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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.

Introduction The Right to Vote and Be Voted

ne 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
officialsfrom 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 requirementsone 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 init should also extend to actively
campaigning for these candidates, as well as taking steps necessary to ensure
that those not qualified to run forand holdpublic office are barred from
running in the first place.

Table of Contents
Introduction

Table of Contents

ii

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

10

Disqualification Under Section 68 of the


Omnibus Election Code

11

The Substitute Candidate

15

A Step-by-Step Guide to Filing Petitions

16

Annexes
COMELEC 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

17

COMELEC Resolution No. 8696


Rules on Disqualification Cases Filed in
Connection with the May 10 Automated
National and Local Elections

24

ii

A Primer on the Disqualification of Electoral Candidates


The Certificate of Candidacy
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

The Certificate of Candidacy


What information is required in a candidates COC?
A candidate must provide the following information in his or her COC:
1. The office the candidate is seeking
2. That the candidate is eligible for the office he is seeking
3. The political party to which he belongs
4. Civil status
5. Date of birth
6. Residence
7. Post office address for all election purposes
8. 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.

A Primer on the Disqualification of Electoral Candidates


Petitions for Disqualification
What are they ways by which one can ask the COMELEC to disqualify
a candidate?
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.

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 respondents
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)

Petition to Deny Due Course and to Cancel Certificate of Candidacy

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 candidates 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 materialthat 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.

The 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 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)

A Primer on the Disqualification of Electoral Candidates


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).

Whats 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

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

A Primer on the Disqualification of Electoral Candidates


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 candidates 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 candidates 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:
1. 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
2. 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:
1. 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;
2. those removed from office as a result of an administrative case;
3. those convicted by final judgment for violating the oath of allegiance
to the Republic;
4. those with dual citizenship;

A Primer on the Disqualification of Electoral Candidates


5. fugitives from justice in criminal or non-political cases here or
abroad;
6. 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
7. 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 laws effectivity.

The Supreme Court Speaks: The Citizenship Debate


In 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.)

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Petition to Declare a Candidate a Nuisance Candidate

The 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 candidates 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)

The 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 Constitutionwhich states
that Filipinos are guaranteed equal access to opportunities for public serviceto 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


Disqualification Under Section 68 of the Omnibus
Election Code
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

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,

The Supreme Court Speaks: Disqualification Cases


In 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 COMELECs 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.

A Primer on the Disqualification of Electoral Candidates


(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.

A Primer on the Disqualification of Electoral Candidates


Substitute Candidates
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).

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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 respondents 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.

A Primer on the Disqualification of Electoral Candidates


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.

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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.

A Primer on the Disqualification of Electoral Candidates


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

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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 oclock 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 citizens 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.

A Primer on the Disqualification of Electoral Candidates


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.

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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.

A Primer on the Disqualification of Electoral Candidates


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.

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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 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 twentyfive (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

A Primer on the Disqualification of Electoral Candidates


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.

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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 respondents 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;

A Primer on the Disqualification of Electoral Candidates


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

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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.