Garcia, who prior to his appointment as Comelec chief was a veteran election lawyer, appears to be pushing the envelope with this policy shift, and even expressed readiness about taking the risk should anyone take the poll body to the Supreme Court.
The Comelec under Garcia’s leadership said that, after revisiting the Supreme Court decision, poll officials came to the conclusion that thedoctrine only applies to automated elections, and not manual ones like the upcoming village and youth polls.
“There is no distinction between a manual election and automated election,” then-poll commissioner Rowena Guanzon said at the time. “Congress wanted to insure that no person filing a certificate of candidacy under the early deadline required by the automated election system would be disqualified or penalized for any partisan political act done before the start of the campaign period,” the High Court ruling read.
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