PEÑERA DOCTRINE IN 2025 POLLS: Comelec warns against premature campaigning

By Jason B. Neola

ATTY. Maico Julia, the election officer at the Commission on Elections in Naga City, has issued a stern warning to candidates and voters regarding the enforcement of the Peñera Doctrine in the upcoming 2025 midterm elections.

The doctrine, which addresses premature campaigning, was notably enforced during the recent Barangay and Sangguniang Kabataan Elections (BSKE) and will be applicable in the automated 2025 polls.

Julia said the Peñera Doctrine originates from the landmark Supreme Court ruling in the Peñera v. Comelec case. In 2010, the court overturned the disqualification of Rosalinda Peñera, who was elected mayor of Sta. Monica, Surigao del Norte, in 2007.

Peñera had initially been disqualified by the Comelec for violating Section 80 of the Omnibus Election Code, which prohibits election campaigning or partisan political activity outside of the designated campaign period.

Section 80 clearly states that engaging in campaign activities is unlawful except during the official campaign period.

However, according to Comelec Chairman George Erwin Garcia, the Peñera Doctrine renders the commission unable to address premature campaigning between the filing of the certificate of candidacy (CoC) in October and the beginning of the official campaign season in 2025.

Garcia explained that the Comelec’s power is limited to the start of the election period, 120 days before the scheduled polls. During this interim period, those who have filed their CoCs are not yet considered official candidates, leaving the Comelec unable to enforce campaign regulations or remove illegal materials.

The Comelec en banc had previously determined that the Supreme Court’s ruling was not applicable to the manually conducted BSKE. However, as the 2025 elections will be automated, the commission must adhere to the court’s decision.

Julia said that under the Peñera Doctrine, an individual only becomes an official candidate at the onset of the campaign period, which is 90 days for national candidates and 45 days for local candidates. This framework poses significant challenges for the Comelec in controlling premature campaign activities before this period.

As the 2025 midterm elections approach, Atty. Julia emphasized the importance of adhering to election laws to maintain the integrity and fairness of the electoral process. Both candidates and voters are urged to respect the rules and avoid any activities that could be construed as premature campaigning.