Friday, January 15, 2010

SC upholds early campaign, and it’s final

Philippine Daily Inquirer
First Posted 05:31:00 01/15/2010

Filed Under: Elections, Judiciary (system of justice)

Original Story:

MANILA, Philippines—The Supreme Court has ruled once and for all that candidates are free to campaign even before the start of the official campaign period.

Court spokesperson Jose Midas Marquez said the high tribunal has denied with finality a motion that it reconsider its Nov. 25, 2009, ruling reinstating a mayor it had earlier ordered disqualified for campaigning ahead of the official campaign period.

The motion for reconsideration was filed by Edgardo Andanar, the loser in the 2007 mayoralty elections of Sta. Monica, Surigao del Norte, which was won by Rosalinda Penera.

In a decision last September, the high court ordered Penera removed from her post after it found her guilty of premature campaigning because she held a motorcade a day before the start of the official campaign period in violation of Section 80 of the Omnibus Election Code.

In a decision on Nov. 25, 2009, however, the Supreme Court reversed its September 2009 decision, saying that the Poll Automation Law
, or Republic Act 9369, had made the notion of premature campaigning obsolete.

The high court said that “there is no premature campaign to speak of since Section 80 of the Omnibus Election Code has effectively been repealed with the implementation of Section 15 of RA 9369.”

Andanar’s petition, seeking a reconsideration of the November 2009 decision, “was denied with finality there being no substantial argument since basic issues have been passed upon,” Marquez said. Dona Pazzibugan

Original Story:

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