Supreme Court tackles premature campaign cases

MANILA, Philippines - Justices of the Supreme Court are set to deliberate two cases on premature campaigning and on the resignation of appointive officials running for elective office when they resume session today following a three-week recess.

Lawyer Jose Midas Marquez, SC spokesman, said these are the appeal of Mayor Rosalinda Penera of Sta. Monica, Surigao del Norte on her disqualification for premature campaigning, and the petition of lawyer Romulo Macalintal to stop the Commission on Elections (Comelec) from requiring appointive officials to resign before filing their certificates of candidacy.

“These cases are important, especially since rulings of the Court here will used by Comelec to clarify or spell out rules on premature campaigning and resignation of Cabinet officials who will join next year’s elections,” he said.

Penera has asked the SC to reconsider its decision disqualifying her from running in May 2007 for premature campaigning.

She reiterated her main argument that she could not be disqualified for leading a motorcade in the municipality a day before the official campaign period provided under the law.

Last Sept. 11, the SC upheld the Comelec in ruling that she violated the rule on premature campaigning under the Omnibus Election Code.

The decision was written by Associate Justice Minita Chico-Nazario.

Section 80 of the Omnibus Election Code states: “It shall be unlawful for any person, whether or not a voter or candidate, or any party or association of persons, to engage in an election campaign or partisan political activity, except during the campaign period.”

However, Penera said under Republic Act 9369, the Poll Automation Law, she could not be penalized for leading the motorcade because she had not yet filed her certificate of candidacy then and therefore could not be subjected to disqualification.      – Edu Punay