The Supreme Court dismantled all legal barriers against premature campaigning as it stood pat on its earlier decision to reinstate a mayor who was initially disqualified from the race for campaigning outside the actual campaign period.
 
Early reports reaching abs-cbnnews.com/Newsbreak said the SC struck down with finality a motion for consideration which sought the removal of Sta. Monica Mayor Rosalinda Penera from her post for holding a motorcade – considered a form of campaigning - a day before the start of the campaign period on March 30, 2007.
 
Her rival, Edgardo Andanar, who filed the motion, stressed that this violated Section 80 of the Omnibus Election Code which states that candidates can only campaign during the prescribed period.
 
The SC, however, reiterated that the enactment of RA 9369 or the poll automation law has automatically made the notion of premature campaigning obsolete.
 
In its challenged decision promulgated last November 25, 2009, the Court explained that Section 15 of Republic Act No. 8463, as amended by RA 9369, is very clear on its qualification that a candidate could only be held liable for an election offense committed during the campaign period.
 
Hence, acts committed before the said period are to be considered lawful.
 
The SC originally, though expelled Penera in its ruling on September 11 last year. 
 
In a close vote of 8-7, the SC applied the definition of candidate under Section 79 of the Ombinus Election Code as “any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties.”
 
This means that a person, upon his filing of certificate of candidacy is already considered a candidate and is already prohibited from embarking on activities akin to premature campaigning. 
 
The SC later reversed itself, however, and declared that Sec.15 of RA 8453, as amended by RA 9369 applies this time around. The provision states that any person who files his certificate of candidacy … shall be considered a candidate within the start of the campaign period … ”