a primer on the disqualification of electoral candidates

This Primer on the Disqualification of Electoral Candidates was published by Libertas with the support of IFES and USAID to aid in providing information on how unqualified candidates, or those who commit certain prohibited acts, can be be “disqualified” 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.

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 Filipino citizens acquire the right to vote for officers of the Sangguniang

Kabataan in each barangay. By the age of 18, we become full participants in the electoral process when we become eligible to vote for all our elected officials––from members of the municipal council all the way up to the President of the Republic.

There are very few requirements one must meet to vote: one must be at 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 are no minimum educational requirements––one need not even have the ability to read or write. Even citizens incarcerated in our prisons cannot be denied their 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 have been sentenced to serve not more than a year in prison.

The same does not hold true for those aspiring for public office. The age requirements for candidates, for example, differ from voters. A candidate for president must be at least 40 years old; a senatorial aspirant, at least 35 years old; someone vying for a seat in Congress, at least 25 years old.

There is also a host of other requirements for those who seek elective office, depending on the position being sought. Candidates for positions at the local level, for example, have to satisfy residency requirements. This is to ensure that they live in the area where they will be running so that they will be 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 Commission on Elections.

The purpose of this primer is to provide the public with information on the 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 actively campaigning for these candidates, as well as taking steps necessary to ensure that those not qualified to run for––and hold––public office are barred from running in the first place.

The Right to Vote and Be VotedIntroduction

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Table of Contents

Introduction

Table of Contents

The Certificate of Candidacy

Petition to Deny Due Course and to Cancel Certificate of Candidacy

Petitions to “Disqualify” Candidates Based on Other Grounds

Petition to Declare a Candidate a Nuisance Candidate

Disqualification 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 Certificates of Candidacy and Nomination of Official Candidates of Registered Political Parties in Connection with the May 10, 2010 National and Local Elections

COMELEC Resolution No. 8696 Rules on Disqualification Cases Filed in Connection with the May 10 Automated National and Local Elections

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A Primer on the Disqualification of Electoral Candidates �

When is the period for the filing of certificates 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 for President, Vice President, Senator, and party-list elections, and forty-five (45) days for other candidates.

How many copies of the COC must be filed?

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 file his COC?

This depends on the position being sought. Those running for president and vice-president should file their COCs at the Law Department of the COMELEC (COMELEC Resolution 8678, 6 October 2009). Those 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 Representatives for 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 Certificate of Candidacy

� 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:

The office the candidate is seeking

That the candidate is eligible for the office he is seeking

The 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.

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The 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 qualifications for public office. 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 specific surname in the candidacy or not. In addition, the Court also noted that the petitioner had not assailed the respondent’s qualifications to run for the office 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 qualifications necessary to run for a local elective office 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 certificate 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 registration of 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 certificate 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 certificate of candidacy which would lead to his or her disqualification”. 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 Disqualification

There 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).

Though 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?

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

What is a Petition to Deny Due Course and to Cancel Certificate of Candidacy?

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 his or 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 for Congressman 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?

The COMELEC has the jurisdiction to take cognizance of, and hear, petitions to deny due course certificates of candidacy.

Petition to Deny Due Course and to Cancel Certificate of Candidacy

The Supreme Court Speaks: Jurisdiction over Petitions to Deny Due CourseIn a decided case, a candidate for representative of the second district of Makati City, was sought to be disqualified 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 qualification 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 qualification of candidates for the House of Representatives only when they become members of the House. Prior to their assumption into office, the COMELEC is the office with the jurisdiction over qualifications of candidates. (Aquino v. COMELEC, 248 SCRA 400)


Who can file 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. The Petition shall be filed in ten (10) legible copies.

When must the Petition be filed?

Section 78 of the Omnibus Election Code (OEC) provides that Petitions to Deny Due Course Certificates of Candidacy should be filed not later than twenty-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 filed?

The 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 office 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 certificate of candidacy when he was elected.

A candidate may also include in his certificate 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)

� Petitions to “Disqualify” Candidates Based on Other Grounds

What are the grounds for filing a Petition to Disqualify a Candidate for Lack of Qualifications or Possessing Some Grounds for Disqualification?

This 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).

The Omnibus Election Code provides other grounds for the disqualification of a candidate. The 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 to a 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.

The disqualification to be a candidate herein provided are deemed removed upon the declaration by competent authority that said insanity or incompetence 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 disqualifications on Constitutional Grounds?

The 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 of Representatives and local elective officials. The 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 Other Grounds


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

The Constitution also imposes disqualifications on the Ombudsman and his deputies. The 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 a foreign country run for public office?

No. The provision also provides that a person who is a permanent resident 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 Commission or by final decision of a competent court.

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

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:

The 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 permanent resident or immigrant of a foreign country.

In a decided case, the Supreme Court held that the mere filing of a certificate of candidacy for elective office 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 filing his candidacy for elective office in this country.” Without such waiver, he was disqualified to run for any elective office. (Caasi v. CA and Miguel, G. R. No. 88831, November 8, 1990)

� 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 disadvantage to 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 absolute disqualification, or perpetual or temporary special disqualification shall also be disqualified from running for public office. These 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.

The 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 to the law’s effectivity.

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The Supreme Court Speaks: The Citizenship DebateIn the case of movie star Edu Manzano, who was sought to be disqualified on the ground of dual citizenship, the Supreme Court, in dismissing the petition, said that dual citizenship as a disqualification found in the LGC must refer to citizens with “dual allegiance”. The Court reasoned that Filipino citizens may find themselves in a situation of being citizens of two countries without performing any act and as an involuntary consequence of conflicting laws of different countries. Hence, the mere fact of having dual citizenship is not ground for disqualification.

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 certificate 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 defining the effect of dual citizenship or allegiance.

Fugitives from Justice

For purposes of disqualification, the Supreme Court defined a fugitive from justice to include not only those who flee from the Philippines after conviction in a criminal case but also those who, after being charged, flee to avoid prosecution. In this case, the Supreme Court said that Rodriguez left the U.S. five months before the charges were filed 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.)

�0 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 file this petition?

This 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

The Supreme Court Speaks: Nuisance CandidatesIn 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 office, 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 specifies a guideline for legislative or executive action.” (Pamatong v. Comelec GR No. 161872, April 13, 2004)

By saying that running for office 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 fide 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.

A Primer on the Disqualification of Electoral Candidates ��

What are the grounds for filing a Petition to Disqualify a Candidate Pursuant to Sec. 68 of the Omnibus Election Code?

The 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. The following are the expenditure limits per registered voter in the constituency the candidate is running in:

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

Three 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-contracts to 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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Disqualification Under Section 68 of the Omnibus Election Code

�� 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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The Supreme Court Speaks: Disqualification CasesIn a decided case, the Supreme Court said that the COMELEC should continue with the trial of a disqualification 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 disqualification case (Silvestre v. Duavit) which remains 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)

Disqualification is to be imposed on a candidate only for the term of office for which he was elected and sought to be disqualified. Thus, where a candidate filed a disqualification 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 office 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 disqualification. (Codilla v. De Venecia, 393 SCRA 639)

If a candidate has been declared disqualified, it shall be the duty of the Commission to instruct the appropriate election officials without delay to delete the name of said candidate as printed in the election return.


(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:

Transportation, 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 of the 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, That normal and customary religious dues or contributions, such as religious stipends, tithes or collections on Sundays or other designated collection days, as well as periodic 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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�� 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 him annoyance 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.),

Threatened, intimidated or actually caused, inflicted or produced any violence, 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 disqualified?

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. The 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 filing of COCs also apply to substitute candidates?

As a general rule, certificates of candidacy may be filed only within the time period specified by law. The 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 disqualified after the last day of filing of COCs? Can a substitute candidate still file a COC?

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 file a COC?

This 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

�� The Certificate of Candidacy

A Step-by-Step Guide to Filing Petitions

Before filing 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 whereabouts cannot be ascertained, the petitioner shall execute an affidavit stating the reasons for the inability to furnish respondent with a copy of the petition. The proof of service or the affidavit shall be attached to the petition to be filed with the Office of the Clerk of the Commission.

Petitioner pays the filing fee of Php5,000.00 and legal research fee of Php50.00 upon submitting the petition.

The Office 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 prefixed as SPA (DC).

Once the petition has been properly filed and docketed, the Office 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 file his verified answer (not a Motion to Dismiss) to the petition at the Office 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 affidavits of their witnesses and other documentary evidence together 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 fixed, 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 filed within three (3) days from the promulgation thereof. Within twenty-four (24) hours from the filing 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 certification thereof.


RESOLUTION No. 8678

GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY AND NOMINATION OF OFFICIAL CANDIDATES OF REGISTERED POLITICAL PARTIES IN CONNECTION WITH THE MAY 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 filing of certificates of candidacy and nomination of official candidates of registered political parties in connection with the May 10, 2010 National and Local Elections.

SEC. 1. Certificate of Candidacy. - a) No person shall be elected President, Vice-President, Senators, Member of the House of Representatives, Provincial, City or Municipal officials unless he files a sworn certificate of candidacy in the form prescribed by the Commission (prescribed forms attached), and within the period fixed herein.

b) No person shall be eligible for more than one office to be filled in the same election. If he files a certificate of candidacy for more than one office he shall not be eligible for either. However, before the expiration of the period for the filing of certificate of candidacy, the person who has filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or office/s. Said declaration shall be filed personally or through his duly authorized representative with the proper office in accordance with Sec. 3 hereof.

c) A person who has filed a certificate of candidacy may, prior to the election, withdraw the same pursuant to Sec. 13 hereof.

d) The filing of a withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities a candidate may have incurred.

SEC. 2. Contents of certificate of candidacy. - The certificate of candidacy shall be under oath and shall state that the person filing it is announcing his candidacy for the office and constituency stated therein; that he is eligible for said office, 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 office address for election purposes; his profession or occupation or employment; that he is not a permanent resident 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 certificate are true and correct to the best of his own knowledge.

�� The Certificate of Candidacy

Unless a candidate has officially changed his name through a court-approved proceeding, a candidate shall use in a certificate 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 office 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 office 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 certificate of candidacy when he was elected.

The person filing the certificate 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 first written shall be considered.

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

SEC. 3. Where to file certificate of candidacy. - The certificate of candidacy shall be filed in FIVE (5) LEGIBLE COPIES with the offices of the Commission specified 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 officials

City Election Officer 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 Officials of cities with more than one election officer.

City/Municipal Election Officer concerned: City/Municipal Officials

The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. No certificate of candidacy shall be filed or accepted by mail, telegram or facsimile. The authority of the authorized representative shall be in writing and under oath and attached to the certificate of candidacy.

Certificate of candidacy not filed with the correct offices as enumerated above shall not be accepted.

The filing of the certificate of candidacy of a substitute candidate, in case of valid substitution, shall be filed in accordance with Sec. 13 hereof.

The form of the certificate of candidacy shall be distributed free of charge and no filing fee shall be imposed.


SEC. 4. Effects of Filing Certificates of Candidacy. - a) Any person holding a public appointive office or position including active members of the Armed Forces of the Philippines, and other officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

b) Any person holding an elective office or position shall not be considered resigned upon the filing of his certificate of candidacy for the same or any other elective office or position.

SEC. 5. Period for filing Certificate of Candidacy. - The certificate of candidacy shall be filed on regular days, from November 20 to 30, 2009, during office hours, except on the last day, which shall be until midnight.

SEC. 6. Certificates of nomination of official candidates by the political party. - The certificate of nomination of registered political parties or coalitions of political parties of their official candidates shall be filed, in five (5) copies, not later than the last day for filing of certificates of candidacy, duly signed and attested under oath by the party president, chairman, secretary-general or any other duly authorized officer and shall bear the acceptance of the nominee by affixing his signature in the space provided therein. If the certificate of nomination of a candidate is filed within the period for filing of certificate of candidacy, but after his certificate of candidacy has been filed, a copy of the certificate of nomination shall be attached to the certificate 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 official party nominations.

No certificate of nomination or any amendment thereto shall be filed after the last day for filing of certificate 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 filed after the last day of filing of certificate of candidacy.

SEC. 8. Ministerial duty of receiving and acknowledging receipt of certificates of candidacy/nomination; Recording. - The receiving officer as provided for in Sec. 3 hereof shall have the ministerial duty to receive and acknowledge receipt of the certificates of candidacy/nomination by registered political

�0 The Certificate of Candidacy

parties or coalition of political parties on or before the deadline for filing of certificates of candidacy, provided said certificates are under oath and contain all the required data and in the form prescribed by the Commission. He shall stamp every copy of each certificate with the date and time of its receipt and affix his signature thereon.

The receiving officer shall enter in a record book, the following data, leaving no space between entries: a) date and time of receipt of the certificates; b) assigned consecutive number thereof; c) full name of the candidate; d) the office 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 officer.

Without delay, after 12:00 o’clock midnight of the last day for filing certificate of candidacy, the receiving officer shall close the record book by placing a line immediately after the last entry and writing the word “closed”. He shall then affix 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 filing and reception of the certificates of candidacy. The watcher shall be allowed to stay within the premises of the authorized receiving office and to take note of the proceedings but without interrupting or disturbing official 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 officer a copy of the full list of those who filed their certificates of candidacy and their respective positions.

SEC. 10. Reports on the delivery of certificates of candidacy. - The receiving officer 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 affix his signature thereon.

Not later than December 2, 2009, the receiving officer 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 filed their certificates 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 certificates of candidacy except one copy to be retained for file, 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 Officers concerned shall deliver the above mentioned items to his Provincial Election Supervisor within twenty-four (24) hours after the deadline for filing.


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

The Law Department shall distribute the copies of the certificates 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 Certified List of Candidates. - Immediately after the last day for filing of certificates of candidacy, the certified list of candidates shall be prepared by election officials/ 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 officials;

City/Municipal Election Officer 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 Certificate of Candidacy. - Any person who has filed a certificate of candidacy may at any time before election day and subject to Sec. 13 hereof, file personally a statement of withdrawal under oath in five (5) legible copies with the office where the certificate of candidacy was filed. No statement of withdrawal shall be accepted if filed by a person other than the candidate or if filed by mail, telegram or facsimile.

The Regional Election Director, Provincial Election Supervisor, or the Election Officer 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 office concerned; c) political party, if any; and d) substitution made, if any. On the same date, he shall retain a file 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 offices/departments concerned as provided under Sec. 11 hereof.

�� ANNEXES

For any withdrawal of candidacy and/or substitution filed with the Commission, the field office concerned and the Project Director of Phase II shall be notified.

SEC. 13. Substitution of Candidates, in case of death, disqualification or withdrawal of another. - 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.

The substitute for a candidate who withdrew may file his certificate of candidacy as herein provided for the office affected not later than December 14, 2009.

No person who has withdrawn his candidacy for a position shall be eligible as substitute candidate for any other position after the deadline for filing of certificates of candidacy.

SEC. 14. Nuisance Candidates. - The Commission may, motu proprio, or upon verified petition of an interested party refuse to give due course to or cancel a certificate of candidacy of candidates running for national position if it is shown that said certificate has been filed 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 fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.

A verified petition to declare a duly registered candidate as a nuisance candidate shall be filed personally or through duly authorized representative with the Commission by any registered candidate within five (5) days from the last day for filing certificate of candidacy.

SEC. 15. Petitions to Deny Due Course to or Cancel of a Certificate of Candidacy. - A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by any person within five (5) days from the last day for filing of certificate of candidacy but not later than twenty five (25) days from the filing of the certificate of candidacy, exclusively on the ground of material misrepresentation on the contents of the certificate of candidacy as required under Sec. 74 of the Omnibus Election Code (Batas Pambansa Blg. 881).

SEC. 16. Effects of Disqualification. - Any candidate who has been declared disqualified by final 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 disqualified by final 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 filed 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 filed 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.


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 publication in 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 Officers and accredited political parties and party-list organizations or coalitions participating in the party list system of representation.

�� ANNEXES

RESOLUTION No. 8696RULES 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 filing of the following petitions for purposes of the May 10, 2010 national and local elections:

a) Petition to Deny Due Course to or Cancel Certificate 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 Qualifications or Possessing Some Grounds For Disqualification,

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 file petitions. - The petitions herein mentioned shall 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. 3. Petitions filed through mail or not in accordance with rules; Effect. - Petitions filed through mail and/or not in accordance with the herein rules shall not be accepted or docketed. However, petitioner may re-file the petition in accordance with the herein rules and before the lapse of the reglementary period provided for the filing for each petition.

SEC. 4. Procedure in filing 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 verified petition to deny due course or to cancel certificate of candidacy may be filed by any person within five (5) days from the last day for the filing of certificate of candidacy but not later than twenty-five (25) days from the filing of certificate of candidacy under Section 78 of the Omnibus Election Code (OEC);

The petition shall be filed 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


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 verified 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 filed within five (5) days from the last day for the filing of certificates of candidacy;

The petition shall be filed in ten (10) legible copies personally or through a duly authorized representative, by any candidate for the same office on the following grounds:

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

2.2. The certificate 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 fide intention to run for the office for which the certificate of candidacy has been filed 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 OR POSSESSING SOME GROUNDS FOR DISQUALIFICATION

A verified petition to disqualify a candidate pursuant to Section 68 of the OEC and the verified petition to disqualify a candidate for lack of qualifications or possessing some grounds for disqualification may be filed on any day after the last day for filing of certificates 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 filed 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 final decision of a competent court, guilty of, or found by the Commission of, having:

2.1. Given money or other material consideration to influence, induce or corrupt voters or public officials 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 disqualified from continuing as a candidate, or if he has been elected, from holding the office.

�� ANNEXES

The petition to disqualify a candidate for lack of qualification or possessing some grounds for disqualification, shall be filed 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 qualifications as provided for by the Constitution or by existing law or who possesses some grounds for disqualification as provided for by the Constitution or by existing law.

C. COMMON PROCEDURES

Petitioner shall, before the filing 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 affidavite stating the reasons or circumstances therefore;

The proof of service or the affidavit shall be attached to the petition to be filed with the Office of the Clerk of the Commission;

Upon payment of the filing fee of Php5,000.00 and legal research fee of Php50.00, the Office 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 prefixed as SPA (DC);

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

Upon proper filing and docketing of the petition, the Office 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, file his verified answer (not a Motion to Dismiss) to the petition, at the Office 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 Affirmative Defense;

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


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 specification of the judgment which the party seeks to obtain. Issues raised in 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 certificate 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 certificates 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 qualifications of the office to which they aspire to be elected;

b) Candidates or party-list group who, on the face of said certificates or in the case of party-list groups - manifestation of intent to participate in the party-list system of representation - filed their certificates or manifestation to put the election process in mockery or disrepute;

c) Candidates whose certificates 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 fide intention to run for the office for which the certificate of candidacy or manifestation had been filed or acts that clearly demonstrate the lack of such bona fide 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 certificates 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 five (5) days from the last day for filing certificate of candidacy and manifestation, forward to the Commission en banc through the Office of the Commission Secretary, the certificates of candidacy and manifestation, together with its study and recommendation;

The Commission Secretary shall upon receipt thereof, immediately calendar for deliberation the certificates of candidacy and manifestation together with the study and recommendation of the Law Department 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 certificates of candidacy and manifestation submitted to it.

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

�� ANNEXES

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

Any candidate whose certificate of candidacy or any party-list group whose manifestation has been adversely affected may, personally or through a duly authorized representative, file a verified opposition thereto, in ten (10) legible copies, within five (5) days from the date of publication, with the Office 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 prefixed 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 for consultation and thereafter, the member to whom the case is assigned shall pen the decision within five (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 fixed, 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 filed within three (3) days from the promulgation thereof. Such motion, if not pro-forma, suspends the execution for implementation of the Decision, Resolution, Order or Ruling.

Within twenty-four (24) hours from the filing 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 certification 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 field officials of the Commission, the political parties and accredited citizens’ arm.

a primer on the disqualification of electoral candidates

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