MANILA - Supreme Court spokesman Midas Marquez has allayed fears that a high court ruling on a case of premature campaigning could lead to chaos and confusion next year.

On Tuesday, the tribunal upheld the ouster of Santa Monica, Surigao del Norte Mayor Rosalinda Penera, after she was found guilty of premature campaigning through a motorcade she held a day before the official campaign period for 2007.

Election lawyers said candidates could cite the Penera case to have their opponents disqualified, or restrict how the media reports on candidates themselves.

But Marquez explained no candidate yet can be charged with electioneering, since the filing of certificates of candidacy (COC) has yet to begin.

Marquez added the lawyers' warning is due to the gap between the filing of COCs, scheduled in November 20 to 30, and the actual campaign period, which will begin in February 9 next year for national candidates and March 20 for local candidtes.

He said a candidate should have filed his certificate of candidacy already before he could be accused or charged of premature campaigning.

What happened in the case of Mayor Penera was she already filed her certificate of candidacy, and yet she continued with her motorcade, which was a day before the start of the campaign period, Marquez said.

Without that filing of the COC, then that case cannot be used as basis, he added.

No premature campaigning yet

Meanwhile, the Commission on Elections (Comelec) reiterated no one is liable for premature campaigning this early, according to Atty. Ferdinand Rafanan, director of the Comelec law department.

"In my own opinion, nobody can be liable for the election offense of premature campaigning now. Because as in the old law and in the new law, premature campaigning is still anchored on the fact that a person has already filed a certificate of candidacy," Rafanan said.

Dean Froilan Bacungan of the University of the Philippines College of Law agreed. He said a person who simply talks about his vision for the Philippines "not campaigning at all."

Rafanan said that from the time a candidate files his COC until the start of the campaign period, his or her activities will be limited.

"Pero dahil may eleksyon at nakapag-file na tayo ng certificate of candidacy, tapos ginagawa natin yan [campaigning], we hop from place-to-place, nagdi-distribute tayo ng kung anu-ano, lalung-lalo na beyond our means naman yun, campaign funds naman na talaga yun, eh campaigning yun," Rafanan said.

But how will the Comelec prove it?

"Eto, nandyan na naman yung question of proof no. Halimbawa, gumastos ka na ng P100 million. Do you ordinarily spend P100 mllion for gifts for Christmas? Eh kung hindi, ano itatawag mo dun? Sa tingin ko, campaigning yun," Rafanan said.

In the gap between the filing of COCs and the actual campaign period, candidates are also prohibited from identifying themselves as benefactors or donors, for example, in calamity-hit areas.

"Ang sabi ng Omnibus Election Code, huwag yung mga kandidato, kahit mayor, presidente o governor o councilor ang magbigay nyan. Ibibigay ang pondo doon sa [Philippine] National Red Cross at iba pang NGOs which are non-partisan, sila mag-distribute nyan," he said.

Rafanan admitted they will have to remind the candidates of these restrictions. He said his briefing for candidates will be held after they've file their COCs. -- report from Rod Macenas, ABS-CBN News; ANC