Case Digest (G.R. No. 137534)
Facts:
In Rosalinda A. Penera v. Commission on Elections and Edgar T. Andanar (G.R. No. 181613, November 25, 2009), petitioner Rosalinda Penera, then aspirant for Mayor of Sta. Monica, Surigao del Norte, participated in a motorcade on March 29, 2007—one day before the official campaign period—immediately before filing her Certificate of Candidacy (COC) for the May 2007 elections. The motorcade involved decorated vehicles, music, and distribution of candies, and openly promoted her candidacy. Respondent Edgar T. Andanar filed a petition with the COMELEC Second Division (SPA No. 07-224) on April 2, 2007, seeking Penera’s disqualification for premature campaigning under Section 80 of the Omnibus Election Code. The Second Division, and later the COMELEC En Banc, ruled against Penera and disqualified her from running as Mayor. On September 11, 2009, the Supreme Court dismissed Penera’s petition and upheld the COMELEC resolutions. Penera moved for reconsideration before this Court, arguing tCase Digest (G.R. No. 137534)
Facts:
- Background of the Case
- Rosalinda A. Penera filed her Certificate of Candidacy (COC) for Mayor of Sta. Monica, Surigao del Norte on 29 March 2007.
- On the same day, Penera and her supporters conducted a motorcade featuring balloons, music, and public announcements preceding the official campaign period.
- Proceedings Below
- Edgar T. Andanar filed a petition for disqualification on 2 April 2007 before the COMELEC Regional Office, alleging premature campaigning in violation of Section 80 of the Omnibus Election Code.
- The COMELEC Second Division issued a resolution dated 24 July 2007 disqualifying Penera; the COMELEC En Banc denied her motion for reconsideration on 30 January 2008.
- The Supreme Court, in a Decision dated 11 September 2009, affirmed the COMELEC resolutions, disqualifying Penera and declaring her Vice-Mayor successor as mayor.
- Penera filed a Motion for Reconsideration before the Supreme Court; on 25 November 2009, the Court, by a new majority led by Justice Carpio, granted the motion, set aside its earlier Decision and the COMELEC orders, and reinstated Penera as mayor.
Issues:
- Candidate Status and Scope of Section 80
- Was Penera already a “candidate” for purposes of Section 80 of the Omnibus Election Code at the time of the March 29 motorcade?
- Does Section 80’s prohibition on election campaign activities apply only to candidates or to “any person” engaging in such activities before the campaign period?
- Interpretation of RA 8436, § 15 (as amended by RA 9369)
- Does the amendment mean that a person who files a COC is considered a candidate only at the start of the campaign period?
- How does this amendment affect the application of Section 80 and the binding precedent in Lanot v. COMELEC?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)