Unlike in the May 2022 polls, for the Barangay and Sangguniang Kabataan Election (BSKE), the Commission on Elections (Comelec) decided that a person who will file a Certificate of Candidacy (COC) will immediately be considered a candidate.

This is despite the presence of the 2009 Supreme Court (SC) landmark decision on the Peñera vs COMELEC case, or the Peñera Doctrine which voids the prohibition on premature campaigning.

In a text message to reporters on Friday, Feb. 10, Comelec Chairman George Erwin Garcia said that because from the time of the filing of the COCs up to the day before the campaign period, candidates were "boldly committing" premature campaigning not afraid of any consequences in view of the Peñera doctrine.

"This is very much true especially during the barangay and SK elections," he added.

This instance was observed during the months leading up to the May 2022 National and Local Elections where posters, tarpaulins, billboards, and even food products with faces of aspirants have already spread and posted online. However, election rules still don’t apply to would-be candidates, and an "aspirant" only becomes a candidate during the campaign period. But this will not be followed for the upcoming BSKE.

In a separate statement, Garcia explained that the Peñera case was in interpreting the provision of Section 15 of RA 9369 or the automation law. He said that they required early filing of COCs for the printing of names in the ballots.

"Upon the meticulous study of the Peñera vs COMELEC decision, the poll body officials arrived at the conclusion that the SC ruling may well be applicable for the conduct of automated elections alone," Garcia said in a statement.

"This, therefore, excludes the upcoming BSKE in October of this year, which will be implemented via manual voting process," he added.

As for the BSKE, candidates are only allowed to campaign for a duration of 10 days, as stated in the law. Any electioneering activity prior to the permitted timetable is considered premature campaigning. Election materials displayed ahead of the campaign period will be removed and cases are to be filed against those who would be caught committing the said election offense.

According to Garcia, the poll body is ready to take the risk and is inclined to participate in a legal battle would anyone file a petition before the SC to question its decision.

"We cannot be inutile and powerless when our duty is to enforce and administer election laws," Garcia said.

"We can always interpret the laws in a manner that protects the right of suffrage, the interest of the voters and the Filipinos in general unless we are restrained or reversed by the Highest Court. Let anyone challenge the legality of our action," he added.