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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.
Table of Contents
Introduction
Table of Contents
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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
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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;
has stated facts in the certificate of candidacy that are true to the best of
his knowledge.
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)
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)
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:
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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).
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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;
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,
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).
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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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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.
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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
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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;
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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.