election of public officers
SEC 12 BP 881 (Omnibus Election Code) -Disqualifications
(a) Those sentenced by final judgment for an offense involving moral
turpitude or for an offense punishable by one (1) year or more of
imprisonment, within two (2) years after serving sentence;
(a) for any offense for which he has been sentenced to a penalty of more than eighteen months or for a crime involving moral turpitude
(b) Those removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violating the oath of allegiance to the Republic;
(c) has been declared by competent authority insane or incompetent, or has been sentenced by final judgment for subversion, insurrection, rebellion (d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-political cases here or abroad;
(f) 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;
(f) SEC 68 - Any 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 said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the
residence requirement provided for in the election laws.
(g) The insane or feeble-minded (g) Any person who has been declared by competent authority insane or incompetent
CHAPTER 5 CANDIDACY Candidate?
Any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties. (Sec. 79, BP 881)
Certificate of Candidacy (COC) ?
Sworn document required to be filed by a person in order to be eligible for any elective public office.
Contents of a COC? (Sec. 74, BP 881)
The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office;
If for Member of Batasang Pambansa
o the province, including its component cities, highly urbanized city or district or sector which he seeks to represent;
o the political party to which he belongs;
o civil status;
o his date of birth;
o residence;
o his post office address for all election purposes;
o his profession or occupation;
o that he will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto;
o that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities;
o that he is not a permanent resident or immigrant to a foreign country;
that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and
o that the facts stated in the certificate of candidacy are true to the best of his knowledge.
Administrative Law & Election Law (Atty Gallant
Unless a candidate has officially changed his name through a court approved proceeding, a certificate shall use in a certificate of candidacy the name by which he has been baptized.
Not baptized in any church or religion? - name registered in the office of the local civil registrar or any other name allowed under the provisions of existing law In case of a Muslim? - Hadji name after performing the prescribed religious pilgrimage:
Two or more candidates for an office with the same name and surname?
Each candidate, upon being made aware or 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. He may also include one nickname or stage name by which he is generally or popularly known in the locality.
The person filing a certificate of candidacy shall also affix his latest photograph, passport size; a statement in duplicate containing his bio-data and program of government not exceeding one hundred words, if he so desires.
Requisite for Eligibility; Rules (Sec. 73, BP 881)
No person shall be eligible for any elective public office unless he files a sworn certificate of candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath.
No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them.
However, before the expiration of the period for the filing of certificates of candidacy, the person who was 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 offices.
The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.
Cases:
Doctrines
De Guzman “….. after the people have expressed their will honestly,
v. Board of Canvassers 48 Phil 211
the result of the election cannot be defeated by the fact that the respondent who was certified by the provincial secretary to be a legal candidate for the office of provincial governor, has not sworn to his certificate of candidacy.”
Formal defects in the certificate of candidacy. While the certificate of candidacy is required to be under oath, the election of the candidate cannot be annulled on the sole ground of formal defects in the certificate, such as lack of the required oath.
Jurilla v.
COMELEC G.R. No.
105436, June 2, 1994
“…..Sec. 39, par. (a), of the Local Government Code of 1991, earlier quoted, that the law does not specifically require that the candidate must state in his certificate of candidacy his Precinct Number and the Barangay where he is registered. Apparently, it is enough that he is actually registered as a voter in the precinct where he intends to vote, which should be within the district where he is running for office.”
The omission by a candidate to indicate in his certificate of candidacy his precinct number and particular barangay where he is a registered voter, is not sufficient ground to disqualify the candidate, because the Local Gov’t Code does not require these data to be indicated in the certificate. It is enough that he is actually registered as a voter in the precinct where he intends to vote, which should be within the district where he is running for office.
Effects of filing a certificate of candidacy
Candidates holding appointive office or positions. - Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and 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. (Sec 66, BP 881)
Candidates holding elective office. - Any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. (Sec 67, BP 881)
Administrative Law & Election Law (Atty Gallant
Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall effect only upon that start of the aforesaid campaign period: Provided, finally, That any person holding a public appointive office or position, including active members of the armed forces, and officers, and employees in government-owned or-controlled corporations, shall be considered ipso factor resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certification of candidacy. (Sec 13, RA 9369, amending Sec 11 of RA 8436)
Cases:
Doctrines
PNOC