OCTAVIANO, Leslie Anne O.

2006-33060

The Law on Public Officers, Civil Service Laws and Election Laws Prof. Gisella D. Reyes

PETITION TO DENY DUE COURSE OR TO CANCEL THE COC

PETITION FOR DISQUALIFICATION Section 68, OEC:

- commission of the prohibited acts a. given money or other material consideration to influence or corrupt b. committed acts of terrorism c. spent in his election campaign an amount in excess of that allowed d. solicited, received or made any contribution prohibited under the Code - permanent resident of or an immigrant to a foreign country

GROUNDS

Section 78, OEC: Any material misrepresentation contained in the COC as required under Section 74
- announcing his candidacy for the office stated therein and that he is eligible for said office - the city or district or sector which he seeks to represent; - the political party to which he belongs - civil status - date of birth - residence - post office address - profession or occupation - that he will support and defend the Constitution of the Philippines - that he will obey the laws, legal orders, and decrees - that he is not a permanent resident or immigrant to a foreign country - that he assumes the obligation imposed by his oath voluntarily, without mental reservation or purpose of evasion - the facts stated in the certificate of candidacy are true to the best of his knowledge.

Section 12, OEC:

- declared insane or incompetent - final judgment for subversion, insurrection, rebellion OR for any offense for which he has been sentenced to a penalty of more than 18 months for a crime involving moral turpitude

Section 40, LGC:

- an offense involving moral turpitude - administrative case; - violation of oath of allegiance - dual citizenship - fugitives from justice - permanent residents in a foreign country - insane or feeble-minded

EFFECTS

A candidate guilty of misrepresentation may be: (1) prevented from running, OR (2) if elected, from serving, OR (3) prosecuted for violation of the election laws.1 There can be no valid substitution much in the same way that a nuisance candidate whose certificate of candidacy is denied due course and/or cancelled may not be substituted. A person without a valid certificate of candidacy cannot be considered a candidate. Its as if no COC was filed. Any time not later than 25 days from the time of the filing of the certificate of candidacy To bar an individual from becoming a candidate; Eliminate the candidate from the race

The individual is disqualified from continuing as a candidate, or if he has been elected, from holding the office.

DISTINCTION2 TIME OF FILING PURPOSE

Only the candidate who had a valid certificate of candidacy may be substituted. A disqualified candidate may only be substituted if he had a valid certificate of candidacy. Any time after the filing of the certificate of candidacy but before promulgation To remove the incumbent from office

1 2

Bautista vs. COMELEC, G.R. Nos. 154796-97. October 23, 2003 Miranda vs. Abaya, G.R. No. 136351, July 28, 1999.