primer on the disqualification of electoral candidates

8/16/2019 Primer on the Disqualification of Electoral Candidates

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This Primer on the Disqualication of Electoral Candidates was published byLibertas with the support of IFES and USAID to aid in providing information on

how unqualied candidates, or those who commit certain prohibited acts, can be

be “disqualied” from running and from being voted upon in the May 2010 National

and Local Elections. Its contents may be used with proper attribution without prior

consent from Libertas.


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One of the cornerstones of a democracy is the right to elect our

leaders. It is a right we can exercise as early as 15, when Filipinocitizens acquire the right to vote for officers of the SangguniangKabataan in each barangay . By the age of 18, we become full participantsin the electoral process when we become eligible to vote for all our electedofficials––from members of the municipal council all the way up to thePresident of the Republic.

Tere are very few requirements one must meet to vote: one must beat least 18 years old, a Filipino, and a resident of the country for at least a

year. Anyone who meets these requirements can register to vote; there areno minimum educational requirements––one need not even have the abilityto read or write. Even citizens incarcerated in our prisons cannot be deniedtheir right to vote, so long as those prisoners have cases that are still on trial,have cases with convictions that are not yet final or are still on appeal, or havebeen sentenced to serve not more than a year in prison.

Te same does not hold true for those aspiring for public office. Te age

requirements for candidates, for example, differ from voters. A candidate forpresident must be at least 40 years old; a senatorial aspirant, at least 35 yearsold; someone vying for a seat in Congress, at least 25 years old.

Tere is also a host of other requirements for those who seek electiveoffice, depending on the position being sought. Candidates for positions atthe local level, for example, have to satisfy residency requirements. Tis is toensure that they live in the area where they will be running so that they willbe able to understand the issues and concerns facing those whose votes they

will be courting.

When an aspiring candidate fails to meets these different requirements,he or she can be prevented from continuing as a candidate by the Commissionon Elections.

Te purpose of this primer is to provide the public with information onthe bases for the disqualification of potential candidates running for office.Libertas believes that our participation in the elections need not be limited to

just voting for the candidates we believe in––it should also extend to activelycampaigning for these candidates, as well as taking steps necessary to ensurethat those not qualified to run for––and hold––public office are barred fromrunning in the first place.

The Right to Vote and Be VotedIntroduction

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Table of Contents

Introduction

Table of Contents

The Certicate of Candidacy

Petition to Deny Due Course and to CancelCerticate of Candidacy

Petitions to “Disqualify” Candidates Basedon Other Grounds

Petition to Declare a Candidate a NuisanceCandidate

Disqualication Under Section 68 of the

Omnibus Election Code

The Substitute Candidate

A Step-by-Step Guide to Filing Petitions

Annexes

COMELEC Resolution No. 8678Guidelines on the Filing of Certicatesof Candidacy and Nomination of OfcialCandidates of Registered PoliticalParties in Connection with the May 10,2010 National and Local Elections

COMELEC Resolution No. 8696Rules on Disqualication Cases Filed inConnection with the May 10 AutomatedNational and Local Elections

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A Primer on the Disqualification of Electoral Candidates 1

When is the period for the ling of certicates of candidacy?

Usually, the period for the filing certificate of candidacy begins at the

start of the election period and ends on the day before the start of the

campaign period (Section 7, RA 7166 ). In an automated election however,

the COMELEC may fix some other date for the filing of said certificated

(Section 11, RA 8436, as amended by Section 13 of the RA 9369 ). For the

May 2010 automated elections, the filing of the certificates of candidacy was

scheduled from November 20 to December 1, 2009, notwithstanding that

the campaign period starts ninety (90) days before election for candidates forPresident, Vice President, Senator, and party-list elections, and forty-five (45)

days for other candidates.

How many copies of the COC must be led?

Persons running for the positions of President, Vice-President, Senator

or Members of the House of Representatives, or any other elective provincial,

city or municipal post shall file his/her certificate of candidacy in five (5)

copies, in the proper office.

Where does a candidate le his COC?

Tis depends on the position being sought. Tose running for president

and vice-president should file their COCs at the Law Department of the

COMELEC (COMELEC Resolution 8678, 6 October 2009 ). Tose seeking

other positions can file their COCs at the following COMELEC offices:

NCR Regional Election Director: Members of the House of Representatives

for legislative districts in the National Capital Region (NCR)

Provincial Election Supervisor concerned: (1) Members of the House

of Representatives of legislative districts in provinces, (2) Provincial

officials

City Election Officer concerned designated for the purpose by the

Regional Election Director: (1) Members of the House of Representativesfor legislative districts in cities outside the NCR, which comprise one or

more legislative districts, (2) City Officials of cities with more than one

election officer

City/Municipal Election Officer concerned: City/Municipal Officials

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The Certicate of Candidacy


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2 The Certificate of Candidacy

What information is required in a candidate’s COC?

A candidate must provide the following information in his or her COC:

Te office the candidate is seeking

Tat the candidate is eligible for the office he is seeking

Te political party to which he belongs

Civil status

Date of birth

Residence

Post office address for all election purposes

His profession or occupation

Section 74 of the Omnibus Election Code also requires that the candidate

state that he or she:

will support and defend the Constitution of the Philippines and will

maintain true faith and allegiance thereto;

will obey the laws, legal orders and decrees promulgated by the duly

constituted authorities;

is not a permanent resident or immigrant to a foreign country;

is assuming the obligation of the office voluntarily, without mental

reservation or purpose of evasion; and

has stated facts in the certificate of candidacy that are true to the best of

his knowledge.

1.

2.

3.

4.

5.

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Te Supreme Court Speaks: Decisions on Material Misrepresentation

The Supreme Court ruled that the material misrepresentation provided for in Section 78 of the Omnibus Election

Code must refer to qualications for public ofce. The Supreme Court added that a false representation under

Section 78 must consist of a deliberate attempt to mislead, misinform or hide a fact that would otherwise render

a candidate ineligible.

Thus, in a case decided by the High Court, a candidate who used a surname which was not intended to mislead

or deceive the public as to her identity was not considered a violation of the said provision. The Court noted

that the main issue in a petition to deny due course is whether the use of the particular surname constitutes

material misrepresentation under Section 78 and not whether the candidate is entitled to use a specic surname

in the candidacy or not. In addition, the Court also noted that the petitioner had not assailed the respondent’squalications to run for the ofce of the mayor. According to the Supreme Court, petitioner did not claim that the

private respondent lacked the requisite residency, age, citizenship or any other legal qualications necessary

to run for a local elective ofce as provided for in the Local Government Code. The Court also noted that the

private respondent had been using the surname for several years before the election in her business papers.

(Salcedo II v. COMELEC , 312 SCRA 447, August 16, 1999)

But in another case before the Supreme Court, a candidate for Punong Barangay was deemed to have

committed material misrepresentation when he made a false statement in his certicate of candidacy that he

was a registered voter in the barangay where he intended to run, when the truth was that he used to be a

registered voter, but he failed to register as voter in the barangay when COMELEC ordered a new registrationof all voters, old and new alike, for the 1998 elections. (Bautista v. COMELEC , 414 SCRA 299.)

In a case involving a famous political personality, the Court held that where an entry in the certicate of candidacy

was an “honest mistake” and without any intent to mislead, misinform or hide a fact which would otherwise

render a candidate ineligible, the same is not a ground for petition to deny due course. The Court noted that

“it would be plainly ridiculous for a candidate to deliberately and knowingly make a statement in a certicate of

candidacy which would lead to his or her disqualication”. For election purposes, the Supreme Court has ruled

that residence is similar to domicile. (Romualdez-Marcos v. COMELEC , 248 SCRA 300 at 326)

Petitions for Disqualication

Tere are four ways by which to “disqualify” a candidate, namely: (1) a

petition to deny due course and to cancel certificate of candidacy; (2) a petition

to disqualify a candidate for lack of qualifications or possessing some grounds

for disqualification; (3) a petition to declare a candidate a nuisance candidate;

and (4)a petition to disqualify a candidate pursuant to Sec. 68 of the Omnibus

Election Code (COMELEC Resolution 8696, 11 November 2009 ).

Tough these are different forms of action, they all have the same objective:

to “disqualify” a candidate and remove him or her from consideration in the

elections.

What are they ways by which one can ask the COMELEC to “disqualify“a candidate?


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4 Petition to Deny Due Course and to Cancel Certificate of Candidacy

What is a Petition to Deny Due Course and to Cancel Certicate ofCandidacy?

A petition to deny due course and to cancel certificate of candidacy is a

petition that is filed when one wants to have a particular candidate’s certificate

of candidacy (COC) cancelled exclusively on the ground that any material

representation contained in section 74 of the Omnibus Election Code is false,

meaning that the information provided by the candidate in question in hisor her certificate of candidacy is untrue (COMELEC Resolution 8696, 11

November 2009 ).

It is also important that the information being questioned is not only

false, but also material––that is that the information is relevant and can later

be qualified to sit in office if he or she wins.

For example, one can file a petition to disqualify a candidate forCongressman if one believes that the candidate in question has misrepresented

in his certificate of candidacy that he has met the residency requirement,

when in fact he has not. On the other hand, one can not file this kind of

petition if one believes that the candidate has misrepresented information

regarding his/her civil status, because civil status is not material qualification

for the office sought.

Who has jurisdiction over Petitions to Deny Due Course?

Te COMELEC has the jurisdiction to take cognizance of, and hear,

petitions to deny due course certificates of candidacy.

Petition to Deny Due Course and toCancel Certicate of Candidacy

Te Supreme Court Speaks: Jurisdiction over Petitions to Deny Due Course

In a decided case, a candidate for representative of the second district of Makati City, was sought to bedisqualied on the ground of lack of residency, argued that the House of Representatives Electoral Tribunal

(HRET) had jurisdiction over the case since it is the sole judge of all contests relating to the qualication of

members of the House.

The Supreme Court said his contention was without merit because that HRET assumes jurisdiction over all

contests relating to the qualication of candidates for the House of Representatives only when they become

members of the House. Prior to their assumption into ofce, the COMELEC is the ofce with the jurisdiction over

qualications of candidates. ( Aquino v. COMELEC , 248 SCRA 400)


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Who can le a Petition to Deny Due Course?

Any person of voting age or a duly registered political party, organization,

or coalition of political parties can personally, or through a duly authorized

representative, file the Petition exclusively on the ground that any material

representation obtained therein as required under Section 74 of the Omnibus

Election Code is false. Te Petition shall be filed in ten (10) legible copies.

When must the Petition be led?

Section 78 of the Omnibus Election Code (OEC) provides that Petitions

to Deny Due Course Certificates of Candidacy should be filed not later thantwenty-five (25) days from the filing of certificate of candidacy. For the 2010

elections, COMELEC Resolution 8696 also requires that a verified petition

to deny due course or to cancel certificate of candidacy must be filed by any

person within five (5) days from the last day for the filing of certificate of

candidacy.

Where must the Petition be led?

Te petition must be filed with the Office of the Clerk of the Commission,

Commission on Elections, in Manila. Petitions for disqualification filed with

offices other than with the Office of the Clerk of the Commission shall not be

accepted (Sec. 2, COMELEC Resolution 8696, 11 November 2009 ).

What’s in a Name?

In the event that there are two or more candidates for an ofce with the same name and surname, each

candidate shall state his paternal and maternal surname, except the incumbent who may continue to use the

name and surname stated in this certicate of candidacy when he was elected.

A candidate may also include in his certicate of candidacy one nickname or stage name by which he is

generally or popularly known in the locality. For example, in the 2004 national elections, Vice Presidential

candidate Noli De Castro used the nickname “Kabayan” in reference to the nickname attributed to him as a

broadcast journalist. (www.kabayannoli.com )


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6 Petitions to “Disqualify” Candidates Based on Other Grounds

What are the grounds for ling a Petition to Disqualify a Candidatefor Lack of Qualications or Possessing Some Grounds forDisqualication?

Tis petition can be filed when the candidate: (1) does not possess all the

qualifications as provided for by the Constitution or by existing law, or (2) who

possesses some grounds for disqualification as provided for by the Constitution

or by existing law (COMELEC Resolution 8696, 11 November 2009 ).

Te Omnibus Election Code provides other grounds for the disqualification

of a candidate. Te following individuals may be disqualified:

1. Any person who has been declared by competent authority insane or

incompetent;

2. A person who has been sentenced by final judgment for subversion,

insurrection, rebellion or for any offense for which he has been sentenced toa penalty of more than eighteen months; and

3. Any person who has been sentenced by final judgment of a crime

involving moral turpitude, unless he has been given plenary pardon or granted

amnesty.

Te disqualification to be a candidate herein provided are deemed

removed upon the declaration by competent authority that said insanity orincompetence has been removed or after the expiration of a period of five

years from his service of sentence, unless within the same period he again

becomes disqualified.

What are examples of disqualications on Constitutional Grounds?

Te Constitution prohibits certain officials from running for public

office. For instance, the Constitution provides for constitutional term

limits for the President, Vice-President, Senators, Members of the House ofRepresentatives and local elective officials. Te President, for example, cannot

run for a second term because the Constitution prohibits the president from

running for reelection. Senators, on the other hand, are allowed to sit for two

consecutive six-year terms in the Senate, but are barred from seeking a third

Petitions to “Disqualify” Candidates Based on OtherGrounds


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term. Congressmen are allowed to sit for only three consecutive three-year

terms.

Te Constitution also imposes disqualifications on the Ombudsman and

his deputies. Te Ombudsman and his deputies “shall not be qualified to run

for any office in the election immediately succeeding their cessation from

office.”

Can a green card holder or a permanent resident or immigrant to aforeign country run for public ofce?

No. Te provision also provides that a person who is a permanentresident of or an immigrant to a foreign country shall not be qualified to

run for any elective office under this Code, unless the person in question has

waived his status as a permanent resident or immigrant of a foreign country

in accordance with the residence requirement provided in our election laws.

It is important to note that a candidate who commits any of the foregoing

violations may only be disqualified if, in an action or protest in which he is a

party, he his found to be guilty of any of the said offenses by the Commissionor by final decision of a competent court.

Are there other laws that can be used as bases for disqualication?

Yes. Other laws aside from the Constitution and the Omnibus Election

Code provide grounds for disqualification of candidates as well. Below are

some of these laws:

Te Supreme Court Speaks: Moral Turpitude as Basis for Disqualification

An example of a crime involving moral turpitude is violation of Batas Pambansa Bilang 22, or the Bouncing

Checks Law. The Supreme Court said that a conviction under such crime necessarily attaches deceit to the act,

“which leaves a mark of lack of good moral character of the person”. Likewise, a violation of the Anti-Fencing

Law was also considered by the Supreme Court as a crime involving moral turpitude. (Villaber v. COMELEC ,

G.R. No. 148326, November 15, 2001)

Filing a COC not tantamount to waiver of candidate’s status as a permanentresident or immigrant of a foreign country.

In a decided case, the Supreme Court held that the mere ling of a certicate of candidacy for elective ofce in

the Philippines did not itself constitute waiver of a candidate’s status as a U.S. permanent resident or immigrant.

The Court ruled that the “waiver of his green card should be manifested by some act or acts independent of and

done prior to ling his candidacy for elective ofce in this country.” Without such waiver, he was disqualied to

run for any elective ofce. (Caasi v. CA and Miguel , G. R. No. 88831, November 8, 1990)


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8 Petitions to “Disqualify” Candidates Based on Other Grounds

Republic Act 8295

Under Section 4 of Republic Act 8295, the following are disqualified to

run in a special election called to fill a vacancy in an elective office:

Any elective official who has resigned from his office by accepting an

appointive office or for whatever reason which he previously occupied

but has caused to become vacant due to his resignation; and

Any person who, directly or indirectly, coerces, bribes, threatens,

harasses, intimidates or actually causes, inflicts or produces any

violence, injury, punishment, torture, damage, loss or disadvantageto any person or persons aspiring to become a candidate or that of

the immediate member of his family, his honor or property that is

meant to eliminate all other potential candidates.

Revised Penal Code

A candidate who is convicted of penalties under the Revised Penal Code

which provides for accessory penalties of perpetual or temporary absolutedisqualification, or perpetual or temporary special disqualification shall

also be disqualified from running for public office. Tese penalties result

in deprivation of public offices, professions, callings and employments the

offender may have held even if conferred by popular election, the right to

vote or to be elected, and loss of all rights to retirement pay or other pension

for any office formerly held.

Local Government Code

Under the Local Government Code , the following persons are disqualified

from running for elective local positions:

those sentenced by final judgment for an offense involving moral

turpitude or for an offense punishable by one year or more of

imprisonment, within two years after serving sentence;

those removed from office as a result of an administrative case;

those convicted by final judgment for violating the oath of allegiance

to the Republic;

those with dual citizenship;

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fugitives from justice in criminal or non-political cases here or

abroad;

permanent residents in a foreign country or those who have acquired

the right to reside abroad and continue to avail of the same right after

the effectivity of this Code; and

the insane or the feeble-minded.

Te Supreme Court said that the prohibition in the LGC against local

elective officials found to have been guilty of administrative offenses from

running for a local elective office again does not retroact to the time prior tothe law’s effectivity.

5.

6.

7.

Te Supreme Court Speaks: Te Citizenship Debate

In the case of movie star Edu Manzano, who was sought to be disqualied on the ground of dual citizenship,

the Supreme Court, in dismissing the petition, said that dual citizenship as a disqualication found in the LGC

must refer to citizens with “dual allegiance”. The Court reasoned that Filipino citizens may nd themselves in

a situation of being citizens of two countries without performing any act and as an involuntary consequence

of conicting laws of different countries. Hence, the mere fact of having dual citizenship is not ground for

disqualication.

In an earlier case, the Supreme Court dismissed a petition to disqualify a proclaimed governor of Cebu on

the grounds that the same had lost his Filipino citizenship and had become a US citizen on the ground that

the petition is not supported by “substantial and convincing evidence.” The petitioner relied mainly on an alien

certicate of registration as his evidence which the court found inadequate to prove the loss of his Filipino

citizenship.

The Court said that being the son of a Filipino father, the presumption is that the governor is a Filipino and it was

incumbent upon the petitioner to establish this fact, which he failed to do so. The Court had no occasion to apply

the new constitutional provision on dual allegiance of citizens found in the 1987 Constitution as it could not be

applied retroactively and there was as yet no law dening the effect of dual citizenship or allegiance.Fugitives from Justice

For purposes of disqualication, the Supreme Court dened a fugitive from justice to include not only those

who ee from the Philippines after conviction in a criminal case but also those who, after being charged, ee

to avoid prosecution. In this case, the Supreme Court said that Rodriguez left the U.S. ve months before the

charges were led against him. Therefore, he does not fall within the meaning of the phrase fugitive from justice.

(Marquez v. COMELEC , G.R. No. 112889, April 18, 1995.)


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10 Petition to Declare a Candidate a Nuisance Candidate

What are the bases for declaring a candidate a Nuisance Candidate?

One is declared a nuisance candidate when it is determined that the

candidate in question is running to:

put the election process in mockery or disrepute

cause confusion among voters by the similarity of the candidate’s name to

that of other registered candidates

One may also be declared a nuisance candidate when there are acts or

circumstances which “clearly demonstrate that the candidate has no bona

fide intention to run for the office for which the certificate of candidacy has

been filed,” thus preventing the faithful determination of the true will of the

electorate” (COMELEC Resolution 8696, 11 November 2009 ).

When does one le this petition?Tis petition must be filed within five (5) days from the last day for

the filing of certificates of candidacy. (COMELEC Resolution 8696, 11

November 2009)

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The Nuisance Candidate

Te Supreme Court Speaks: Nuisance Candidates

In Pamatong v. Comelec , the Supreme Court said “the greater the number of candidates, the greater the

opportunities for logistical confusion, not to mention increased allocation of time and resources in preparation

for the election.” While nuisance candidates usually cite Section 26, Article II of the Constitution––which states

that Filipinos are guaranteed “equal access to opportunities for public service”––to defend their right to run for

public ofce, the Court nonetheless ruled that “Section 26, Article II of the Constitution neither bestows such a

right nor elevates the privilege to the level of an enforceable right... the provision does not contain any judicially

enforceable constitutional right but merely species a guideline for legislative or executive action.” (Pamatong

v. Comelec GR No. 161872, April 13, 2004)

By saying that running for ofce is only a privilege, not a right, limitations can be imposed through our laws, such

as those found in the Omnibus Election Code and in COMELEC Resolutions that provide the bases for declaring

a candidate a nuisance candidate, such as a lack of “bona de intention to run,” which can be demonstrated by

a candidate who does not have a platform of government or is not capable of waging a nationwide campaign.


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What are the grounds for ling a Petition to Disqualify a CandidatePursuant to Sec. 68 of the Omnibus Election Code?

Te petition to disqualify a candidate pursuant to Section 68 of the OEC

can be filed against any candidate who is proven to have done any of the

following:

Gave money or other material consideration to influence, induce or

corrupt voters or public officials performing electoral functions;

Committed acts of terrorism to enhance his candidacy;

Spent in his election campaign an amount in excess of that allowed by

law. Te following are the expenditure limits per registered voter in the

constituency the candidate is running in:

en pesos (P10.00) for President and Vice-President

Tree Pesos (P3.00) for individual candidates supported by a political

party

Five Pesos (P5.00) for political parties

Five Pesos (P5.00) for candidates not supported by a political parties

Solicited and received contributions from:Public or private financial institutions. However, a loan to a candidate

or political party by public or private financial institutions is allowed

in the ordinary course of business is permissible;

Natural and juridical persons operating a public utility or in

possession of or exploiting any natural resources of the nation;

Natural and juridical persons who hold contracts or sub-contractsto supply the government or any of its divisions, subdivisions or

instrumentalities, with goods or services or to perform construction

or other works;

Natural and juridical persons who have been granted franchises,

incentives, exemptions, allocations or similar privileges or

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Disqualication Under Section 68 of the OmnibusElection Code


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12 Disqualification Under Section 68 of the Omnibus Election Code

concessions by the government or any of its divisions, subdivisions

or instrumentalities, including government-owned or controlled

corporations;

Natural and juridical persons who, within one year prior to the date

of the election, have been granted loans or other accommodations

in excess of P100,000 by the government or any of its divisions,

subdivisions or instrumentalities including government-owned or

controlled corporations;

Educational institutions which have received grants of public funds

amounting to no less than P100,000.00;

Officials or employees in the Civil Service, or members of the Armed

Forces of the Philippines; and

Foreigners and foreign corporations (Section 95 and 96 of the OEC ).

Raised for an election campaign or for the support of any candidate from

the commencement of the election period up to and including election

day: (1) dances, (2) lotteries, (3) cockfights, (4) games, (5) boxing bouts,

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Te Supreme Court Speaks: Disqualification Cases

In a decided case, the Supreme Court said that the COMELEC should continue with the trial of a disqualication

case that remained unresolved after the election. The Court said that COMELEC’s interpretation of its

Resolution No. 2050 that allows the outright dismissal of the disqualication case (Silvestre v. Duavit ) whichremains unresolved after the election amounts to a quasi-judicial legislation which “cannot be countenanced

and is invalid for having been issued beyond the scope of its authority”. (Sunga v. COMELEC , G.R. No. 125629,

March 25, 1998)

Disqualication is to be imposed on a candidate only for the term of ofce for which he was elected and sought

to be disqualied. Thus, where a candidate led a disqualication case against another for the May 1995

election which remained pending with COMELEC until it issued an order in 1998 disqualifying the candidate in

the May 8, 1995 elections, the Supreme Court dismissed the petition on the ground that the term of ofce for

which the petitioner was elected had already expired. (Trinidad v. COMELEC and Sunga, G. R. No. 135716,

September 23, 1999)

In another case, the Supreme Court said that the Commission must conduct a hearing to determine if evidence

of guilt of a winning candidate is strong before it can issue an order suspending the proclamation. COMELEC

cannot base the order suspending the proclamation merely on the “seriousness of the allegation” of the petition

for disqualication. (Codilla v. De Venecia, 393 SCRA 639)

If a candidate has been declared disqualied, it shall be the duty of the Commission to instruct the appropriate

election ofcials without delay to delete the name of said candidate as printed in the election return.


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(6) bingo, (7) beauty contests, (8) entertainment or cinematographic,

theatrical or other performances (Section 97, OEC)

Gave or made any contribution free of charge, directly or indirectly:

ransportation, food or drinks or things of value during the five hours

before and after a public meeting, on the day preceding the election,

and on the day of the election; or gave or contribute, directly or

indirectly, money or things of value for such purpose (Section 89,

OEC).

During the campaign period, on the day before and on the day ofthe election, directly or indirectly, make any donation, contribution

or gift in cash or in kind, or undertake or contribute to the

construction or repair of roads, bridges, school buses, puericulture

centers, medical clinics and hospitals, churches or chapels cement

pavements, or any structure for public use or for the use of any

religious or civic organization: Provided, Tat normal and customary

religious dues or contributions, such as religious stipends, tithes or

collections on Sundays or other designated collection days, as well asperiodic payments for legitimate scholarships established and school

contributions habitually made before the prohibited period, are

excluded from the prohibition (Sec 104, OEC ).

Campaigned outside the campaign period in a manual election (Section

80, OEC ).

Removed, destroyed and defaced lawful election propaganda (Section 83,OEC ).

Violated rules promulgated by the Comelec on use of Mass Media (Section

86, OEC, in relation to RA 9369 ).

Coerced or intimidated or compelled, or in any manner influenced,

directly or indirectly, any of his subordinates or members or parishioners

or employees or house helpers, tenants, overseers, farm helpers, tillers,

or lease holders to aid, campaign or vote for or against any candidate or

any aspirant for the nomination or selection of candidates (Section 261

[d], OEC ).

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14 Disqualification Under Section 68 of the Omnibus Election Code

Dismissed or threatened to dismissed, punished or threatened to punish

by reducing his salary, wage or compensation, or by demotion, transfer,

suspension, separation, excommunication, ejectment, or causing himannoyance in the performance of his job or in his membership, any

subordinate member or affiliate, parishioner, employee or house helper,

tenant, overseer, farm helper, tiller, or lease holder, for disobeying or not

complying with any of the acts ordered by the former to aid, campaign,

or vote for or against any candidate, or any aspirant for the nomination

or selection of candidates (Ibid.),

Treatened, intimidated or actually caused, inflicted or produced anyviolence, injury, punishment, damage, loss or disadvantage upon any

person or persons or that of the immediate members of his family, his

honor or property, or used any fraudulent device or scheme to compel

or induce the registration or refraining from registration of any voter,

or the participation in a campaign or refraining or desistance from any

campaign, or the casting of any vote or omission to vote, or any promise

of such registration, campaign, vote, or omission therefrom (Section 261

[e], OEC ).

Solicited votes or undertook any propaganda 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 (Section 261 [k], OEC ).

Released public funds prohibited under Section 261 [v], OEC.

Note: Section 85 of the OEC has been repealed by Republic Act No. 9006

What happens to a candidate who has been disqualied?

A candidate who has been declared by final judgment to be disqualified

shall not be voted for, and the votes cast for him shall not be counted. But

if a candidate is not declared by final judgment before an election to be

disqualified and he is voted for and receives the winning number of votes in

such election, his violation of the provisions of the preceding sections shall

not prevent his proclamation and assumption to office.

However, under Republic Act 6646 , the court and Commission are

directed to continue with trial and hearing of the action, inquiry or protest.

Te complainant may also during the pendency of the case order the

suspension of the proclamation of such candidate whenever the evidence of

guilt is strong.

•

•

•

•


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Does the time period allotted for the ling of COCs also apply tosubstitute candidates?

As a general rule, certificates of candidacy may be filed only within the

time period specified by law. Te law makes an exception, however, in the

case of substitution of candidates because of the following: (1) death, (2)

disqualification, or (3) withdrawal.

What happens if a candidate dies, withdraws, or is disqualied afterthe last day of ling of COCs? Can a substitute candidate still le aCOC?

Yes. If after the last day for the filing of certificate of candidacy, an official

candidate of a registered political party dies, withdraws or is disqualified for

any cause, he may be substituted by a candidate belonging to, and nominated

by, the same political party. No substitute shall be allowed for any independent

candidate (COMELEC Resolution 8678, 6 October 2009 ).

Until when can the substitute candidate le a COC?

Tis depends. A substitute for a candidate who has withdrawn only has

until December 14, 2009 to file his or her COC.

Substitutes for candidates who have died, suffered permanent incapacity,

or were disqualified by final judgment, on the other hand, may file their

certificates of candidacy up to mid-day of election day, or May 10, 2010(COMELEC Resolution 8678, 6 October 2009 ).

If the death or permanent disability should occur between the day before

the election and mid-day of election day, the substitute candidate may file the

certificate with any board of election inspectors in the political subdivision

where he or she is a candidate, or in the case of a candidate for President,

Vice-President or Senator, with the Law Department of the Commission on

Elections in Manila (COMELEC Resolution 8678, 6 October 2009 ).

Substitute Candidates


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A Step-by-Step Guide to Filing Petitions

Before ling the petition, the Petitioner must furnish a copy of the petition,

through personal service, to the respondent. If this is not possible, or if the

respondent refuses to receive the petition or the respondent’s whereaboutscannot be ascertained, the petitioner shall execute an afdavit stating the

reasons for the inability to furnish respondent with a copy of the petition.

The proof of service or the afdavit shall be attached to the petition to be

led with the Ofce of the Clerk of the Commission.

Petitioner pays the ling fee of Php5,000.00 and legal research fee of

Php50.00 upon submitting the petition.

The Ofce of the Clerk cf the Commission shall docket the petition and

assign to it a docket number, which must be consecutive according to the

order of receipt, and must bear the year and prexed as SPA (DC).

Once the petition has been properly led and docketed, the Ofce of the

Clerk of the Commission shall issue a summons with notice of hearing

through personal service or telegram, facsimile or through the fastest

means of communication, to the respondent and the petitioner within three

calendar days.

Within three calendar days from receipt of summons, the respondent shall

le his veried answer (not a Motion to Dismiss) to the petition at the Ofce

of the Clerk of the Commission. This must be done personally or through his

authorized representative in ten (10) legible copies, with proof of personal

service of Answer upon the petitioner.

The proceedings shall be summary in nature. The parties shall be asked

to submit the afdavits of their witnesses and other documentary evidencetogether with their position papers or memoranda instead of providing oral

testimonies.

The promulgation of a Decision or Resolution of the Commission or a

Division shall be made on a date previously xed, notice of which shall

be served in advance upon the parties or their attorneys personally, or by

registered mail, telegram, fax or thru the fastest means of communication.

A motion to reconsider a Decision, Resolution, Order or Ruling of a Division

shall be led within three (3) days from the promulgation thereof. Within

twenty-four (24) hours from the ling thereof, the Clerk of the Commission

shall notify the Presiding Commissioner, who shall within two (2) days

thereafter certify the case to the Commission en banc. The Clerk of the

Commission shall calendar the Motion for Reconsideration for the resolution

of the Commission en banc within three (3) days from the certication

thereof.


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RESOLUTION No. 8678

GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY AND NOMINATION OF

OFFICIAL CANDIDATES OF REGISTERED POLITICAL PARTIES IN CONNECTION WITH THEMAY 10, 2010 NATIONAL AND LOCAL ELECTIONS.

6 October 2009

The Commission on Elections, by virtue of the power vested in it by the Constitution, the Omnibus

Election Code, and other election laws, RESOLVED to promulgate as it hereby promulgates, the

following rules and guidelines on the ling of certicates of candidacy and nomination of ofcial

candidates of registered political parties in connection with the May 10, 2010 National and Local

Elections.

SEC. 1. Certicate of Candidacy. - a) No person shall be elected President, Vice-President, Senators,

Member of the House of Representatives, Provincial, City or Municipal ofcials unless he les a sworn

certicate of candidacy in the form prescribed by the Commission (prescribed forms attached), and

within the period xed herein.

b) No person shall be eligible for more than one ofce to be lled in the same election. If he les a

certicate of candidacy for more than one ofce he shall not be eligible for either. However, beforethe expiration of the period for the ling of certicate of candidacy, the person who has led more

than one certicate of candidacy may declare under oath the ofce for which he desires to be eligible

and cancel the certicate of candidacy for the other ofce or ofce/s. Said declaration shall be led

personally or through his duly authorized representative with the proper ofce in accordance with

Sec. 3 hereof.

c) A person who has led a certicate of candidacy may, prior to the election, withdraw the same

pursuant to Sec. 13 hereof.

d) The ling of a withdrawal of a certicate of candidacy shall not affect whatever civil, criminal or

administrative liabilities a candidate may have incurred.

SEC. 2. Contents of certicate of candidacy. - The certicate of candidacy shall be under oath

and shall state that the person ling it is announcing his candidacy for the ofce and constituency

stated therein; that he is eligible for said ofce, his age, sex, civil status, place and date of birth, his

citizenship, whether natural-born or naturalized; the registered political party to which he belongs;

if married, the full name of the spouse; his legal residence, giving the exact address, the precinct

number, barangay, city or municipality and province where he is registered voter; his post ofce

address for election purposes; his profession or occupation or employment; that he is not a permanentresident of an immigrant to a foreign country; that he will support and depend the Constitution of the

Republic of the Philippines and will maintain true faith and allegiance thereto; that he will obey

the laws, legal orders, decrees, resolution, rules and regulations promulgated and issued by the

duly-constituted authorities; that he assumes the foregoing obligations voluntarily without mental

reservation or purpose of evasion; and that the facts stated in the certicate are true and correct to

the best of his own knowledge.


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Unless a candidate has ofcially changed his name through a court-approved proceeding, a candidate

shall use in a certicate of candidacy the name by which he has been baptized or if he has not been

baptized in any church or religion, the name registered in the ofce of the local civil registrar or any

other name under the provisions of existing law or, in the case of a Muslim, his Hadji name after

performing the prescribed religious pilgrimage: provided, that when there are two or more candidates

for an ofce with the same name and surname, each candidate, upon being made aware of such

fact, shall state his paternal and maternal surname, except the incumbent who may continue to use

the name and surname stated in his certicate of candidacy when he was elected.

The person ling the certicate of candidacy may include one nickname or stage name by which he

is generally or popularly known in the locality; Provided: That no candidate shall use the nickname,

stage name or initials of another. In case of several nicknames or stage names, only the nickname

or stage name rst written shall be considered.

Titles, such as DON, DATU, DOCTOR, GINOO, or words of similar imports shall not be allowed.

SEC. 3. Where to le certicate of candidacy. - The certicate of candidacy shall be led in FIVE (5)

LEGIBLE COPIES with the ofces of the Commission specied hereunder:

Law Department, Commission on Elections

For President, Vice-President and Senator.

NCR Regional Election Director: Members of the House of Representatives for legislative districts in

the National Capital Region (NCR);

Provincial Election Supervisor concerned: (1) Members of the House of Representatives of legislative

districts in provinces, (2) Provincial ofcials

City Election Ofcer concerned designated for the purpose by the Regional Election Director: (1)

Members of the House of Representatives for legislative districts in cities outside the NCR, which

comprise one or more legislative districts, (2) City Ofcials of cities with more than one election

ofcer.

City/Municipal Election Ofcer concerned: City/Municipal Ofcials

The certicate of candidacy shall be led by the candidate personally or by his duly authorized

representative. No certicate of candidacy shall be led or accepted by mail, telegram or facsimile.

The authority of the authorized representative shall be in writing and under oath and attached to the

certicate of candidacy.

Certicate of candidacy not led with the correct ofces as enumerated above shall not beaccepted.

The ling of the certicate of candidacy of a substitute candidate, in case of valid substitution, shall

be led in accordance with Sec. 13 hereof.

The form of the certicate of candidacy shall be distributed free of charge and no ling fee shall be

imposed.


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SEC. 4. Effects of Filing Certicates of Candidacy. - a) Any person holding a public appointive ofce

or position including active members of the Armed Forces of the Philippines, and other ofcers and

employees in government-owned or controlled corporations, shall be considered ipso facto resigned

from his ofce upon the ling of his certicate of candidacy.

b) Any person holding an elective ofce or position shall not be considered resigned upon the ling

of his certicate of candidacy for the same or any other elective ofce or position.

SEC. 5. Period for ling Certicate of Candidacy. - The certicate of candidacy shall be led on

regular days, from November 20 to 30, 2009, during ofce hours, except on the last day, which shall

be until midnight.

SEC. 6. Certicates of nomination of ofcial candidates by the political party. - The certicate ofnomination of registered political parties or coalitions of political parties of their ofcial candidates

shall be led, in ve (5) copies, not later than the last day for ling of certicates of candidacy, duly

signed and attested under oath by the party president, chairman, secretary-general or any other duly

authorized ofcer and shall bear the acceptance of the nominee by afxing his signature in the space

provided therein. If the certicate of nomination of a candidate is led within the period for ling of

certicate of candidacy, but after his certicate of candidacy has been led, a copy of the certicate

of nomination shall be attached to the certicate of candidacy.

For this purpose, all registered political parties shall, not later than November 15, 2009, submit to the

Law Department the names and specimen signatures of the authorized signatories to ofcial party

nominations.

No certicate of nomination or any amendment thereto shall be led after the last day for ling of

certicate of candidacy, except in case of valid substitution under Sec. 13 hereof.

No political party shall be allowed to nominate candidates more than the number of persons required

to be voted for in an elective position. In such a situation, all of the nominations shall be denied due

course by the Commission.

SEC. 7. Independent Candidate. - An independent candidate is one:

1) who has not been nominated by a registered political party or its duty authorized representative;

2) whose nomination has not been submitted by a registered political party;

3) who has not accepted a nomination from a registered political party;

4) who accepts nominations from more than one registered political party, except in cases of coalitions

of said political parties; or

5) whose nomination was led after the last day of ling of certicate of candidacy.

SEC. 8. Ministerial duty of receiving and acknowledging receipt of certicates of candidacy/nomination;

Recording. - The receiving ofcer as provided for in Sec. 3 hereof shall have the ministerial duty to

receive and acknowledge receipt of the certicates of candidacy/nomination by registered political


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parties or coalition of political parties on or before the deadline for ling of certicates of candidacy,

provided said certicates are under oath and contain all the required data and in the form prescribed

by the Commission. He shall stamp every copy of each certicate with the date and time of its receipt

and afx his signature thereon.

The receiving ofcer shall enter in a record book, the following data, leaving no space between

entries: a) date and time of receipt of the certicates; b) assigned consecutive number thereof; c) full

name of the candidate; d) the ofce for which the candidate is running; e) the political party to which

the candidate belongs and/or which nominated him, if any; f) the number of copies actually received;

and g) the name of the receiving ofcer.

Without delay, after 12:00 o’clock midnight of the last day for ling certicate of candidacy, the

receiving ofcer shall close the record book by placing a line immediately after the last entry andwriting the word “closed”. He shall then afx his signature immediately below the word “closed” and

indicate the date and exact time of closing.

SEC. 9. Watchers of candidates, political parties and accredited citizens’ arms. - Any candidate,

political party, accredited citizen’s arm may appoint a watcher in connection with the ling and

reception of the certicates of candidacy. The watcher shall be allowed to stay within the premises

of the authorized receiving ofce and to take note of the proceedings but without interrupting or

disturbing ofcial business. Any watcher may report in writing to the Commission any irregularity,

which may require appropriate action.

Watchers shall be entitled, upon written request, to secure from the receiving ofcer a copy of the full

list of those who led their certicates of candidacy and their respective positions.

SEC. 10. Reports on the delivery of certicates of candidacy. - The receiving ofcer shall, using the

program provided by the Information Technology Department (ITD):

1) encode the candidates’ information and save the same in two (2) compact discs (CD);

2) print a list of candidates and afx his signature thereon.

Not later than December 2, 2009, the receiving ofcer shall report, by rush telegram or any available

fastest means of communication to the Commission through the Law Department, a complete list of

candidates who have led their certicates of candidacy as entered in the record book. Within the

same period, the record book, list of candidates duly signed, CDs, and copies of the certicates of

candidacy except one copy to be retained for le, as well as the original copy of nomination, if any,

shall be delivered personally to the Law Department in Manila by the following:

1) Regional Election Director for NCR – For Member of the House of Representatives in the legislative

districts in the NCR;

2) Provincial Election Supervisor – For Member of the House of Representatives and provincial, city

and municipal positions outside the National Capital Region;

For this purpose, the Election Ofcers concerned shall deliver the above mentioned items to his

Provincial Election Supervisor within twenty-four (24) hours after the deadline for ling.


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3) City/Municipal Election Ofcer – For city and municipal positions in the National Capital Region.

The Law Department shall distribute the copies of the certicates of candidacy and CDs, as

follows:

1st and 2nd Copies and one (1) CD Law Department

3rd Copy and one (1)CD ERSD

4th Copy COMELEC Secretary

SEC. 11. Preparation of the Certied List of Candidates. - Immediately after the last day for ling

of certicates of candidacy, the certied list of candidates shall be prepared by election ofcials/

department concerned as follows:

Law Department

For President, Vice-President and Senator;

Regional Election Director concerned

For Members of the House of Representatives in the legislative districts in the National Capital

Region (NCR);

Provincial Election Supervisor concerned

For Members of the House of Representatives in legislative districts in provinces, and provincial

ofcials;

City/Municipal Election Ofcer concerned

For city and municipal positions in the National Capital Region; and

For city and municipal positions outside of the National Capital Region.

SEC. 12. Withdrawal of Certicate of Candidacy. - Any person who has led a certicate of candidacy

may at any time before election day and subject to Sec. 13 hereof, le personally a statement of

withdrawal under oath in ve (5) legible copies with the ofce where the certicate of candidacy was

led. No statement of withdrawal shall be accepted if led by a person other than the candidate or if

led by mail, telegram or facsimile.

The Regional Election Director, Provincial Election Supervisor, or the Election Ofcer concerned shall,

upon receipt of the withdrawal, notify the Law Department by the fastest means of communication

of the a) full name of the candidate withdrawing; b) elective ofce concerned; c) political party, if

any; and d) substitution made, if any. On the same date, he shall retain a le copy and immediately

forward to the Commission through the Law Department all the other copies. The Law Department

shall, in turn, distribute the copies to the ofces/departments concerned as provided under Sec. 11

hereof.


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22 ANNEXES

For any withdrawal of candidacy and/or substitution led with the Commission, the eld ofce

concerned and the Project Director of Phase II shall be notied.

SEC. 13. Substitution of Candidates, in case of death, disqualication or withdrawal of another.- If after the last day for the ling of certicate of candidacy, an ofcial candidate of a registered

political party dies, withdraws or is disqualied for any cause, he may be substituted by a candidate

belonging to, and nominated by, the same political party. No substitute shall be allowed for any

independent candidate.

The substitute for a candidate who withdrew may le his certicate of candidacy as herein provided

for the ofce affected not later than December 14, 2009.

No person who has withdrawn his candidacy for a position shall be eligible as substitute candidatefor any other position after the deadline for ling of certicates of candidacy.

SEC. 14. Nuisance Candidates. - The Commission may, motu proprio, or upon veried petition of

an interested party refuse to give due course to or cancel a certicate of candidacy of candidates

running for national position if it is shown that said certicate has been led to put the election

process in mockery or disrepute, or to cause confusion among the voters by the similarity of names

of registered candidates, or by other circumstances or acts which clearly demonstrate that the

candidate has no bona de intention to run for the ofce for which the certicate of candidacy has

been led and thus prevent a faithful determination of the true will of the electorate.

A veried petition to declare a duly registered candidate as a nuisance candidate shall be led

personally or through duly authorized representative with the Commission by any registered

candidate within ve (5) days from the last day for ling certicate of candidacy.

SEC. 15. Petitions to Deny Due Course to or Cancel of a Certicate of Candidacy. - A veried petition

seeking to deny due course or to cancel a certicate of candidacy may be led by any person

within ve (5) days from the last day for ling of certicate of candidacy but not later than twenty

ve (25) days from the ling of the certicate of candidacy, exclusively on the ground of material

misrepresentation on the contents of the certicate of candidacy as required under Sec. 74 of theOmnibus Election Code (Batas Pambansa Blg. 881).

SEC. 16. Effects of Disqualication. - Any candidate who has been declared disqualied by nal

judgment shall not be voted for and the votes cast in his favor shall not be counted. If, for any reason,

he is not declared disqualied by nal judgment before the election and he is voted for and receives

the winning number of votes, the case shall continue and upon motion of the petitioner, complainant,

or intervenor, the proclamation of such candidate may be ordered suspended during the pendency

of the said case whenever the evidence is strong.

a) where a similar complaint/petition is led before the election and before the proclamation of the

respondent and the case is not resolved before the election, the trial and hearing of the case shall

continue and referred to the Law Department for preliminary investigation.

b) where the complaint/petition is led after the election and before the proclamation of the

respondent, the trial and hearing of the case shall be suspended and referred to the Law Department

for preliminary investigation.


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In either case, if the evidence of guilt is strong, the Commission may order the suspension of the

proclamation of respondent, and if proclaimed, to suspend the effects of proclamation.

SEC. 17. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publicationin two (2) daily newspapers of general circulation in the Philippines.

SEC. 18. Dissemination. - The Education and Information Department shall cause the publication

of this Resolution in two (2) daily newspapers of general circulation in the Philippines and give the

same the widest dissemination possible and furnish copies thereof to all Regional Election Directors,

Provincial Election Supervisors, Election Ofcers and accredited political parties and party-list

organizations or coalitions participating in the party list system of representation.


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24 ANNEXES

RESOLUTION No. 8696

RULES ON DISQUALIFICATION CASES FILED IN CONNECTION WITH THE

MAY 10, 2010 AUTOMATED NATIONAL AND LOCAL ELECTIONS

11 November 2009

The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus

Election Code and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to

prescribe the following rules of procedure concerning the ling of the following petitions for purposes

of the May 10, 2010 national and local elections:

a) Petition to Deny Due Course to or Cancel Certicate of Candidacy;

b) Petition To Declare A Candidate As Nuisance Candidate;

c) Petition To Disqualify A Candidate Pursuant to Sec. 68 of the Omnibus Election Code; and

d) Petition To Disqualify A Candidate for Lack of Qualications or Possessing Some Grounds For

Disqualication,

SECTION 1. Suspension of the COMELEC Rules of Procedures. - In the interest of justice and in

order to attain speedy disposition of cases, the application of the COMELEC Rules of Procedure or

any portion thereof inconsistent herewith is hereby suspended.

SEC. 2. Where to le petitions. - The petitions herein mentioned shall be led with the Ofce of the

Clerk of the Commission, Commission on Elections, in Manila.

Petitions for disqualication led with ofces other than with the Ofce of the Clerk of the Commission

shall not be accepted.

SEC. 3. Petitions led through mail or not in accordance with rules; Effect. - Petitions led throughmail and/or not in accordance with the herein rules shall not be accepted or docketed. However,

petitioner may re-le the petition in accordance with the herein rules and before the lapse of the

reglementary period provided for the ling for each petition.

SEC. 4. Procedure in ling petitions. - For purposes of the preceding sections, the following procedure

shall be observed:

A. PETITION TO DENY DUE COURSE TO OR CANCEL CERTIFICATE OF CANDIDACY

A veried petition to deny due course or to cancel certicate of candidacy may be led by any personwithin ve (5) days from the last day for the ling of certicate of candidacy but not later than twenty-

ve (25) days from the ling of certicate of candidacy under Section 78 of the Omnibus Election

Code (OEC);

The petition shall be led in ten (10) legible copies, personally or through a duly authorized

representative, by any person of voting age or a duly registered political party, organization, or


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coalition of political parties exclusively on the ground that any material representation contained

therein as required under Section 74 of the OEC is false.

PETITION TO DECLARE A NUISANCE CANDIDATE

A veried petition to declare a duly registered candidate as a nuisance candidate under Section 69

of the OEC, as amended by Section 5 of R.A. 6646, must be led within ve (5) days from the last

day for the ling of certicates of candidacy;

The petition shall be led in ten (10) legible copies personally or through a duly authorized

representative, by any candidate for the same ofce on the following grounds:

2.1. The certicate of candidacy has been led to put the election process in mockery or disrepute;

2.2. The certicate of candidacy causes confusion among voters by the similarity of the names of the

registered candidates;

2.3. By other acts or circumstances which clearly demonstrate that the candidate has no bona de

intention to run for the ofce for which the certicate of candidacy has been led and thus prevent

the faithful determination of the true will of the electorate.

PETITION TO DISQUALIFY A CANDIDATE PURSUANT TO SECTION 68 OF THE OMNIBUS

ELECTION CODE AND PETITION TO DISQUALIFY FOR LACK OF QUALIFICATIONS ORPOSSESSING SOME GROUNDS FOR DISQUALIFICATION

A veried petition to disqualify a candidate pursuant to Section 68 of the OEC and the veried petition

to disqualify a candidate for lack of qualications or possessing some grounds for disqualication

may be led on any day after the last day for ling of certicates of candidacy but not later than the

date of proclamation;

The petition to disqualify a candidate pursuant to Section 68 of the OEC shall be led in ten (10)

legible copies, personally or through a duly authorized representative, by any citizen of voting age, or

duly registered political party, organization or coalition of political parties against any candidate who,in an action or protest in which he is a party, is declared by nal decision of a competent court, guilty

of, or found by the Commission of, having:

2.1. Given money or other material consideration to inuence, induce or corrupt voters or public

ofcials performing electoral functions;

2.2. Committed acts of terrorism to enhance his candidacy; or

2.3. Spent in his election campaign an amount in excess of that allowed by law; or

2.4. Solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104

of the OEC; or

2.5. Violated any of Sections 80, 83, 85, 86 and 261 paragraphs d, e, k and v and cc sub-paragraph

6 of the OEC, shall be disqualied from continuing as a candidate, or if he has been elected, from

holding the ofce.


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26 ANNEXES

The petition to disqualify a candidate for lack of qualication or possessing some grounds for

disqualication, shall be led in ten (10) legible copies, personally or through a duly authorized

representative, by any person of voting age, or duly registered political party, orgariization or coalition

of political parties on the ground that the candidate does not possess all the qualications as provided

for by the Constitution or by existing law or who possesses some grounds for disqualication as

provided for by the Constitution or by existing law.

C. COMMON PROCEDURES

Petitioner shall, before the ling of the petition, furnish a copy of the petition through personal service,

to the respondent. In case personal service is not feasible, or the respondent refuses to receive

the petition or the respondent’s wherebouts cannot be ascertained, the petitioner shall execute an

afdavite stating the reasons or circumstances therefore;

The proof of service or the afdavit shall be attached to the petition to be led with the Ofce of the

Clerk of the Commission;

Upon payment of the ling fee of Php5,000.00 and legal research fee of Php50.00, the Ofce of the

Clerk cf the Commission shall docket the petition and assign to it a docket number, which must be

consecutive according to the order of receipt, and must bear the year and prexed as SPA (DC);

No petition shall be docketed unless the requirements in the preceding paragraphs have been

complied with;

Upon proper ling and docketing of the petition, the Ofce of the Clerk of the Commission shall,

within three (3) calendar days, issue summons with notice of hearing through personal service or

telegram, facsimile or through the most fastest means of communication, to the respondent and

notice of hearing to the petitioner;

Within three (3) calendar days from receipt of summons, the respondent shall, personally or through

his authorized representative, le his veried answer (not a Motion to Dismiss) to the petition, at the

Ofce of the Clerk of the Comniission, in ten (10) legible copies, with proof of personal service of Answer upon the petitioner.

Grounds for Motion to Dismiss may be raised as an Afrmative Defense;

The proceeding shall be summary in nature. In lieu of oral testimonies, the parties chall submit the

afdavits of their witnesses and other documentary evidence together with their position papers or

memoranda.

The position paper or memoranda of each party shall contain the following:

7.1. A “Statement of the Case”, which is a clear and concise statement of the nature of the action,

a summary of the docclmentary evidence, and other matters necessary to an understanding of the

controversy;

7.2. A “Statement of the Issues”, which is a clear and concise statement of the issues;


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7.3. The “Argument”, which is a clear and concise presentation of the argument in support of each

issue; and

7.4. The “Relief”, which is a specication of the judgment which the party seeks to obtain. Issues raisedin the pleadings that are not included in the memorandum shall be deemed waived or abandoned.

The Commission may consider the memorandum alone in deciding or resolving the petition, as said

memorandum is a summation of the parties’ pleadings and documentary evidence.

SEC. 5. Motu Proprio Cases. - The Commission may, at any time before the election, motu proprio

refuse to give due course to or cancel any certicate of candidacy of any candidate for the positions

of President, Vice-President, Senator and Party-List, on the following grounds:

a) Candidates who, on the face of their certicates of candidacy or, in the case of party-list groups- manifestation of intent to participate in the party-list system of representation - do not possess the

constitutional and legal qualications of the ofce to which they aspire to be elected;

b) Candidates or party-list group who, on the face of said certicates or in the case of party-list

groups - manifestation of intent to participate in the party-list system of representation - led their

certicates or manifestation to put the election process in mockery or disrepute;

c) Candidates whose certicates of candidacy or party-list groups whose manifestation could cause

confusion among the voters by the similarity of names and surnames with other registered candidates

or by the similarity of their party-list name or acronym; and

d) Candidates or party-list groups who have no bona de intention to run for the ofce for which the

certicate of candidacy or manifestation had been led or acts that clearly demonstrate the lack of

such bona de intention, such as:

d.1. Candidates who do not belong to or are not nominated by any registered political party or

national constituency;

d.2. Candidates who do not have a platform of government and are not capable of waging a

nationwide campaign.

Upon receipt of the certicates of candidacy for President, Vice-President, Senator, or upon receipt

of the manifestation of intent to participate for the and party-List, the Law Department shall, within

ve (5) days from the last day for ling certicate of candidacy and manifestation, forward to the

Commission en banc through the Ofce of the Commission Secretary, the certicates of candidacy

and manifestation, together with its study and recommendation;

The Commission Secretary shall upon receipt thereof, immediately calendar for deliberation the

certicates of candidacy and manifestation together with the study and recommendation of the LawDepartment with notice to all members of the Commission.

Within three (3) days from the date of the deliberation, the Commission shall resolve all matters

relative to the certicates of candidacy and manifestation submitted to it.

The Resolution denying due course or canceling the certicate of candidacy of candidates for


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President, Vice-President and Senator, or manifestation, shall be published in two (2) newspapers

of general circulation.

Any candidate whose certicate of candidacy or any party-list group whose manifestation hasbeen adversely affected may, personally or through a duly authorized representative, le a veried

opposition thereto, in ten (10) legible copies, within ve (5) days from the date of publication, with

the Ofce of the Clerk of the Commission, which shall assign a docket number which must be

consecutive according to the order of receipt and must bear the year and prexed as SPA (MP);

The Clerk of the Commission shall set the opposition for hearing within three (3) days from receipt

thereof.

Within two (2) days after the hearing, the Clerk of the Commission shall calendar the Opposition forconsultation and thereafter, the member to whom the case is assigned shall pen the decision within

ve (5) days from the date of consultation.

SEC. 6. Promulgation. - The promulgation of a Decision or Resolution of the Commission or a

Division shall be made on a date previously xed, notice of which shall be served in advance upon

the parties or their attorneys personally, or by registered mail, telegram, fax or thru the fastest means

of communication.

SEC. 7. Motion for reconsideration. - A motion to reconsider a Decision, Resolution, Order or Ruling

of a Division shall be led within three (3) days from the promulgation thereof. Such motion, if notpro-forma, suspends the execution for implementation of the Decision, Resolution, Order or Ruling.

Within twenty-four (24) hours from the ling thereof, the Clerk of the Commission shall notify the

Presiding Commissioner. The latter shall within two (2) days thereafter certify the case to the

Commission en banc.

The Clerk of the Commission shall calendar the Motion for Reconsideration for the resolution of the

Commission en banc within three (3) days from the certication thereof.

SEC. 8. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in

two (2) daily newspapers of general circulation.

The Education and Information Department, this Commission, shall cause the publication of this

Resolution in two (2) daily newspapers of general circulation.

SEC. 9. Dissemination. - The Education and Information Department of the Commission shall furnish

copies of this Resolution to all eld ofcials of the Commission, the political parties and accredited

citizens’ arm.

primer on the disqualification of electoral candidates

Documents