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    Elec 543

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    of 31
    |. GENERAL PRINCIPLES A. Definitions. 1. _Sufrage: the igh to vote inthe elacon of officers chosen by the people ‘and in the detemination of questions submitted io the pecple. Includes within ts ‘scope: election, plebiscite, intiatve ane referendum. 2. Election:tha means by which the people choose ther cfcialsfora dairite ‘and fied period and to whom they enust fcr the tine being the exercise of fhe ‘powers of govenment. Kinds: 2) gular: one provided by law forthe election of offcers either ration~ wide or in certain subvisions thoreef, ator the expiration ofthe fll torm of tho former offices. 'b)Spacial: ene held tofilla vacancy in ofee before the extirafon of he {ull term for which te incumbent was elacted B. Theories on Suffrage. 1. Natura right theory: Sufrage is aratural and inherent ight ofevery ctizan who is net disqualifed by reason of his own reprchensile conductor unitness. 2. Socal expectancy: Sutrage isa public office or functon conferred upon. the clizen fr reasons of socal expediency; conferred upon those who ere fit and ‘capable of dacharging 3. Tribal teary: itis a necessary attibute of membership inthe State. 4. Feudal theory Itis an adjunct of a particular siats, generaly tenurialin character, Le. a vested pivilege usually accompanying ownership of lard. ‘5. Ethical theory. It's anecessary and essential means forthe development of society. C._Theory prevailing in the Philippines: Sutfrageis both a privilege and an cbigetion. D. Syst0m of oloction adopted in tho Phillppinos: Since 190%, the Australian systam, fist conceived by Francis S. Dutten, a momber of ho Legislature of South Australia. The distinguishing feature of the system is stict ‘secreny in balloing E. Constitutional mandate on Congress [Sec.2, Art. V, Constitution: 1 To provide asystem fr securing the secrecy and sanctiy cf th ball, and for absertoe voing by qualified Fiiinos abroad. 2) Seo. 12, A. A.7166 provides fo: absentee voting, but & applicable onl to the ‘lections forthe Prosidort, Vice Prosidont and Senators, and lnited te mombors ofthe mec Forces of the Philippines and the Philippine National Police and other ‘government offcers and employees who are duly regstered voters and who. on election day. may temporary be assigned in connection with the performance ct election duties to places whee they ae rot registered vols. b) R.A S189 (The Overseas Absentee Voling Act of 2003) addressed the ‘need for averseas Filipinos to be able to vote in Phiippine eleatians. Seo following (Chapter on VOTERS: QUALIFICATION AND REGISTRATION, for more detailed discussion. 2. To design a provedure for the dsabled and the iliteate to vote without the assistance of ner persons. Election poriod, Unless otnorwiso fixocby the Comelocin special cases, tho ‘election period shall commence 90 days before the day of the election and shall ‘end 30 days thereafter /Sec. 9, Art IX-C, Consttuton] |. COMMISSION ON ELECTIONS [See CHAPTER XI, CONSTITUTIONAL LAW] Ill. VOTERS: QUALIFICATION AND REGISTRATION ‘A. Qualifications for suttrage:"Sutrage may be exercised by al ettzane ofthe Phitppines not ofvevise disqualified by lav, who are at least eghieen years of ge. and who shal have resided nthe Philpnnes for at leastone year and inthe ‘place wherein they propose to vote for atleast six montis immediately preceding the election No literacy, propery, or other substantve requirement shall be ‘imposed on the exerase of sutrage (Seo. 1, Ar. ¥, Consttuton}. 1. Any petson who transfers residence to another city, municipality or ‘county solely by teason of his occupation, profession or employment in private or Public service, education, etc., shall not be deemed to have lost his original residence (Sec. 117, BP 881) 2._ In Makalintal v. Comelec, GA. No. 157013, Jly 3, 2008, challenged as Unconstitutional was Sec. (0) of R.A. 9189 (The Overseas Absentee Votng Act ‘of 2003), which provides that among those disqualified to vote iS an immigrant or ‘a permanent resident (ot another county) who Is recognized as such inthe Nost ‘county, unless he’ste executes an affidavit declarng the he’ she shall resume actual, physical, permanentresidencs in the Phiippines nat later than three years {ram approval of his hor registation under the said Act and that he'sho had not applied for ctzenship in another country. On this challenge, the Supreme Court ‘sad thai inasmuch as the essence of RA. 9189 is to eniranchse overseas, ‘ualied Filpinos, the Cour should take holistic view ofthe pertinent provisos ‘ofboth the Constéution and R.A. 9189. The law was eracted in obeisance to the mandate ofthe fist paragraph of Sec. 2, A.V ofthe Constitution, that Congress ‘shall provide a system for voting by quaited Filipinos abroad. It must be sessed that Sec. 2 does not provide for the parameters of the exercise of legsiative ‘authority in enacting said lew. Hence, in the absence of restrictions, Congress is resumed 1o have du exercised its functon as defined in At. VI of the Consitution. a) In his case, the Supreme Court continued by saying that contrary to the claim of petitioner, the execution cf the affidavit tseif is not the enabling or cenfranctising act. The affidavit required is not only proof of the intention of the immigrant or permanent resident to go back and resume residency in the PPhippines, Dut more signifeantly t serves as an expllct expression that he had notin fact abandoned his domicile of origi. It must be emphasized that ‘Sec. 6(@) does not only require an afidavitor a promseto Tesume actual physical permanent residence in the Philippines notlaterthanthtee years from the approval of his her registration”, the Filipino abroad must also decare that they have not applo< for citzonchp in anothor country. Thus, they must rotum to tho Philppinos otherwise, ther failure to retum ‘shall be cause for the removaf" of their names ‘from the National Reoisty of absentee voters ard isthe" permanent ‘discuaification to vote in absent’ B. Disqualifoations [Sec. 118, B.P. 861]: 1. Any parson sentenced by final judgment to sutfer imprisonment for not less ‘than one year (unless granted a plenary pardon or an amnesty); but right &s reacqured upon the expiration of § years after serve of sentence. 2. Any person adjudged by final judgment of having committed any crime volving disloyalty to the govermort or any crime against national security (unless restored to full cvi ard politcal rights in acoorcance with law): but righ i reacqured upon the expiration of 5 years after servioe of sentance. 3. Insane or incompetent persons as declared by competent authority. CC. Regisraton of voters. It shal be the cuty of every citizen to register and cast his vote (Sec. 4, 8 F. 881] In order thata aualfiec elector may vote in any election, plebiscite or referendum, he must be registered inthe Permanent List of Voters for ‘he city ormunicpaity in which he resides [Seo. 115, BP 881), 1. Registration does not confer the right to vote; it ie but a condition precedent to the exercise of the right Registration is 2 reguition, nct 2 ‘quaifcation [Yra v. Abana £2 Phil 280), 2. General Registration of voters. Immediately after tne barangay elections 1h 1997, the existing Certified Ist of voters stall cease tobe affective and operalve, For purposes of the May 1998 electors end all elections, plebiscites, referenda, hritiativas anc recalls cubsoquont thoreto, the Comeloc shall undertake a genorai registration of voters (Seo. 7, R.A, 8189 (The Voters Registration Act of 1$96)] ° 2. System of Continuing Registration The personal fling of application of registration of voters shall be conducted daily in the office of the Election Officer during requar office hours. No registration shall, however, be conducted curing the period starting 120 days before a regular election and 90 days before a special election (Sec. 8 ALA 8189). )_inakbayan Youth v. Comelec, G.A. No. 147066, March 26 2001, the ‘Supreme Court uphed tne acton of ine Comet derying pelltoners' request for ‘wo @) adattional registration days in order to enfranchise more than milion youth between the ages 12-21 who falled to register on or before December 27, 2000 “The law was simply followed by the Comelee, and itis an accepted doctrine in administratve law that the determination of acministraive agencies as to the ‘operation, implementation and appicaton of a law is accorded great weigtt, that these spesialzed government bodies are, by their nature and {unctions, inthe best position to know what they can possibly co or nat do under prevaling circumstances. 4. Disqualifcaton, The same grounds as the disqualifeations for suttrage. 5. IMlterate or disabled voters. Ary iliterate person may register with the assistance of the Election Officer or any member of an sccredited eitzen's arms. ‘The application for registration ot a physicaly alsablea person may be prepared by aly relallve wihin the fourth civil degree of consanguiniy or affinty or by the Eecion Officer or any member of an accrecited ctizen’s arm using the data ‘supplias by the applicant /Seo. 14, R.A. 8180], 6. Election Registaton Board (Seo. 15, RA 8189) There shal bein each ‘ty and municpaiy as many Election Regstaton Eoards as there are election otlcers merein. The Boer shal be composed of te Election Omer as chain, and as members, the publi: Schoo! offical most senior in rank and the local ci Fegitrar, ori is absence, the city oF munisipalireasurer. Nomembr athe Board thalbo relate to oach other orto any incumbent ety or municipal oloatv oficial within the four cil degree of consanguiiy or aff. Ever regisorec party and ‘such organizations as may be authorized by the Commission shall be entitied toa watcnerin every registration beara. 7. Challenges io rghit to regster Sec. 18, FLA. 8189}. Any voter, candidate or representalve of a registered poliical party may challenge in wriing ary application for registration, stating tho grounds therefor. The challonge shall bo lunder oath and attached to the application, together with the proof of notice of hhearng to the challenger and the applicant Oppesitions to contest a registrants application for inclusion in the voters list must, in all cases, be fled not later than ‘the second Monday of te month in which the same is scheduled to be heard or processed by the Election Registration Board. The hearing on the challenge shall be heard on the third Monday of the month and the decision shall be rendered before the end of the month. © 8. Deactivation of Registration [See. 27, R.A. 9199} Tho Board chal deactivate the regstration and remove the registration records cf the as Election Laws persons from the corresponding precinct book of voters and place the same, properly marked and dated in ncelible ink in the inacive fle ater entering the ‘case or causes ot d2actvation: fa] Any person who nas Deen sentence by tal jucgment to suer imprisonment for not less then one year, such disabilly not having been removed by plenary pardon or armesty; Provided, however, that any person dsqualtiec to vote (OscaUse of his) shall automaticaly reaccuire the right {o vols upon expiration of fve years affar service of sentence as certified by the Clerks of cours: [b] any person who has been adjudged by final judgment by 2 ‘competent court or tribunal of taving caused/commited. any crime invoking isloyaly tothe duly consisted government, such as rebelion, sein, viottion ofthe art-subversion and firearms laws, or any crime against rational secuty Unless restores to his ful civil and pottical nghs in accordance wet law, Provided ‘hat he shall regan his rghtto vote automaticaly upon expiration cf five yeas fom ‘service ef sentence; c] any person declared by competent authoiy to be insane ‘or incompstont uniess such Gisqualifcaton has boon cubcoquant removed by 2 eclarainn of a proper authoriy that such person is no longer isan ot incompetent: [] eny person who did not vote in the two suocesswe preceding requiar elections as shown by heir voting records (‘or this purpose, regular ‘elections do not include the Sangguniang Kebaiaan elections); [e] any person hose registraton has been ordered exctuded by he court; and|[f}any person who has lst his Filipino ctizensnip. 8. Reactivation of Registration [Sec 28, A.A. 8169). Any voter whose registration has been deactvated may fie with the Election Officer a swom ‘application for reactivation of his ragistration inthe form of an afidavt stating that the grounds for the deactivation no longer exist any time but not later than 120, days before a regular election and 90 days before a special election, The Election Officer shal submit such application to the Elecion Regstration Board for ‘appropriate action, 10._Freparaton and Fostng of the Cortfed List of Voiers[Sec. 30, RA £8180] Tho Board shal propare and posta corifod lst of voto 00 days before regular election ard 60 days before a special election and furnish copes thereat to he provincial. regional and national central les. Copies othe certitedist along with alist of deactivated votes categorize by precinct per barangay shall aso be posted in the office of the Etecton Otfoer and in the tulltin board of each ‘oty:muniipal ral D. Inclusion and Exclusion proceedings. 1. Common rules governing judicial proceedings in the matter of induson, ‘exclusion and correction of names of voters. Election Lave ct )_Pettion for nctusion, exclusion or correction of names of voters stall be filed during office hours. ) Notice ofthe place, date and time of the hearing cf the pettion srl, te served upon the members ofthe Board and the challenged voter upon fing of the pettion. (©) A;petton shail reter only to one precinct ano shall plead the Board ‘as respondents. )_ No costs shall be assessed agaipst any patty in these proceedings. However, ifthe cout fnds thatthe application has besn fled soley to harass the adverse parly and cause himto incur expenses, it shall order the culpable party to bay the costs and incidental expenses €) Any voter, cancidete or poltical party affected by the proceedings may intervene and present hs evidence. )_The decision shall be based on the evidence presented and in no ‘case rendered upon a stipulation of facts. i the question is whether or not the voter is real or ictious, his non-appearance on the day set for hearing shall be prima facie evidence that the challenged voter is fictitious. g) The petition shall bo hoard and decided within 10 days from the dato of its fling. Cases appeclec to the RTC shall be decided within 10 days from receipt of the appbal. in all cases, the court shall decde these petitions nat later than 15 days before the election and the decision shall become final and executory 2. dutsciction in indusion and exclusion cases [Sec. 38, R.A. 8169), The Muricipal ard Metropolitan Trial Courts shall have orginal and exclusive jurisdiction overall eates of inclusion and exclision of voters in thee respactve cities and municpaltes. Detisins of the Muncinal or Metropolitan Trial Cours may be appealed by the aggrieved party to the Regional Trial Court within fe ‘cays from receipt of notice thereo. Otherwise, seid decision shall beoome final ‘and executor. The RI shal decide the appeal wihin 10 days from the time iis feceved anc the deosion shal immediately Decome tinal and executory. No mmoton for reconsiaeration stall be entertanea. 3. Petitonfor Incusion [Sec. 24, RA. 8189]. Ary person whose anplication ‘or registration has been disapproved by the Board or whose name has been stricken out from the ist may filewith the court a petition to include hisname in the Permanent list of voters in his precinct at any time except 105 days prior to a Tegutar election or 75 days prior to a special election. It shall De supported by a ‘ceftticate of aisapproval or nis application ana proo! of service of notice of his petifon upon the Beard. The pettion shallbe decided within 15 days after its filing. 4. Potion ior Exclusion (Sec. 96, PLA. 8189), Any rogistorod votor, representative ofa poliical party or the Election Offcer, may file with the Ehcton Lam ‘a svtom petition for he exclusion of a vote from the permanert list of voters giving the name, adress and the precinct ofthe challenged voter at any time except 100 ‘ays prior o a requar election or 65 days prior 1 a special election. The petion shal be accompanied by prof of netce tothe Board and othe chalenged voter, ‘and shal be decided within 10 days trom ts fling, E Annulment of Book of Voters [Sec. 39, R.A. 8169]. The Commission shall, ‘pon veriied petition of any vole or election aficer or duly registered poltcal ary, and aner nowce anc nearing, annul any beok ot voters hats not prepared in accordance with the provsions of this lam, or was prepared through fraud, bribery. fergery, impersonation, ininiation, force or any similar regularity, ot hich contains data that are staistealy improbable. No eer, ruling cr dacsion “annuiling a book of voters shall be executed within £0 days before an election. 1, However, tne anuiment ofthe list of votes staf not constitute @ ground for a bre-praclemation contest [Ututalum v. Comelec, 181 SCRA 335} IV. POLITICAL PARTIES ‘A. Patty System. A free anc open party system shall be allowed to evolve according to the free choice ofthe people (Sec. 25), Art IX-C, Constitutor], 1. NoVotes cast n favor ofa politcal party, organization orcoaition shall be valid, except for these registered under the pary-Ist system as provided in the Constitution See. 7, Art IX-C), a) PartvList System The partys system is a mechanism of proportional representation in the electon of representative to the House of Representatives ‘rom national, regional and sactoral parties or organizations or coaitions thereot registered with the Commission on Elections [RA 7941]. 2. Pallical parties registered under the paly-ist system shall be enulled 10 ‘2ppoint poll watchers in accordance with law [Sec. 8, Art. IX-O], 3. Partysst representatives shall constitute 20% of the total number of representativas nthe House of Representatives [Sec 5/2), Art VJ. B Political Parry. 1. Definitens [See R.A 7941 (The Parly-List System Act]. 2) A party means either a poitical party ora sectoral party ora coaltion of partes. 1) Apaincal party reters to an organized group of eitzens acvacating an ‘declogy or platform, principles and policies forthe general conduct of government land which, 28 the most immediate mears of securing thei adoption, reguary ‘nominates certan of is leaders and members as candidates for public office. fis 2 national paty when is constivency is soread over the geographical tertoyy of at least a mejor of the regions. It is a fegonal party when its constituency is spread over the geographical terrtory of at least a marly of the cities and provinces comprsing the regon. ¢) A sectoralpary refers to an organized group ot ettzens belonging 10 ‘any ofthe following sectors: labor, peasant fisherfok, urban poor, rdigenous cultural communities, elderly, hancicaoped, women, youth, veterans, overseas Workers and protessicnals, whose princpal advozacy pertains to the special Interest and concerns oftheir sector. {dA sectoral orgarizaton eters to a group of ctzens or a coalton of groups of ctizens who share similar physical attibutes or characteristic, employment, interests or conoems. ©) A coaliton reters to an aggrupation of duly registered rational, regional, sectoral paties or organizations for political and/or election purposes. 2. Regstation. n order to acquire juridical personality 2s 2 political party, to entitle itto the benefits and privileges granted under the Conesfttion and the laws, and in order to partojpate ni the pany-lsts system, the group must register with ‘me Commission on Elections by ting with he Comelec not later than 90 days before the election a verified petton stating its desire to pattcpate in the party- list system as a national, regional, sectoral party or organization o: a coalition cf such parties or orgarizations, 2) Groups which cannot be registered as political parties: [] religious denominations or sects; i] Tose who Seek to achieve ther goals through violencs oF unlawful means: [il] those wno refuse fo uphold anc achere to tne Constitution; {and [iv] those supported by foreign goveinments (Sec. 2(5), Art!X-O]. »). Grounds for cancelation of registration: ‘Accepting financial contibutions trom foreign gavaraments or ther agencies [Sec 2(5), Art IX-C} Under R.A. 7941, the Comalec may, motu propio or upon a ved complaint ct any interested patty, refuse or cancel, after due notice andhearing, te registration tary national, regional or sectoral party, organization or coaliton, on any othe ‘allowing grounds: {] it is a religious sect or cenominaton, organization or associalon organzed for reighus purposes; lt advocates vilence or unlawful means to seek its gol; i]t sa foreign party or organization; itis receiving fupport fram ary. foreign government, foreign politcal party, foundation, oxganization, whether cirecty oF through any of its officers or members, of indirect through third parts, for parisan election purposes: [vit violates or als to comply with laws, rules or regulations relating to electons; (i]t ceclares Untrthful statements in s petion, [vi] thas ceased to exist fort least one year; and Wil it fails to parcipate in the last two preceding elections, oF fais to obtain atleast 2% ofthe votes cast under the party-list system in the wo preceding éections fer the constituency in which it was registered 3. Nomination of party-ist representatives, eic. Read RA. 7911 Ses Chapter Vill, CONSTITUTIONAL LAW. # 4. Authority of the Commission on Elections. Flowing trom #s constitutional power to enforce and administer all laws and regulations ‘lative to the conduct ofthe election and its power to register and regulate poltical partes, the Commssin on Electons may resove matters ‘escertainment ofthe identty of the politcal perty and its legitimate officers [Laban ‘ng Demokcatkong Pilipino v. Comeleo, G.A. No. 161265, Fetruery 24, 2004). Vv. CANDIDATES; CERTIFICATES OF A. Qualifications. 1. Qualifications prescribed by law are cortinuing requirements and must be possessed for the duration ofthe officer's active tenure. Once any of the required Qualtications is lost, his ttle to the omice may De seasonably challenged. See Frivaldo v. Comeles, 174 SCRA 245; Labo v. Comelec, 178 SCRA 1}. 2. When shud the qualifcation’s be possessed. The Local Government Code does not speciy any particular date when the cancidete must possess Fiipino citizenship. Philippine ctizenship is required to ensure tat no allen shall govern our people. An official begins te govern only upanhispreciamation ard cn {ne day that his tem begins. Since Fivaldo took his oath of aleganoe on June 30, 1996, when his application tor repatration was grartec by te Special ‘Committee on Naturalzation created under PD 625, he was, therefore, quafied to bo proclaimed and to assume cffics. Sec. 39 ofthe Local Government Coco speaks of qualficatons of elective officials, not of candidates. Furthermore, ‘eatriaton retract to the cate of te fing of his appiction (or repetition) on August 17, 1994 [Fivaldov. Comele, 267 SCRA 727, B. Disquaitications. 1. Under the Omnibus Electon Code [B.P. 881): '2) Declared as incompetent or insane by competent authority b) Sentenced by final judgment for subversion, insurrection, rebellion or ary offense for which he has been sentenced to a penally of more than 18 months ‘imprisonment. ©) Sentenced by tinal juagment for a cme involving moral turpitude. i) In Vilaber v. Comelea GF. No. 148326, November 18 2001, it was held that violation of Batas Pambansa No. 22 isa crime involving moral turpitude. because the accused knows atthe time of the issuance ofthe check that he does rot have suficient funds i, or crect with, the drawee bark for the payment ofthe ‘check in tull upon presentment. A conviction thereot shows that the accused Is guilty of deceit, anc certainly relates to and affecis te good moral ciaracter ofthe petson. Violation of the Ant-Fencing Law involves moral tupitude, and ‘he only legal eftect of probation is to suspend the implemertaton of the sentence. ‘Thus, the disquaifcation sill subsisis (De la Torre v. Comelec, 258 SCRA 483}. This is modified by Moreno v. Comelec, ina. )_ Any person who is a permanent resident of or an immicrant to a foreign country (unless he has waived hs status es suct) [Sec 68 BP. 881]. See Casi v Comeles, 191 SCRA 229, where the Supreme Court sad that a ‘green Cara’ Is ample proof that the hoWder thereot Is a permanent resigent of, or an immigrant o, he United States. 2.__Under the Local Government Code [Sec. 40, FLA. 7160: Applicable to candidates for local elective ofice only: 2) Those sentenced by final udgent for an offense punishable by one year or more'of imprisoament, within two years after serving sentence. i) Even if the candidate is under probation, the disqualification stil, ‘subsists, because the effect of the probation is only tosuspendthe implementaton Of the sentence [Dela Torre v. Gomelec, supra]. This S modified ty Moreno v. Comelec, GA. No. 168550, AUgUST 10 2006, whete the Supreme Court, citng acayon ¥. Mutia, sald that probation is not 2 sentence but is rather In effect, a ‘suspension of the imposition of the sentence. The grant of probason to petitioner ‘suspended the imposition ofthe principal penalty of imprisonment, 2s well asthe ‘accessory penalties of suspension from public ofice and from the right to follow a Profession or caling, and that of perpetual special disqualifcaton from the ight of suffrage. Thus, during the period of probation, the protationer is not disqualified {om running for a public office because the accessory peralty of disqualifcaton ‘om public ofice is put on hod for he duration of the probation. Furthermore, in ‘me case of Moreno, the trial court nad aireagy Issued an order tially lscharging him, and under Seo. 16 of the Provaton Law, the final discharge of the probationer ‘shall operate fo restore to him all civil ighis lost or suspended as a result of his ‘conviction, and to fuly discharge his iabilty for any fine imposed as to the cffonso {or which the probation was granted. ») Those removed trom office as a result of an administratve case, i) In Grego v. Comelec, G.A No. 125955, June 19, 1997, itwas held that ‘an lective local official who was removed trom cffice as a result of an ‘administrative case prior to January 1, 1992 (the date of effect of the Local Government Code). is not disqualified from running for an elective local public office, because Sec. 40 of the Local Government Code cannot be given retroactive effect. ee Electon Law i) In Reyes v. Comeles, 254 SCRA 514, the Supreme Court ruled that the pettioner, a Municpal Mayor wno had been ordered removed trom oft by the Snggunian Panlelawigan, wes isqualiied, even as he alleged that the decision was not yet firal because he had not yet received a copy of the decision, inasmuch as t was shown that ha merely refused to accept dalivary of the copy of the decision. c) Those convicted by inal usgment for violating the oath of allegiance to the epubic of the Pruippnes. @) Those with dual citizenship. Din Mercado v. Manzano, 307 SCRA 630, reterated in Valles ¥. Comelec, GR. Na. 137000, August 09, 2000, he Supreme Courtcianfed the “dual ‘ttzensnip" oSqualnicaton and reconciled the same win Seo. 5, ATL IV of me CConsitton on “dual alegance”. Recognizing siuaions in which a Filipino citizen ‘may, without perferming ary act and as an rwvoluntary consequence of the conflicting laws of cffrent counties, be also a citizen of another State, the Court exBained that “tual ctizenship” as a disqualification must refer to cfizens with “dual alegiance’. Consequently, persons wih mete cual cizenship do no! fal unger the disquaifcation 1 Furermore, for candidates wit qual citzenstip, ts enough that they elect Philippine ctizenship upon the fling oftheir certificate of candidacy to torminate thor status as porsons with dual citzenship. Tho fing ofa cortfica’e of cantidacy suffices to renounce foreign citzenship, efecivey removing any Aisqvaiicain 2s cual citzen. This is $0, because inthe ertficate of candidacy. ‘one declares thet he isa Filipino ctizen, and that he wll support and defend the Constitution and will maintain true faith and allegiance fo the same. Such ) Accordingly, the Comelec may not, by itself, without proper proceedings, deny dus course to or cancel certificate of candidacy fled in due ‘om. Seo, 78, B.P. 861, whicn teats ct a pettion to deny due course to or cance! ‘a cerificate of candidacy on the ground that ary material representation therein is ‘ao, roquiss that the candidato must be notified of tho pation againct him, an he should be given the opportunity to present evidence in his behalf [Cipviano v. Comelec, GR. No. 158830, August 10. 2004]. 7. Instances when the Comelec may go beyond the face ofthe certificate of canaiaacy: a) Nuisance candidates [R.A. 6246]. The Comelec may, motu propia, ot upon vertied petition of an interested party retuse to give due course to or cance! ‘ certificate of candidacy i itis shown thet the said cetficate was fled: () To put the electon process i mockery or disrepute; (I) To cause confusion among the veters by the similarty ofthe names of the registered candidates; or (i) By other ‘crcumstancas or acts which cleany demonstrate that ine canalate nas no bona fice intention to run for the ofice for which the certicate has been fleg, and tus provent a faithful determination ofthe ire wil ofthe electorat. i) The prociamation of the winning candidate renders moot and ‘academic a mation for reconsideration filed by a candidate who had been earlier ectared by the Comelecto be a nuisance candidate [Garcia v. Comelec G RNo. 121139, JUY 12, 1996}. >) Paton to deny due course or fo cancel a certifoate of candidacy. A verified pattion may be fled exclusively on the ground that any materia) represertation contained in the cerificate as required under Sec. 74is false. The petition may be fied not later then 25 days from the time of the filng of the certificate of candidacy, and shall be decided, after due notice and hearing, not later than 16 days before ine election /Sec. 78, B.P. 881]. 1)_Juristicson over a petiion to cancel a certificate of candiacy ‘ies win me Gomelec n avision, not wn te Gomelec en banc aria v. Sales, GA. No. 122672, September 10, 1997], To dery due course oF 1 cancel a catticate of candidacy ental the exercise by the Comelec of its quasi juccal, rot simpy is administrative, powors. Honco, the Court may only compel tho Comelecto exercise is dscrstion andresoWve the matter butt may not contol the ‘menner cf exercising such discretion Quzon v. Comelec, 6 No, 17927, February 15, 2008), {In Vilatery. Comeleo, @.R. No. 148828, November 18, 2001, respondent Douglas Cagas fisd a patton for the cancelation of petitioners caticate of candidasy on the ground that the later made a false material representation in his cetiicate when he said that he is “elighle forthe office ‘sought to be elected to" since he had been convicted of wotating BP. 22, crime involving moral turpitude. InLoong v. Comelec, 216 SCRA 760, it was hald that the petition for the cancelation of the cerificate of candidacy of Loong for alleged ‘misrepresentation as to his age, filed by Ututalum beyond the 25-day period trom the last day for fling certiicates of candidacy cannot be given due course. Neither tbe treated as a quo warranto patton Sinos there fas been no proclamation yet. The ruling in Frivalco v. Comelec cannot be Invoked, because Mn the later ‘case, the ground for disquaification was citzenship. [AS pointed out by Justice ‘Gutiorez in his concurring opinion, whoro tho disqualification is basod on ago, residence, or any of the otter grounds for inoligbilty, the prescriptive period ‘shoul be arplied strict.) \w) A facsimile of a pettion for alsquaiication Is not a genuine pleading; it's not sanctioned by the Comelec ules of Procedure. Thus, the ‘Comelec should not have acted on #, but should have awaited receipt of the original pation filed through registered mail [Garvida v. Sales, 271 SCRA 767]. 0) Filing ofa aisqualfcation case on any of the grounds enumerated in Sec. 68, BP. 881.4 i) The jurisdiction ofthe Comelec to dsqualiy candidates is limited to those enumerated in Seo. 68, BP. 881. All other elzcton offenses are beyond the ambit of the Gomelec jurisdiction. They are ‘criminal and not adninistative in nature, and the power of the Comelec ‘over such cases is corfined tothe conduct of pralimnary investigation on the alleged election offense for the purpose of prosecuting tha alleged offenders before the courts of justice (Couila v. Comalec. GR. No. 150605, December 10, 2004), i) Under Section 2, Comelec Resolution No. 2060, the Comelec i mandaied to dismiss a complaint forthe disqualification of a candidate who has bboen charged with an lection ffense but who has already been proclaimed as ‘tre winner by the Municipal Board of Canvascors. In this case, tho potitonors had ateady been proclaimed winners on May 18, 2001, and the private respondents. fled thei complaint for the dsqvaification of pettoners only on June 23,2001. ‘The Comelec found probable cause against the petitoners forthe offense charged, and drecied its Law Deparment to fle the appropiate Information. ‘Geary, tnen, the Comelec commited grave abuse of dscretion amounting to iack ‘or exCess of jurisdiction when it issued the assailed resolution alsqualiying the pettioners from the postions they were respectively elected to /Albana v. Comelec, G.R. No. 163802, uly 23, 2004, 8. Effect of afsqualifcaton case. Any candidate who has been daclared by {inal judgment to be cisqualiiad shall rot be voted for, and the votes cast for him ‘hall nat be counted. Itior any reason a candiate snot dectared by nal judgment ‘before an election fo be Uisqualliad and he Is voted for and receives the winning umber of ates in such election, the Court or Commission shall continue with the ‘rial and nearing of tho action, inquiry or protest and, ypon motion of tho ‘complainant or any intewenor, may during the pendency thereot order the suspersion of the prociamation of such cancidete whenever the evidence of his ‘guillis strong (Sec. 6, R.A. 6646), 1@)_ Note thal the Comelec can suspend proclamation only when ‘evidence of the winning candidate's quit is stong [Coctla v. Comelec, supra). 1b) The use of tne word “may” Indicates that the suspension of the prociamaton is merely permissive. If the Comelec dees net find any sufficient ‘ground to suspend proclamation, thon a proclamation may be made [Grego v. Comelec, 274 SCRA 431] (©)_ Where the decision ofthe Cometec disqualifying the candidate isnot yet tna! ana executory on election day, he Boald cf Electon inspectors (SE, in ‘he exercise of is ministerial duty, is under obligation to count and tly the votes ‘ast in favor ofthe candidate [Papancayan v. Comelec, G.A. No. 147909, Apr 16, 2002}, d)_In Ortega v. Cometec, 211 SCRA 297, companion case to Labo ¥. Cometec, the Supreme Court held that itis incorrect to argue that sinos a ‘candidate nas been clsquaiied, tne voles intended forthe aisqualited candidate should, in effect, be considered null and void. This woul amount to sisentranchising the electorate in whom sovereignty resides, x xx The tule woulc have been diferent the electorate uly aware intact andin law of a Candidates cisauaifcation, so as to bing such anareness wii the realm of notoriety, would nonetheless cast their votes in favor ofthe insligbe candidate. In ‘such case, the electorate may be said to have waived the valdty and effcacy of {her votes by notorously misapoying thet franchise or throwing away thet votes, in which case the eligble candidate obtaining the next hghest number of votes may be deemed elected. [Note thet in this case, the Comelec resolution ‘isquaityng Labo rac not yet become final on te day of the etecton] This was rellerated in Aquino v. Comelec, 268 SCRA 400, whe'e tne Supreme Coun said tat if Aquino were disqualified before the elections, the votes for him, given the ‘acrimony which attended the campaign, would nct have automaticaly gone to secand-placer Syjuco. The same tule wes applied in Nolasco v. Cometea. 275 ‘SCRA 762, Sunga v. Comelec, 288 SCRA 76, and Codil v. Comes, supra. ©) _In Aznar v. Gomelec, 185 SOFA 703, it was held that a pettion for

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