Disqualified Surigao mayor appeals Supreme Court ruling

MANILA, Philippines - The mayor of Sta. Monica town in Surigao del Norte has appealed a Supreme Court (SC) ruling upholding her disqualification in the May 2007 elections for premature campaigning.

In her appeal, Mayor Rosalinda Penera reiterated her main argument that she could not be disqualified for leading a motorcade in her town a day before the campaign period officially started.

In her 46-page motion for reconsideration, Penera said she “was not yet a candidate at that time of the incident.”

In its Sept. 11 ruling, the SC upheld the decision of the Commission on Elections (Comelec) that found Penera guilty of violating the rule on premature campaigning under Section 80 of the Omnibus Election Code.

Voting 8-7, the SC said in its 34-page ruling penned by Associate Justice Minita Chico-Nazario that Penera should be disqualified because she conducted a motorcade around three barangays in Sta. Monica town a day before the campaign period officially began.

But Penera argued in her appeal that under Republic Act 9369 (Poll Automation Law), she could not be penalized for leading the motorcade because she had not yet filed her certificate of candidacy (COC) then and thus could not be disqualified.

She noted that seven SC justices, including Chief Justice Reynato Puno, who dissented in the decision, supported this argument.