1/4/2021
E-Library - Information At Your Fingertips: Printer Friendly
construction. Respondent proposes that the regulations must be harmonized with
Section 261(k) of BP 881, which reads:
Sec. 261. Prohibited Acts. - The following shall be guilty of an election
offense:
xxxx
(k) Unlawful electioneering. - It is unlawful to solicit votes or undertake any
propaganda on the day of registration before the board of election inspectors
and on the day of election, for or against any candidate or any political party
within the polling place and with a radius of thirty meters thereof.
Accordingly, respondent insists that the prohibition under Section 36.8 of RA 9189, as
amended by RA 10590, and Section 74(II)(8) of Comelec Resolution No. 10035 shall be
taken to mean that it is confined to the polling places and to a radius of 30 meters.
Respondent also proposes that We look into the intent of Congress to limit the
prohibition on campaigning abroad during the 30-day voting period to candidates.
Respondent cites the sponsorship speech of Senator Aquilino Pimentel III for Senate Bill
No. 3312, where he said that one of the changes agreed upon was to introduce a
proviso making it an election offense for candidates to campaign in the country they
are visiting within the 30-day voting period for overseas voting.[40]
Respondent's arguments are flawed.
Indeed, the touchstone of statutory interpretation is the probable intent of the
legislature. When interpreting a statute, We must ascertain legislative intent so as to
effectuate the purpose of a particular law. But the first step in determining that intent is
to scrutinize the actual words of the statute, giving them a plain and common-sense
meaning. When the words are clear and unambiguous, there is no need for statutory
construction or resort to other indicia of legislative intent, such as legislative history.
[41]
The language of Section 36.8 of RA 9189, as amended by RA 10590, and Section 74(II)
(8) of Comelec Resolution No. 10035 is clear and unambiguous. If Congress "truly
intended the interpretations suggested by respondent, it could have easily identified
the exact place where the prohibition applies and to whom the prohibition is addressed.
As the regulations plainly read, however, they prohibit any person (and not just the
candidates) from engaging in partisan political activities without any qualification as to
the location where these activities are conducted.
Courts must presume that a legislature says in a statute what it means and means in a
statute what it says there.[42] When the words of a statute are unambiguous, then
judicial inquiry is complete.[43] I cannot subscribe to the proposition of respondent that
the legislative history of RA 9189, as amended by RA 10590, points to a different
result. Judicial inquiry into the reach of Section 36.8 begins and ends with what Section
36.8 does say and with what it does not.[44]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65669
55/60
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents