Penera v.

COMELEC
605 SCRA 574 | 25 Nov. 2009 | Carpio,J.,

e: Motion for Reconsideration

Duncan Vinluan

The Court reversed its previous ruling that held that Rosalinda Penera was
ature campaigning because at the time, Ms. Penera was not yet considered as
whose acts or omissions can subject her to disqualification.

Only after said person officially becomes a candidate, at the start of the
od, can his/her disqualification be sought for acts constituting premature

inda A. Penera was disqualified from running for the office of the Mayor in Sta.
ao del Norte for allegedly violating Section 80 of the Omnibus COMELEC code
campaigning)

ATIO:
N Rosalinda A. Penera can be disqualified from running for office even before
ampaign period -- NO.
a. PENERA NOT A CANDIDATE — Sec.79(a) defines a “candidate” as a
person seeking an elective public office and has filed a certificate of
candidacy. Furthermore, Sec. 15 RA 8436 as amended by Sec. 13 RA 9369
provides that one shall only be considered as a candidate at the start of the
campaign period. Furthermore, the immediately succeeding provisio states
that “unlawful acts or omissions applicable to a candidate shall take effect
only upon the start of the aforesaid campaign period.”

b. DECISION OF THE COURT FALSELY DEFINED “CANDIDATE” — The

decision held that one may be liable for premature campaigning after the
filing the certificate of candidacy but even before the start of the campaign
period. This was contrary to the clear intent and letter of the law.

c. CONGRESS ELEVATED THE LANOT V. COMELEC CASE TO A

STATUTE — The Court in Lanot held that a person who files a certificate of
candidacy is not a candidate until the start of the campaign period.
Congress then expressly wrote the Lanot doctrine into the second sentence,
third paragraph of the amended Sec. 15 of RA 8436.

EREFORE, we GRANT petitioner Rosalinda A. Penera’s MOtion for Reconsideration.

E the Decision of this Court in G.R. No. 181613 promulgated on 11 September 2009, as
utions dated 24 July 2007 and 30 January 2008 of the COMELEC Second Devision and
En Banc, respectively, in SPA No. 07-224. Rosalinda A. Penera shall continue as
Monica, Surigao del Norte.