Professional Documents
Culture Documents
Candidate refers to any person aspiring for an elective public a. Moral turpitude – everything done contrary to justice,
office, who filed a certificate of candidacy by himself or modesty or good morals.
through an accredited political party, aggroupment, or b. Removal from office
coalition of parties and who has not died, withdrawn his c. Conviction by final judgment
certificate of candidacy, had his certificate of candidacy d. Dual citizenship
denied due course or cancelled, or has been otherwise e. Fugitive from justice
disqualified before start of campaign period for which he or f. Permanent residents in a foreign country
she filed his or her certificate of candidacy. g. Insane or feebleminded
h. Ecclesiastics
No person is elected to public office unless he or she is a (1) Disqualification under the Revised Penal Code
Filipino citizen, of (2) sufficient age, (3) resident, (4)
registered as a voter and (5) able to read and write. One who is rendered infamous by conviction of a
felony or other base offense indicative of moral turpitude, is
The public has the right to be informed on the mental, moral unfit to hold public office.
and physical fitness of candidates for public office.
EFFECT OF FILING OF CANDIDACY NUISSANCE CANDIDATE refers to one who files
certificate of candidacy to put election process in mockery or
Purpose is to enable the voters to know the candidates among disrepute or to cause confusion among voters by similarity of
whom they choose and to avoid confusion and inconvenience names of the registered candidates or by other circumstances
in the tabulation of vote cast. 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 prevent faithful
Who may file it? How? determination of the true will of the electorate.
Since its receipt is ministerial, any person may file it DUTIES OF COMELEC
subject to the subsequent determination of constitutional and
statutory qualifications or disqualifications for election. It is The Commission has express, implied and inherent powers. In
filed by the aspirant personally or through a duly authorized performing administrative and quasi-judicial functions, it
representative with a sworn and signed authority to file exercises all such powers and functions expressly vested upon
certificate of candidacy. it by the Constitution and by law.
May a candidate who withdrew be substituted? YES, a Disqualification vs Ineligibility – Disqualification aimed to bar
candidate who withdrew after the last day to file certififcate of an individual from becoming a candidate or from continuing
candidacy may be substituted by a candidate belonging to and as a candidate for public office. Ineligibility refers to lack of
nominated by, the same political party or coalition. qualifications prescribed in the Constitution or the statutes for
holding public office and the purpose of proceedings to
May an independent candidate who withdrew be substituted? declare ineligibility is to remove the incumbent form office.
NO substitute is allowed for any independent candidate.
PETITION FOR DISQUALIFICATION On the date reasonably close to date of election not
held, suspended or which resulted in failure to elect but not
Any registered voter or nay duly registered political later than 30 days cessation of cause of such postponement or
party, may file a petition to disqualify a candidate on ground suspension of election or failure to elect.
the candidate on ground the candidate, in action or protest in
which he is a party, is declared by final decision of a Dissemination of notices for the scheduled special
competent court, guilty of, or found by the Commission to election should be distributed given an ample time and should
suffer from any disqualification provided by law or the not be a one day of notice since it’s insufficient.
Constitution. It is filed any day after the last day to file
certificates of candidacy, but not later than the date of
proclamation. PRE-PROCLAMATION CONTROVERSY
A petition to disqualify a candidate invoking grounds Any question that pertains of affects canvassing proceedings
for petition to deny or cancel certificate of candidacy or which may be raised by any candidate or registered political
petition to declare a candidate as nuisance, or their party or coalition of political parties before the BOC or
combination, is summarily dismissed. directly with the Commission, or any matter raised under
certain sections in the OEC relative to the preparation,
Nature of Proceedings transmission, receipt, custody and appreciation of electoral
returns, as when they are either delayed, lost or destroyed,
A petition for disqualification is subject to summary hearings suffer material defects or discrepancies or appear to be
– administrative and summary in character. The hoary rule is tampered with or falsified.
that due process does not mean prior hearing but only
opportunity to be heard. Technical rules of evidence are not ELECTION PROTEST refers to election contest relating to
rigorously applied in the administrative proceedings. election and returns if elective officials. It proposes to oust
winning candidate from office. It is strictly a contest between
FAILURE OF ELECTION defeated and winning candidates, based on grounds of
electoral fraud and irregularities, to determine who between
Elections only fail when the will of the electorate has them obtained majority of legal votes cast and is entitled to
been muted and cannot be ascertained. If the will of the people hold the office. It can only be filed by a candidate who has
is determinable, the same must as far as possible be respected. duly filed a certificate of candidacy and has been voted for in
the preceding elections.
What fails election?
QUO WARRANTO refers to an election contest relating to
The grounds to declare failure of election are force qualifications of an elective official on ground of ineligibility
majeure, violence, terrorism, fraud, or other analogous causes or disloyalty to the Republic, to unseat ineligible person from
the election in any polling place was not held on the date office, but not to install petitioner in his place.
fixed. These causes may occur before or after casting of votes
or on election days. Ineligibility refers to lack of constitutional or statutory
qualifications to hold public office and the purpose of
Three instances where failure of election may be declared: proceedings to declare ineligibility is to remove the incumbent
from office.
a. Election in any polling place was not held on the
fixed date on account of force majeure, terrorism, Disloyalty is committed by public officers or employees who
fraud, violence, and other analogous causes fail to resist rebellion by all the means in their power, or by
b. Election in any polling place had been suspended continuing to discharge duties of their offices under the
before close of voting on account of force majeure, control of the rebels or by accepting appointment to office
violence, terrorism, fraud and other analogous causes under them.
c. After voting and during preparation and transmission
of election returns or in their custody or canvass, such
election results in failure to elect on account of force
majeure, violence, fraud, terrorism and other
analogous causes.