1 how many votes of the comelec commissioners may be

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Unformatted text preview: ominated in a forthcoming political party convention shall not be construed as part of any election campaign or partisan political activity contemplated under the OEC. (Sec. 79, B.P. 881 Omnibus Election Code) Q: Discuss the period of campaign A: 1. Presidential and Vice presidential election – 90 days; 2. Election of members of the Congress and local election – 45 days; 3. Barangay Election – 15 days 4. Special election under Art. VIII, Sec. 5(2) of the Constitution – 45 days Note: The campaign periods shall not include the day before and the day of the election (Sec. 3 OEC) Q: What is the rule against premature campaigning? A: It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period. (Sec. 80, B.P. 881). The use of lawful election propaganda under the Fair Elections Act is subject to the supervision and regulation by the COMELEC in order to prevent premature campaigning and to equalize, as much as practicable, the situation of all candidates by preventing popular and rich candidates from gaining undue advantage in exposure and publicity on account of their resources and popularity. (Chavez v. COMELEC, G.R. No. 162777, August 31, 2004) Q. Petitioner Penera and respondent Andanar ran for mayor of Sta. Monica, Surigao Del Norte during the May 14, 2007 elections. Penera’s political party held a motorcade preceding the filing of her certificate of candidacy announcing her candidacy for mayor. Because of this, Andanar filed a petition to disqualify Penera for engaging in premature campaigning in violation of Sec.80 and 68 of the Omnibus Election Code. Does the act of campaigning for votes immediately preceding the filing of certificate of candidacy violate the prohibition against premature campaigning? A. The campaign period for local officials begin on 30 March 2007 and ends on 12 May 2007. Penera filed her certificate of candidacy on 29 March 2007. Penera was thus a candidate on 29 March 200...
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