  Omnibus  Election  Code.  Such  acts  are  within  the  realm  of  a  citizen’s  protected  freedom  of expression.  Acts  committed  by  Penera  within  the  campaign  period are not  covered  by  Section  80  as Section 80 punishes only acts outside the campaign period.  Moreover, a person, after filing his/her COC but prior to his/her becoming a candidate (thus, prior to the start of the campaign period), can already commit the acts described under Section 79(b) of the Omnibus  Election  Code  as  election  campaign  or  partisan  political  activity,  However,  only  after  said person officially becomes a candidate, at the beginning of the campaign period, can said acts be given effect as premature campaigning under Section 80 of the Omnibus Election Code. Only after said person officially becomes a candidate, at the start of the campaign period, can his/her disqualification be sought for acts constituting premature campaigning. In Lanot v. COMELEC, it  was held that a person who files a certificate of candidacy is not a candidate until the start of the campaign period. Lanot was decided on the ground that one who files a certificate of candidacy is not a candidate until the start of the campaign period. Hence, the Motion for Reconsideration of petitioner Rosalinda A. Penera was granted.

Penera vs. Comelec (Case Digest) - Centro Escolar University School of Law and Jurisprudence – 

 G.R. No. 181613 (lawphil.net)


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VOTERS' PLEDGE

I am a Responsible and Principled Citizen.

I will educate myself and others about the issues at hand so that my vote is a meaningful and relevant exercise of my right of suffrage.

I pledge to vote for candidates who will abide by the duly constituted rules on campaigning because I understand that those who refuse to obey the law in the little things are not likely to obey the law in the more important things;

I pledge to vote for candidates who, by word and action, renounce violence, coercion, vote-buying, and corruption as means for getting elected;

I pledge to vote for the candidates who listen to their constituents and are responsive to the needs and aspirations of those they seek to represent;

I pledge to vote as my conscience dictates in all elections.

I make these promises freely and upon my honor.

(This Voter Pledge was read at the Unity Walk of 13 January 2013, by COMELEC Commissioner Elias R. Yusoph)

SOURCE: NAMFREL