Lanot v Comelec

Lanot v. COMELEC G.R. No. 164858, November 16, 2006 FACTS Petitioners filed a petition for disqualification under Sections 68 and 80 of the Omnibus Election

Code against Eusebio before the COMELEC stating that the latter engaged in an election campaign in various forms on various occasions outside of the designated campaign period such as !"# addressing a large group of people during a medical mission sponsored b$ the Pasig Cit$ government% !&# uttering defamator$ statements against Lanot% !'# causing the publication of a press release predicting his victor$% !(# installing billboards streamers posters and stic)ers printed *ith his surname across Pasig Cit$% and !+# distributing shoes to schoolchildren in Pasig public schools to induce their parents to vote for him, Eusebio *on the election and an$ other complaints *as dismissed b$ the COMELEC, !SS"E- .hether or not there is a pre/campaign offense committed b$ Eusebio, R"L!NG  here is no dispute that Eusebio1s acts of election campaigning or partisan political activities

*ere committed outside of the campaign period, he onl$ question is *hether Eusebio *ho filed his certificate of candidac$ on &2 3ecember &00' *as a 4candidate4 *hen he committed those acts before the start of the campaign period on &( March &00(, 5nder Section "" of 7 8('6 Eusebio became a 4candidate4 for purposes of Section 80 of the Omnibus Election Code onl$ on &' March &00( the last da$ for filing certificates of candidac$, 7ppl$ing 7ppl$ing the facts / as found b$ 3irector Ladra and affirmed b$ the COMELEC irst 3ivision / to Section "" of 7 8('6 Eusebio clearl$ did not violate Section 80 of the Omnibus Election Code *hich requires the e9istence of a 4candidate4 one *ho has filed his certificate of  candidac$ during during the commission of the questioned acts,