Petition to deny due course to or to Petition for Postponement and Pre – proclamation

Cancel Certificate of Candidacy Disqualification Failure of Elections controversy

Who may file Verified petition by any Verified petition by any
interested party candidate or any
registered political
party, organization or
coalition of political
parties
Where to file Before BOC or directly
with the Commission
When to file Within 5 days from the last day of Any day after the last Immediately when the
filing of COC day for filing of board begins to act
certificates of candidacy illegally, or at the time
BUT (COC) of the appointment of
the member of the board
Not later than 25 days from the time of BUT whose capacity to sit as
filing of the certificate of candidacy such is objected to.
Not later than the date of
Note : in case of a substitute candidate, proclamation
the Petition must be filed within 5 days
from the time the substitute candidate
filed his COC
When shall be After due notice and hearing, not later
decided than 15 days before the election
Grounds Misrepresentation in the COC When declared by Grounds for 1. Illegal
FINAL DECISION of a postoponement of composition of
competent court, guilty election : the Board of
by the Commission to be Canvassers ; and
suffering from any An election may be - This exists when
disqualification postponed by the among other
provided by law or the COMELEC either motu similar
Constitution may be proprio or upon a circumstances,
disqualified verified petition by any any of the
 interested party when members do not
Note : Disqualifications there is: possess legal
under sec 12 and 68 of qualifications
the OEC for national a. Violence and
candidates and Section b. Terrorism appointments
40 for local candidates c. Loss or 2. Illegal
Destruction of proceedings of
election the BOC
paraphernalia or - Exists when the
records canvassing is a
d. Force Majeure mere ceremony,
e. Other analogous the results of
causes of such a which are pre
nature that the determined and
holding of a free, manipulated as
orderly and when any of the
honest election following
becomes circumstances
impossible in are present :
any political a. Precipitate
subdivisions canvassing
b. Terrorism
Failure of Elections c. Lack of
sufficient notice
a. The election in to the members
any polling place of the BOC’s
has NOT BEEN d. Improper venue
HELD on the
date fixed on
account of force
majeure,
violence,
terrorism, fraud,
 or other
analogous causes
b. The election in
any polling place
had been
suspended
before the hour
fixed by law for
the closing of the
voting on
account of force
majeure,
violence,
terrorism, fraud,
or other
analogous causes
c. After voting and
during
preparation and
transmission of
the election
returns or in the
custody or
canvass thereof
such election
returns or in the
custody or
canvass thereof
such election
results in a
failure to elect on
account of force
majeure,
 violence,
terrorism, fraud
or other
analogous causes
Substitution Not allowed Allowed
Effect Candidate with the second highest Rule of succession shall
number of votes shall assume office be observed