Commission on Elections

Ateneo de Davao University

E. Jacinto St., Davao City

Office of the Legal Division RE: 2012 SAMAHAN Elections WHEREAS, the Commissioners of the Commission on Elections, headed by Mr. Jason Occidental, the COMELEC chairperson, received two complaints on February 08, regarding the Campaign Violation committed by Mr. Peter Jules Canete, a running Candidate for the 2013 SAMAHAN CENTRAL BOARD ELECTIONS, requesting the Commission to take courses of action and to give due sanctions in response to such complaints. WHEREAS, the COMELEC Commissioners, upon reaching prescribed quorum, convened and discussed the matter. WHEREAS, the Commissioners together with the complainants and the representatives of each political party, gathered last Saturday, February 9, around 12:05 pm at J205 , to discuss the matter regarding the complaints passed last February 8 by the two concerned students. WHEREAS, according to the complaints filed by Ms. Al Marie Palanas and Mr. Joseph Yzrael R. Agra , on the social media site Facebook, Mr. Canete, on Febraury 3 and 4, posted two pictures of him and Ms. Kathleen Penafort (who is running for SAMAHAN Treasurer) respectively. The captions on the two photos read: The PRESENT and the FUTURE SAMAHAN Treasurer! Katheleen Penafort is my SAMAHAN Treasurer! C.H.E.C.K. sa Effort si Kathleen Penafort! Vote the Best! Vote PIGLASAPAT! The picture is further captioned: Meet my partner this school year! #SAMAHAN #STC February 3, SUNDAY

Lead by Choice, Lead by Example

The SAMAHAN Treasurers! Vote Kathleen Penafort for SAMAHAN Treasurer! February 4, MONDAY

WHEREAS, according to the complaints, as an incumbent SAMAHAN Treasurer and the Candidate for BM Representative, Mr. Canete has filed a Leave of Absence from his role in the SAMAHAN Central Board. However, this position as the incumbent treasurer, albeit on leave, means that he is still obligated to follow the COMELEC Guidelines. Endorsing Ms. Penafort as the FUTURE Treasurer is similar akin to telling people that he, as the PRESENT Treasurer, supports Ms. Penafort as the only legitimate choice for SAMAHAN Treasurer. Moreover, Mr. Canete is clearly using his Influence as the incumbent SAMAHAN Treasurer in asking people to vote for the one he has deemed worthy to take his place when he captioned the photo as, The SAMAHAN Treasurers. WHEREAS, Section 21 Article 3 of the 2013 SAMAHAN CENTRAL BOARD ELECTION Guidelines states: SICO, CCO, GACP, AFYOP, and the Division Students Executive Committees are highly discouraged to express forms of partisan by supporting any candidate/s in any form. Moreover, the SAMAHAN, as a government expected to show neutrality, is strictly not allowed to endorse any candidate. Any incumbent SAMAHAN officer who wishes to violate this section is required to submit a Letter of Resignation to the Commission on Elections Office. WHEREFORE, is it prima facie that every running candidate should know the provision stated above. Thus, Mr. Canete is proven to have breached the provision by using his position to endorse Ms. Penafort.

WHEREFORE, Section 2 Article 7 of the 2013 SAMAHAN CENTRAL BOARD ELECTION Guidelines states: First violation by any candidate or political party is subject to a warning. A section on the Commission on Elections bulletin board will enlist all the candidates who have committed the first violation. The second violation on the same nature, if proven guilty, shall merit concrete sanction. Note that each violation is separate and distinct from the other.

Lead byonChoice, the matter as the FIRST violation of Mr. Canete WHEREFORE, the Commission Elections considered subject Lead by Example also DEMANDS the immediate removal of the to a WARNING. The Commission on Elections said captioned pictures that was posted on Facebook.
WHEREFORE, this decision of the Commission on Elections is final and irrevocable.

SO ORDERED.

Prepared by:

Catherine Joy K. Mata Chief, Legal Division

Esther Salvie Tupas Chief, Legal Division

Approved by:

Jason Occidental Chairperson, AdDU COMELEC