1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly [116] Id. at 503. [117] Rollo, p. 117. [118] Id. at 121. SEPARATE AND CONCURRING OPINION JARDELEZA, J.: I vote to grant the petition on the ground that Section 36.8[1] of Republic Act No. (RA) 9189,[2] as amended by RA 10590,[3] and Section 74(II)(8)[4] of Commission on Elections (Comelec) Resolution No. 10035[5] are impermissible content-based regulations. These provisions both provide that it shall be unlawful for any person to engage in partisan political activity abroad during the 30-day overseas voting period. Partisan political activity or election campaign is, in tum, defined under Section 79(b) of Batas Pambansa Bilang (BP) 881[6] as an act designed to promote the election or defeat of a particular candidate or candidates to a public office. These acts shall include: 1. 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; 2. Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate; 3. Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office; 4. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate; or 5. Directly or indirectly soliciting votes, pledges or support for or against a candidate. Section 79(b) provides, at the same time, when the foregoing acts shall not be considered as election campaign or partisan political activity and these are: [1.] x x x [I]f performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, aggroupment, or coalition of parties x x x[; and] [2.] Public expressions or opinions or discussions of probable issues in a forthcoming election or on attributes of or criticisms against probable https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65669 50/60