in effect despite the implementation of Republic Act 9369 or the Poll Automation Law.

In a 34-page decision penned by Associate Justice Minita Chico-Nazario, the Court en banc upheld the ruling of the Commission on Elections (Comelec) finding Penera, who was disqualified from holding office as mayor of Santa Monica, Surigao del Norte, for violating the Omnibus Election Code on Jan. 30 last year.

SC spokesman and Assistant Court Administrator Jose Midas Marquez said the SC ruling did not mention infomercials but added that definitely it is a warning to all candidates for elective offices to be aware of provisions of pertinent laws to be able to follow them to the letter.

He said it will be up to the Comelec to determine whether it will pursue charges of premature campaigning against candidates including those who plan to run for president.

"I would not want to speculate. In general any complaints on violations is to be filed before the Commission on Elections (Comelec) which is the agency that would hear complaints regarding these," Marquez said.

The Comelec, however, said the ruling provided it with the teeth to prosecute politicians conducting partisan political activities outside the designated campaign period.

"Politicians would have to think twice now in engaging into early campaigning," according to Comelec law department director Ferdinand Rafanan.

He said the SC decision upheld the effectivity of Section 80 of the Omnibus Election Code.

"We learned from this decision of SC that Section 80 of the Omnibus Election Code is still in effect. There’s still the crime of premature campaigning," he added.

Comelec chairman Jose Melo had said the Comelec could not act and penalize politicians engaging in early campaigning due to the absence of the law. Melo also stressed that they could only consider a candidate engaging in premature campaigning once they filed their certificate of candidacy.

In its decision, the high court found Penera campaigning too early when she held a motorcade immediately after filing her certificate of candidacy in 2007.

Rafanan said the SC ruling has helped them settle an election law provision that previously confused even them.

Section 80 of the Omnibus Election Code (OEC) states that election campaign or partisan political activity outside the campaign period shall be unlawful for any person, whether or not a voter or candidate, except during the campaign period.

While Section 13 of the Election Automation Law, stated that any person, who files his certificate of candidacy within the period set shall only be considered as a candidate at the start of the campaign period.

"Because of those conflicting provisions, we deemed premature campaigning based on when he filed his candidacy but the SC decision said the interpretation of the law should not be that way because RA 9369 or the poll automation law did not repeal expressedly or impliedly Section 80 of the OEC," Rafanan said.

At the same time, Rafanan said that engaging in premature campaigning after filing the certificate of candidacy outside of the campaign period could still be used against candidates once the campaign period starts, which will be on February 10, 2010.

The filing of the CoC will start on November 20 and will end on the 30th.

The SC ruling added making speeches or holding interviews for or against the election of any candidate for public office, the holding of political caucuses, publishing or distributing campaign literature and directly or indirectly soliciting votes fall under regulated partisan political activity.

Without specifically mentioning infomercials the SC ruling cites that under Section 79, the election law classifies as partisan political activity the following acts: forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate, holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies, for the purpose of soliciting votes.

The ban also covers undertaking any campaign or propaganda for or against a candidate,making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office, publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate and directly or indirectly soliciting votes, pledges or support for or against a candidate.

Malacañang said it will abide by the recent SC ruling. "We will not question the wisdom of the Court in this ruling. We have to assume that it will have the desired beneficial effect on the way we conduct our campaign this year," presidential spokesman for Economic Affairs Gary Olivar said.

The Court decision stated that based on the evidence, Penera violated Section 80 of the Omnibus Election Code when she engaged in premature campaigning by holding a motorcade after registering her candidacy with the Comelec.

The majority opinion also dismissed the claim of the dissenting opinion that Section 15 of RA 9369 provides a new definition of the term "candidate," rendering Section 80 of the Omnibus Election Code unimplementable.