Whether election candidates are allowed to participate in municipal events such as inaugurations, groundbreaking, and school activities

ors A BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www.dilg.gov.ph OILG OPINION NO. 182 5. ons OCT 06 2025 MALOU ANDRADA maloumandrada@gmail.com Dear Ms. Andrada: This refers to your email dated April 8, 2025, requesting this Department’s legal opinion on whether election candidates are allowed to participate in municipal events such as inaugurations, groundbreakings, and school activities. While the recent election has concluded, we address the matter for future reference by way of academic discussion. As a general rule, the Commission on Elections (COMELEC), being the constitutional body mandated to enforce election laws, has the sole authority to interpret and implement its rules and regulations. Thus, definitive guidance on candidate participation in public events properly falls within its jurisdiction. Nonetheless, by way of guidance, a person is considered a candidate under Section 791 of the Omnibus Election Code upon filing a Certificate of Candidacy (COC). From such filing, he or she becomes subject to applicable election laws and regulations. In the landmark case of Rosalinda A. Pefiera v. Commission on Elections and Edgar T. Andanar,? the Supreme Court declared that “a candidate is only liable for election offenses only upon the start of the election period.” Section 15 of Republic Act No. (RA) 8436, as amended by Section 13 of RA 9369, provides that “(a)ny person who files his certificate of candidacy within (the period for filing) shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy.” Upon filing of her certificate of candidacy, Pefiera was deemed a candidate only for purposes of printing of ballots. Other than that, the law did not consider Pefiera a candidate before the start of the campaign period. Such being the case, the political activities of Pefiera before the start of the campaign period (i.e., joining a motorcade) were within the realm of her freedom of expression. Thus, a candidate may attend municipal events such as, but not limited to: a) inauguration of a public market, b) groundbreaking of a proposed municipal hospital + “candidate” refers to any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties; 2 G.R. No. 181613, 25 November 2009. “Matino, Mahusay at Maaasahan” Trunkline No.: 8876-34-54