ADMINISTRATIVE LAW | LANOT VS. COMELEC G.R. NO. 164858, NOVEMBER 16, 2006

LANOT VS. COMELEC

G.R. NO. 164858, NOVEMBER 16, 2006

 

TOPIC/DOCTRINE

The essential elements for violation of Section 80 of the Omnibus Election Code are: (1) a person engages in an election campaign or partisan political activity, (2) the act is designed to promote the election or defeat of a particular candidate or candidates, (3) the act is done outside the campaign period; Unless one has filed his certificate of candidacy, he is not a “candidate.”

 

FACTS

Lanot and Eusebio were candidates for the 2004 mayoral elections on Pasig City. Lanot et al filed a petition for disqualification against Eusebio. Petiotioners alleged that Eusebio engaged in an election campaign in various forms on various occasions outside the designated campaign period, violation of Sec 80 of the Omnibus Election Code. COMELEC order the disqualification of Eusebio but such disqualification was lifted upon approval his motion for reconsideration. The 2004 election was conducted; Eusebio received the highest number of votes and was proclaimed Mayor. Lanot filed a motion to annul Eusebio’s proclamation and to order his proclamation instead since he obtained the second highest number of votes. COMELEC refer the case to the Law department for investigation to determine the acts complained of were in fact committed by respondent Eusebio.

 

ISSUE

Whether Eusebio should be disqualified for engaging election campaign outside the designated campaign period.

 

RULING

No.

The court ruled that The essential elements for violation of Section 80 of the Omnibus Election Code are: (1) a person engages in an election campaign or partisan political activity, (2) the act is designed to promote the election or defeat of a particular candidate or candidates, (3) the act is done outside the campaign period; Unless one has filed his certificate of candidacy, he is not a “candidate.”

Here, the court ruled that acts committed by Eusebio prior to his being a “candidate” on 23 March 2004, even if constituting election campaigning or partisan political activities, are not punishable under Section 80 of the Omnibus Election Code. Such acts are protected as part of freedom of expression of a citizen before he becomes a candidate for elective public office. Acts committed by Eusebio on or after 24 March 2004, or during the campaign period, are not covered by Section 80 which punishes only acts outside the campaign period.







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