before anything else please allow me to quote and post pertinent supreme court opinion relevant to election offenses

as stipulated under the omnibus election code here in this social networking site for the info and guidance especially by those who uses FB as a tool, venue to showcase their malicious accusation/s and fallacious comments against the person, good deeds, integrity and performance of the honorable governor and chief executive of the provincial government. Quoted jereunder is pertinent portion of the supreme court resolution dated November 25, of 2009 viz: RESOLUTION PROMULGATED LAST 25 NOVEMBER 2009 , THE SUPREME COURT GRANTED ROSALINDA A PENERAS MOTION FOR RECONSIDERATION AND REVERSED ITS 11 SEPTEMBER 2009 DECISION DISQUALIFYING PENERA AS MAYOR OF STA MONICA IN SURIGAO DEL NORTE. IN FINDING FOR PENERA THE SUPREME COURT RULED THAT ELECTION OFFENSES CAN BE COMMITED BY A CANDIDATE ONLY UPON THE START OF THE CAMPAIGN PERIOD. THIS CLEARLY MEANS THAT BEFORE THE START OF THE CAMPAIGN PERIOD SUCH AS ELECTION OFFENSES CANNOT BE SO COMMITTED. THUS: IIn laymans language, this means that a candidate is liable for an election offense only for acts done during the campaign period, not before. The law is clear as daylight any election offense that may be committed by a candidate under any election law cannot be committed before the start of the campaign period. In ruling that Penera is liable for premature campaigning for partisan political acts before the start of the campaigning, the assailed Decision ignores the clear and express provision of the law. Congress has laid down the law a candidate is liable for election offenses only upon the start of the campaign period. This Court has no power to ignore the clear and express mandate of the law that any person who files his certificate of candidacy within [the filing] period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy. Neither can this Court turn a blind eye to the express and clear language of the law that any unlawful act or omission applicable to a candidate shall take effect only upon the start of the campaign period. UNQUOTE. Tanong ko lng? This incident happen BEFORE THE filing of COC right? Klaro no?that the hon. Gov at the time of the activity is distributing rice, medicines etc.

is a public official who was religiously performing her sworn moral and mandated obligation to serve her constituency any time, any day, any place even without calamity and personal reason but a demand of marginalized family affected by the heat of the summer. So the distribution of rice and medicine or whatever it was, is in response to the thousand of families not only in kidapawan who could hardly eat 3 square meals a day and medicine because families in the rural area maybe affected by atleast six sickness as warned by the DOH with THE onset of tag init. Mitigating therefore the suffering of our marginalized families should be made by public officials at all times when need demands. Indi kay hulaton pa naton na may kalamidad like floods, fire, etc. para maghatag ta tabangs sa mga nagakinahanglan. Ther gov. is just true to her constituency when she promised the voters that her governance will be guided by her platform SERBISYONG TOTOO Well personally I believe that those who initiated shame campaign, expose malicious accusations and fallacious comments against the gov. using FB as a tool and venue knew the law ( mga abogada o abogado man kaha kamo) that their accusation is nothing but a fallacy, tomo tomo lng because I dont believe that they do now know that a person can obly be considered a candidate even she had file her certificate of candidacy before the start of the campaign period. She is not yet a candidate and liable of any election offenses as stipulated under the omnibus election code. Therefore she will only be liable any election offenses upon the start of the campaign where she is already CONSIDERED a candidate. So you see I believe that the prime purpose of those who initiated a SHAME CAMPAIGN against the gov. fast malicious accusations and fallacious comments on FB showcasing her as a bad leader is mainly to fuel supporters from the others not to vote for the governor. Come election in may 13 because she is bad. Pero nagkamali kamo because voters in north cotabato are already intelligent . my friends in kidapwan are suspecting that I supported the governor because of monetary consideration and as one of her campaign coordinators. Amo ni mahambal ko inyo. KADLAW LNG KO.RELAX LNG KAMO AH. Nagkamali kamo because I am not campaigning nor a campaign coordinator. And if such nakita ba ninyo ako nga nangampanya.

However I must confess I am supporting and will vote for the gov Mendoza because of the ff reasons to wit: 1. She may not be the best (PUROTIKAL) politician but she is the best political leader of our time because she is the only one I believe who can foster unity and prosperity over people because of her leadership qualities. Such as she is as meak as a lamb for those who adhere to the rule of the law. Seek unity peace and prosperity but she is also as fierce as a tiger for those who break the law. 2. I have a very unforgettable utang na loob and memorable personal experience to the generosity and kindness of the gov. this happened sometime last October 2012 when an emergency happenend to my lola living in manongol since she is suffering from diabetes the hospital in barracks advised an immediate amputation of one of her leg. And the money that my family had at that time is barely enough. Since my dad and mom was at Canada at that time. So the family decided to take her to SPMCto lower the expenses.my dad advised me to seek help from the gov. he knew her to be kind hearted to those who really seek help, I arrived at the office of the gov. and explained the situation.without any fuss she just gave me a cash out from her personal funds. After a successful operation, when one of the family members was about to buy medicine at the pharmacy we were advised that a sum of 5thou. Could be used, the fund came from the cong. Mendoza of TUCP. With all those kind and financial assistance that my family get from the hon. Gov. di ko malilimutan and I wish to extend my hearfelt thanks to the gov and cong. Mendiza thru this social networking site. My only wish to all the politicians now: 1. Wag nating gamitin ang facebook or any social networking site as your venue to foster hatred and division among our people but we will use fb as a venue for love and unity amoung our people. 2. To our candidates please lay down your cards and reasons kng bakit kayo pipiliin naming mamuno sa ating lalawigan since we already knew all your track record as a leader of our provincewithout destroying each others credibility and integrity 3. To the voters sana mamili tayo ng isang leader na karapat dapat na mamuno sa ating lalawigan juwag tayong padadala sa mga black propaganda at para piliin sila. Select a leader who has integrity god fearing and can foster unity for all cotabatenous.

I am SO GLAD that you cited the Penera vs COMELEC case. I was asking for a debate from Wish Ko because she's the lawyer, Im not and i was hoping that my arguments would be rebutted with jurisprudence or a special law by someone who has bragged about passing the bar. Instead, i got sarcastic comments. I honestly wanted to know where my arguments fell short. Instead I was ignored. So thank you for responding intelligently to the issue at bar. Really, thanks. When I was about to file this case in the comelec, after writing this blog, I did realize that the incident was two days before the start of the campaign, hence this will not fly in the COMELEC because in reality the premature campaigning rule has no teeth. Bummer. So yes, TECHNICALLY, she is free from liability since the vote-buying happened before election laws could take jurisdiction over the case (hooraaay to your camp!!). Pretty wise move on the governor's end is it? Vote-buying right before the actual campaign period so she wouldnt be held liable. Smart! But wait, there's more. There actually has been countless of reports on rice distribution in areas like Magpet, Mlang, and Makilala. We are gathering evidence as of now and taking more photogenic shots of the governor's staff giving away rice to induce votes. This is outside of her other election violations like over-sized posters, intimidation, violation of gun ban, the use of government vehicles for her campaign, etc. All this will be forwarded to the comelec syempre. This morning it was reported that 45 sacks of rice were held up by the NPA in magpet. The trucks of course was on its way to distribute rice to the people in Magpet. So yes, another batch of rice for "outreach" was found out. You see, I don't buy your justification of the photos i posted. Outreach? Feeding the poor and needy? PLEASE... First, when these photos were taken, the staff grew very angry and tried to conceal the matter. IF IN FACT, this was an official activity, then such hostile reaction would have not been the response. Why hide? Why be afraid when allegedly youre doing a noble thing? Second, "no personal reason"? Then why on earth is her name and picture plastered all over the "goods"? If this was out of her duty then WHY oh WHY do the postcards have to be placed inside? Third, why in such an

inappropriate place? At the sidewalk? To random passers-by? Your justification does not fly because it offends COMMON SENSE. But yes, this discourse is moot and academic since even if your governor is obviously guilty of inducing votes through rice distribution, COMELEC has its hands tied on this. Boo. But heres the catch: these photos, even if they cannot be used as evidence anymore is a TRUE illustration of what is exactly happening in the elections AS TO DATE. Dont worry, so many more photos are being taken, and voluminous evidence are collected. Massive voter education is being done to prevent a repeat of what happened in the 2010 elections. And I STILL BELIEVE that Lala Talino Mendoza must be held liable for all the offenses she is doing now. To an average reasonable person, these photos are a clear manifestation of vote-buying and even if COMELEC cannot penalize her, I am hoping that the intelligent electorates will through their decision on the May 2013 elections. I never accused you of being financially motivated. In fact, I dont know who you are. Why are you so defensive? Oh well. I dont blame you. The governor has a sentimental place in your life. Sometimes, emotions are so powerful. It can blind reasoning and honest judgment. I get it. But sadly, your case is an exemption to the rule. The protocol in Capitol is, when someone needs help, she does not get any attention from the governor. You on the other hand are very privileged. So i understand why you're so loyal. I understand... At the end of the day, this blog was posted NOT as black propaganda but as a WAKE UP CALL. North Cotabato is crippled by fear. Mouths are shut, because of guns and because of the unbelievable amount of money being given out. But this mouth of mine will not be shut. Its because Im a firm believer of JUSTICE and I will not back down until there are dictators in the province who are wielding power over the powerless and oppressing the poor. Sometimes, the letter of the law becomes an escape and technicalities can justify even the most heinous crimes. But the SPIRIT OF THE LAW says, vote-buying is wrong and we all know my friend that your governor is guilty of that in this photo and in the many photos being taken today. Thanks again.