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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Under Article IX, Section 9 of the 1987 Constitution, that as a general rule, the election period shall commence ninety (90) days before the day of election and shall end thirty days thereafter.
The Supreme Court clarified the correct interpretation of the said Constitutional provision in the case of Gov. Exequiel B. Javier vs. Commission on Elections, Cornelio P. Aldon, and Raymundo T. Roquero, January 12, 2016 G.R. No. 215847, the Supreme Court En Banc ruled that the petitioner contends that the election period for the reckoning of administrative and criminal liabilities under election laws should always be the same-90 days before and 30 days after an election-fixed in Article IX-C, Section 9 of the Constitution and Section 8 of Republic Act No. 7056.
However, the Supreme Court rejected the petitioner’s contention and clearly stated that the COMELEC is expressly authorized to fix a different date of the election period, pursuant to the following laws:
Article IX-C, Section 9:
Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter.
Election Code, Sec. 3:
Sec. 3 Election and campaign periods. – Unless otherwise fixed in special cases by the Commission on Elections, which hereinafter shall be referred to as the Commission, the election period shall commence ninety days before the day of the election and shall end thirty days thereafter.
Evidently, the 120-day period is merely the default election period. The Commission is not precluded from fixing the length and the starting date of the election period to ensure free, orderly, honest, peaceful, and credible elections. This is not merely a statutory but a constitutionally granted power of the Commission.
Contrary to the petitioner’s contention, the Commission’s act of fixing the election period does not amount to an encroachment on legislative prerogative. The Commission did not prescribe or define the elements of election offenses. Congress already defined them through the Omnibus Election Code, the Fair Elections Act, and other pertinent election laws.
As defined by Congress, some election offenses and prohibited acts can only be committed during the election period. An element of these offenses (i.e., that it be committed during the election period) is variable, as election periods are not affixed to a specific and permanent date. Nevertheless, the definition of the offense is already complete. By fixing the date of the election period, the Commission did not change what the offense is or how it is committed. There is thus no intrusion into the legislative sphere.
There is also no merit in the petitioner’s argument that the extended election period only applies to pre-election activities other than the determination of administrative or criminal liability for violating election laws. Neither the law nor the Constitution authorizes the use of two distinct election periods for the same election. The law does not distinguish between election offenses and other pre-election activities in terms of the applicable election period. Where the law does not distinguish, neither should this Court.
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