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COMELEC
605 SCRA 574 | 25 Nov. 2009 | Carpio,J.,
SUMMARY: The Court reversed its previous ruling that held that Rosalinda Penera was
guilty of premature campaigning because at the time, Ms. Penera was not yet considered as
a “candidate” whose acts or omissions can subject her to disqualification.
DOCTRINE: 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.
FACTS: Rosalinda A. Penera was disqualified from running for the office of the Mayor in Sta.
Monica, Surigao del Norte for allegedly violating Section 80 of the Omnibus COMELEC code
(on premature campaigning)