MANILA - Forget about leveling the political playing field. The official campaign season can start anytime.

The Supreme Court (SC), voting 9-5, has essentially voided Section 80 of the Omnibus Election Code on premature campaigning as it ruled that it cannot be applied for the May 2010 automated elections, sources told abs-cbNEWS.com/Newsbreak.  

The vote was a reversal of its earlier ruling, 8-7, which stated that Sec. 80 of the Code is still applicable under Republic Act 8436 as amended by RA 9369 or the Poll Automation Law.

Sec. 80 states that “it shall be unlawful for any person, whether or not a voter or candidate…to engage in an election campaign or partisan political activity, except during the campaign period.”

The Court’s ruling removes the proverbial monkey from the backs candidates in connection with political campaigning as they file their certificates of candidacy (CoC). 

The Commission on Election (Comelec) has set an earlier deadline for the filing of the CoC, from November 20 to December 1, to allow it ample time for the printing of the ballots.

On the other hand, the official campaign period for national posts--president, vice-president, senators, party-list--starts on February 9.
 
8 justices support Carpio opinion

In a ruling penned by Justice Antonio Carpio, 8 other justices concurred that the earlier Penera vs. Comelec case should be reversed, in effect scrapping the rule on premature campaigning.

The Penera vs. Comelec involved the disqualification case against Sta. Monica, Surigao del Norte Mayor Rosalinda Penera by losing rival, Edgar Andanar, during the 2007 mid-term race. Andanar alleged that Penera violated Sec 80 of the Election Code when she held a motorcade in filing her candidacy on March 29. The official campaign period for the local candidates, however, only began the following day.

The majority then ruled that Penera be stripped of the mayoralty post after the local official was found to have engaged in premature campaigning.

The decision, laid down last September, raised concerns about a possible deluge of disqualifications against national candidates, specifically those with infomercials and advertisements ahead of the official campaign season.

Election lawyers had said the SC decision penalizes candidates for merely complying with the Comelec deadline in the early filing of CoC.

In his earlier dissenting opinion, which is now the new majority decision, Carpio said the rule on premature campaigning was hinged on the requisite that there should be an official candidate first.

But the automation law states that “any person who files his certificate of candidacy within [the filing] period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy.”

Uphold intent of Congress

With this express provision, premature campaigning is now impossible to commit, since aspirants only become official candidates at the start of the campaign period, Carpio said.

It might be a “flaw” in the law, Carpio said, but the intent of the lawmakers should be upheld.

The new ruling allows for unlimited bombast of infomercials and campaign ads two months before the official campaign season.

Aspirants to national positions have intentionally scheduled their filing of CoCs on the last few days of the period for filing of CoCs to allow them to continue with their radio and TV ads.

Political observers earlier said that the interim period, from December to January, would level the playing field with the absence of radio and TV campaign ads.