ROSALINDA A. PENERA v.

COMELEC
GR No. 181613, 2009-09-11

Facts:
Penera and private respondent Edgar T. Andanar were mayoralty candidates in Sta.
Monica. Andanar filed a Petition for Disqualification against Penera for unlawfully engaging in
election campaigning and partisan political activity prior to the commencement of the campaign
period. Andanar claimed that before the start of the authorized campaign period Penera and her
party mates went around the different barangays in Sta. Monica, announcing their candidacies
and requesting the people to vote for them on the day of the elections.
Penera admitted that a motorcade did take place, she explained that it was simply in
accordance with the usual practice in nearby cities and provinces, where the filing of certificates
of candidacy (COCs) was preceded by a motorcade. The COMELEC disqualified Penera from
continuing as a mayoralty candidate for engaging in premature campaigning.

Issues:
Whether or not Penera has engaged in an election campaign or partisan political activity
outside the campaign period.

Ruling:
We find no merit in the instant Petition. Under Section 80 of the Omnibus Election Code
“it shall be unlawful for any person, whether or not a voter or candidate, or for any party, or
association of persons, to engage in an election campaign or partisan political activity except
during the campaign period”.
If the commission of the prohibited act of premature campaigning is duly proven, the
consequence of the violation is clearly spelled out in Section 68 which reads: “Any candidate
who violated any of Sections 80 shall be disqualified from continuing as a candidate, or if he has
been elected, from holding the office.”
In the case at bar, it had been sufficiently established, not just by Andanar's evidence,
but also those of Penera herself, that Penera and her partymates, participated in a motorcade
which passed through the different barangays of Sta. Monica, waived their hands to the public,
and threw candies to the onlookers.
Additionally, the Joint Affidavit gave an even more straightforward account of the events,
thus: after actual registration with the COMELEC, the motorcade proceeded to three (3)
barangays out of the 11 barangays while supporters were throwing sweet candies to the crowd;
there was merriment and marching music.
For violating Section 80 of the Omnibus Election Code, proscribing election campaign or
partisan political activity outside the campaign period, Penera must be disqualified from holding
the office of Mayor of Sta. Monica.