ELECTION LAW

Political Law Review

SUFFRAGE
Suffrage is the right and obligation of
qualified citizens to vote in the
election of certain local and national
officers and in the determination of
questions submitted to the people. It
includes within its scope election,
plebiscite, initiative and referendum
(Nachura, 2014).
LIMITATIONONTHE EXERCISEOFTHE RIGHTOF
SUFFRAGE
The exercise of the right of suffrage is
subject to existing substantive and
procedural requirements embodied in the
Constitution, statute books, and other
repositories of law (Akbayan-Youth v.
COMELEC, G.R. No. 147066, March 26,
2001).
SCOPEOF SUFFRAGE
1. Plebiscite – The electoral process by which
an initiative on the Constitution is approved
or rejected by the people. It may also involve
the creation of provinces, cities,
municipalities or barangays.
2. Initiative - The power of the people to
propose amendments to the
Constitution or to propose and enact
legislations through election called for
the purpose. [R.A. 6735, The Initiative
and Referendum Act, Sec. 3(a)].
Note: Refer to Section 2, Article XVII if it
involves amending the Constitution.
SCOPE OF SUFFRAGE
Initiative may therefore cover the following
exercises:
a. Initiative on the Constitution;
b. Initiative on statutes; or
c. Initiative on local legislation.
SCOPEOF SUFFRAGE

3. Referendum – The power of the

electorate to approve or reject a piece
of legislation through an election
called for the purpose.
i. Referendum on statutes; or
ii. Referendum on local laws.
4. Recall – The mode of removal of an
elective public officer by the people
before the end of his term of office.
ELECTION
Election is the means by which people
choose their officials for a definite and
fixed period and to whom they entrust for
the time being the exercise of the powers
of government (Nachura, 2014).
COMPONENTS OF AN ELECTION
1. Choosing or selecting candidates to
public office by popular vote;
2. Holding of electoral campaign;
3. Conducting of the polls;
4. Listing of voters;
5. Casting and receiving the ballots from
the voters;
6. Counting the votes cast in the ballots;
7. Completing the election returns; and
8. Proclaiming the winning candidates.
KINDS OF ELECTION
1. Regular election – It is an election participated
in by those who possess the right of suffrage,
not otherwise disqualified by law, and is a
registered voter. The date of election is fixed
by the Constitution or by statute.
2. Special election – It is held when there is
failure of election on the scheduled date of
regular election in a particular place or to fill a
vacancy in office before the expiration of the
term for which the incumbent was elected. To
fill up a vacancy, a special law is passed which
appropriates funds for the purpose.
3. Recall election – It is held for elective local
officials on ground of loss of confidence. There
must an appropriation for this election activity.
RULES ON CONSTRUCTION OF
ELECTION LAWS
Laws for conduct of elections
Before the election: Mandatory
After the election: Directory
Laws for
¢ Candidates: Mandatory and strictly
construed
¢ Procedural rules: Liberally
construed in favor of ascertaining
the will of the electorate
ELECTION PERIOD
General Rule:
The period of election starts from 90 days
before and ends 30 days after the
election date pursuant to Section 9,
Article IX-C of the Constitution and
Section 3 of B.P. 881, otherwise known
as the Omnibus Election Code (OEC).
ELECTION PERIOD
Exception to the General Rule:
The COMELEC is not precluded from
setting a period different from that
provided thereunder (Aquino v.
COMELEC, G.R. No. 211789-90,
March 17, 2015).
If the COMELEC fixes a different
period, it must support it with
justifiable reason.
QUALIFICATIONS AND DISQUALIFICATIONS
OF VOTERS

Qualifications for the exercise of suffrage

1. Filipino citizenship;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year;
4. Resident of the place where he proposes to
vote for at least six months immediately
preceding the election; and
5. Not otherwise disqualified by law (Art. V, 1987
Constitution, Sec. 1).
RESIDENCEAND DOMICILE

In election cases, the Court treats

domicile and residence as synonymous
terms. Both import not only an
intention to reside in a fixed place but
also personal presence in that place,
coupled with conduct indicative of such
intention (Pundaodaya v. COMELEC,
G.R. No. 179313, September 17, 2009).
EFFECTON TRANSFEROF RESIDENCE
Any person, who transfers residence solely
by reason of his occupation, profession or
employment in private or public service,
education, etc., shall not be deemed to
have lost his original residence [OEC, Art.
XII, Sec. 117(2); Asistio v. Aguirre, G.R. No.
191124, April 27, 2010].
PROOF REQUIRED TO ESTABLISH RESIDENCE
To establish a new domicile of choice,
personal presence in the place must be
coupled with conduct indicative of this
intention. It requires not only such
bodily presence in that place but also a
declared and probable intent to make it
one’s fixed and permanent place of
abode (Jalover v. de la Pena, G.R. No.
209286, September 23, 2014).
DISQUALIFICATIONS FOR THE EXERCISE
OF THE RIGHT OF SUFFRAGE
1. Sentenced by final judgment to suffer
imprisonment for not less than one year, unless
granted a plenary pardon or granted
amnesty;
2. Conviction by final judgment of any of the
following:
a. Crime involving disloyalty to the government;
b. Violation against national security; or
c. Firearms laws.
3. Insanity or incompetence as declared by
competent authority (OEC, Art. XII, Sec. 118)
 REGISTRATION OF VOTERS
Registration is the act of accomplishing and
filing a sworn application for registration by
a qualified voter before the election officer of
the city or municipality wherein he resides
and including the same in the book of
registered voters upon approval by the
Election Registration Board [RA. 8189,
Voter’s Registration Act of 1996, Sec. 3(a)].
It does not confer the right to vote; it is but a
condition precedent to the exercise of the
right. Registration is a regulation, not a
qualification (Yra v. Abano, G.R. No. 30187,
November 5, 1928).
TYPES OF REGISTRATION OF VOTERS
1. Continuing; and
2. Computerized.
System of continuing registration : It is a
system where the application of registration
of voters shall be conducted daily in the office
hours of the election officer during regular
office hours.
No registration shall be conducted during the
period starting 120 days before a regular
election and 90 days before a special election
(R.A. 8189, Sec. 8).
RIGHT OF SUFFRAGE OF OVERSEAS FILIPINOS

The process by which qualified citizens of the

Philippines abroad exercise their right to vote
[R.A. 10590, Sec. 3(k), amending R.A. 9189,
Sec. 3].
1. Coverage: Qualified citizens of the
Philippines may vote for President, Vice-
President, Senators and Party-List
Representatives, as well as in all national
referenda and plebiscites (R.A. 10590, Sec. 4,
amending R.A. 9189).
RIGHT OF SUFFRAGE OF
OVERSEAS FILIPINOS

2. Qualifications:
a. Filipino citizens abroad;
b. At least 18 years of age on the day of
elections.; and
c. Not otherwise disqualified by law.
RIGHT OF SUFFRAGE OF OVERSEAS FILIPINOS
Disqualifications:
a. Those who have lost their Filipino
citizenship in accordance with
Philippine laws;
b. Those who have expressly renounced
their Philippine citizenship and who
have pledged allegiance to a foreign
country, except those who have
reacquired or retained their Philippine
citizenship under R.A. 9225;
 RIGHT OF SUFFRAGE OF OVERSEAS FILIPINOS

c. Those who have committed and are convicted

in a final judgment by a Philippine court or
tribunal of an offense punishable by
imprisonment of not less than one year, such
disability not having been removed by plenary
pardon or amnesty: Provided, however, that
any person disqualified to vote under this
subsection shall automatically acquire the
right to vote upon the expiration of five years
after service of sentence; and
RIGHT OF SUFFRAGE OF
OVERSEAS FILIPINOS
d. Any citizen of the Philippines abroad
previously declared insane or
incompetent by competent authority in
the Philippines or abroad, as verified by
the Philippine embassies, consulates or
Foreign Service establishments concerned,
unless such competent authority
subsequently certifies that such person is
no longer insane or incompetent (R.A.
10590, Sec. 5, amending R.A. 9189).
 LOCAL ABSENTEE VOTING
This refers to a system of voting whereby
government officials and employees, including
members of the Armed Forces of the
Philippines (AFP), and the Philippine National
Police (PNP) as well as members of the media,
media practitioners including their technical
and support staff (media voters) who are duly
registered voters, are allowed to vote for the
national positions in places where they are not
registered voters but where they are
temporarily assigned to perform election duties
on election day [COMELEC Resolution 9637,
Sec. 1(a), 13 February 2013.]
VOTING BY MAIL

Voting by mail
Voting by mail may be allowed in
countries that satisfy the following
conditions:
1. Where the mailing system is fairly
well-developed and secure to
prevent the occasion of fraud;
VOTING BY MAIL
2. Where there exists a technically established
identification system that would preclude
multiple or proxy voting; and
3. Where the system of reception and custody of
mailed ballots in the embassies,
consulates and other foreign service
establishments concerned are adequate
and well-secured (RA 9189, Sec. 17.1).
INCLUSION AND EXCLUSION
PROCEEDINGS
Inclusion Proceedings
Any person whose application for
registration has been disapproved by the
Board or whose name has been stricken
out from the list may file with the court
a petition to include his name in the
permanent list of voters in his precinct
at any time except 105 days prior to a
regular election or 75 days prior to
a special election.
INCLUSION AND EXCLUSION
PROCEEDINGS
Exclusion Proceedings
Any registered voter, representative of a
political party or the Election Officer, may file
with the court a sworn petition for the
exclusion of a voter from the permanent list
of voters giving the name, address and the
precinct of the challenged voter at any time
except 100 days prior to a regular
election or 65 days before special
election.
INCLUSION AND EXCLUSION
PROCEEDINGS
Jurisdiction
1. MTC – original and exclusive;
2. RTC – appellate jurisdiction; and
3. SC – appellate jurisdiction over RTC
on question of law. Otherwise, the
decision of the RTC is final and
becomes immediately executory.
Note: The right to vote is matter for
judicial determination in inclusion
and exclusion proceedings.
POLITICAL PARTIES
A political party is any organized group of
citizens advocating an ideology or
platform, principles, and policies for the
general conduct of government and includes
its branches and divisions (OEC, Sec.6).
To acquire juridical personality, qualify for
accreditation, and to be entitled to the
rights of political parties, a political party
must be registered with the COMELEC.
 JURISDICTION OF COMELEC OVER
POLITICAL PARTIES
Art. IX-C of the Constitution, Sec. 2(5) grants the
Commission the power to register political
parties. It also has the power to require
candidates to specify in their certificates of
candidacy their political affiliation, allow
political parties to appoint watchers, limit their
expenditures, and determine whether their
registrations should be cancelled in
appropriate proceedings. These powers
necessarily include the jurisdiction to resolve
issues of political leadership in a political
party, and to ascertain the identity of political
party and its legitimate officers (Palmares v.
COMELEC, G.R. No. 86177, August. 31, 1989).
KINDS OF PARTIES
1. National party – It means that their
constituency is spread over the geographical
territory of at least a majority of the regions;
2. Regional party – It denotes that their
constituency is spread over the geographical
territory of at least a majority of the cities and
provinces comprising the region; or
3. Sectoral party – It refers to an organized group
of citizens belonging to any of the following
sectors: labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, elderly,
handicapped, women, youth, veterans,
overseas workers, and professionals whose
principal advocacy pertains to the special
interests and concerns of their sector.
REGISTRATION OF POLITICAL PARTIES
Any organized group of persons may register as a
party, organization or coalition for purposes of
the party-list system by filing with the
COMELEC not later than 90 days before the
election a petition verified by its President or
Secretary stating its desire to participate in the
party-list system as a national, regional, or
sectoral party or organization or a coalition of
such parties or organizations, attaching thereto
its constitutions, by-laws, platform or program
of government, list of officers, coalition
agreement and other relevant information
(R.A. 7941, Sec. 5)
GROUNDS FOR CANCELLATION OF
REGISTRATION OF POLITICAL PARTIES

1. Receiving support from any foreign

government, foreign political party,
foundation, organization, whether directly or
through any of its officers or members or
indirectly through third parties for partisan
election purposes;
2. Violates or fails to comply with laws, rules or
regulations relating to elections;
GROUNDS FOR CANCELLATION OF
REGISTRATION OF POLITICAL PARTIES

3. Declares untruthful statements in its

petition;
4. Ceased to exist for at least one year;
or
5. Fails to participate in the last two
preceding elections or fails to obtain
at least 2% of the votes cast under
the party-list system in the two
preceding elections for the constituency
in which it has registered (R.A. 7941,
Sec. 6).
 CANDIDACY
A candidate refers to any person aspiring for or
seeking an elective public office, who has filed
a CoC by himself or through an accredited
political party, aggroupment or coalition of
parties [OEC, Sec. 79(a)].
Any person may thus file a Certificate of
Candidacy (CoC) on any day within the
prescribed period for filing a CoC, yet that
person shall be considered a candidate, for
purposes of determining one’s possible
violations of election laws, only during the
campaign period (Penera v. COMELEC, G.R.
No. 181613, November 25, 2009; R.A. 9369,
Poll Automation Law, Sec. 15).
QUALIFICATIONS AND DISQUALIFICATIONS
Qualifications of Candidates
I. National level
A. For President and Vice-President
1. Natural-born citizen;
2. At least 40 years old on the day of the election;
3. Able to read and write;
4. Registered voter; and
5. Resident of the Philippines for at least 10
years immediately preceding the day of the
election (1987 Constitution, Art. VII, Sections 2
and 3).
QUALIFICATIONS AND DISQUALIFICATIONS
B. For Senator
1. Natural-born citizen;
2. At least 35 years old on the day of the
election;
3. Able to read and write;
4. Registered voter; and
5. Resident of the Philippines for not less than
two years immediately preceding the day of
the election (1987 Constitution, Art. VI, Sec.
3).
QUALIFICATIONS AND DISQUALIFICATIONS
II. Local level
A. For District Representatives
1. Natural-born citizen;
2. Registered voter in the district in which he
shall be elected;
3. Resident of the same district for a period not
less than one year immediately preceding the
day of the election;
4. Able to read and write; and
5. At least 25 years old on the day of the
election (1987 Constitution, Art. VI, Sec. 6).
QUALIFICATIONS AND DISQUALIFICATIONS
B. For Governor, Vice Governor, Mayor, Vice-
Mayor, Punong Barangay and Sangguniang
Members
1. Citizen of the Philippines;
2. Registered voter in the barangay,
municipality, city, or province or, in the case
of a member of the Sangguniang
Panlalawigan, Sangguniang
Panlungsod, or Sangguniang Bayan, the
district where he intends to be elected;
QUALIFICATIONS AND DISQUALIFICATIONS
3. Resident therein for at least one year
immediately preceding the day of the
election; and
4. Able to read and write Filipino or any
other local language or dialect
(R.A. 7160 Local Government Code of the
Philippines, Sec. 39).
QUALIFICATIONS AND DISQUALIFICATIONS
Congress may not add to qualifications for
elective officials provided in the
Constitution; and
Qualifications prescribed by law are
continuing requirements and must be
possessed for the duration of the officer’s
active tenure (Frivaldo v. COMELECG.R. No.
87193, June 23, 1989).
QUALIFICATIONS AND DISQUALIFICATIONS
Grounds for Disqualification
1. Declared as incompetent or insane by
competent authority;
2. Convicted by final judgment for
subversion, insurrection, rebellion, or any
offense for which he has been sentenced to
a penalty of 18 months imprisonment;
3. Convicted by final judgment for a crime
involving moral turpitude;
4. Election offenses under Sec. 261 of the
OEC;
QUALIFICATIONS AND DISQUALIFICATIONS
5. Committing acts of terrorism to enhance
candidacy;
6. Spending in his election campaign an
amount in excess of that allowed;
7. Soliciting, receiving, or making prohibited
contributions;
8. Not possessing qualifications and
possessing disqualifications under the Local
Government Code;
QUALIFICATIONS AND DISQUALIFICATIONS
9. Sentenced by final judgment for an
offense involving moral turpitude or for
an offense punishable by one year or
more of imprisonment within two years
after serving sentence;
10. Removed from office as a result of an
administrative case;
11. Convicted by final judgment for
violating the oath of allegiance to the
Republic;
QUALIFICATIONS AND DISQUALIFICATIONS
12. Dual citizenship (more specifically, dual
allegiance)
13. Fugitives from justice in criminal or non-
political cases here or abroad;
14. Permanent residents in a foreign country or
those who have acquired the right to reside
abroad and
continue to avail of the same right;
QUALIFICATIONS AND DISQUALIFICATIONS

15. Insane or feeble-minded;

16. Nuisance candidate;
17. Violation of Sec. 73 of the OEC
with regard to Certificate of
Candidacy; or
18. Violation of Sec. 78 of the OEC
on material misrepresentation in the
Certificate of Candidacy
QUALIFICATIONS AND DISQUALIFICATIONS
Effect of an unsworn renunciation of
foreign citizenship
Failure to renounce foreign citizenship in
accordance with the exact tenor of Sec. 5(2)
of R.A. 9225 renders a dual citizen ineligible
to run for and thus hold any elective public
office (Sobejana-Condon v. COMELEC, G.R.
No. 198742, August 10, 2012).
FILING OF CERTIFICATES OF CANDIDACY

Effect of filing of Certificate of Candidacy

No person shall be eligible for any elective
public office unless he files a sworn
certificate of candidacy within the period
fixed herein (OEC, Sec. 73).
The certificate of candidacy shall be filed by
the candidate personally or by his duly
authorized representative at any day
from the commencement of the election
period but not later than the day before
the beginning of the campaign period.
FILING OF CERTIFICATES OF
CANDIDACY
In cases of postponement or failure of election, no
additional certificate of candidacy shall be
accepted except in cases of substitution of
candidates (Sec. 75 OEC,).
ACoCis best proof of candidate’s statutory
eligibility to be elected for an elective post. It is
the document which formally accords upon a
person the status of a candidate (Tagolino v.
HRET and Lucy Torres-Gomez, G.R. No.
202202, March 19. 2013).
FILING OF CERTIFICATES OF
CANDIDACY
A Certificate of Candidacy may be amended
before the elections, even after the date
of its filing.
Provisions of the election law on certificates
of candidacy are mandatory in terms.
However, after the elections, they are
regarded as directory so as to give effect to
the will of the electorate (Saya-Ang Sr. v.
COMELEC, G.R. No. 155087, November 28,
2003).
EFFECT OF FILING OF CERTIFICATES
OF CANDIDACY UPON ELECTIVE AND
APPOINTIVE OFFICIALS
General Rule: An appointive official is deemed
resigned upon filing of COC while an elective
official may continue to serve until the end of
his terms .
Substantial distinctions clearly exist between
elective officials and appointive officials. The
former occupy their office by virtue of the
mandate of the electorate. They are elected to
an office for a definite term
and may be removed therefrom only upon
stringent conditions.
On the other hand, appointive officials hold
their office by virtue of their designation
thereto by an appointing authority. Some
appointive officials hold their office in a
permanent capacity and are entitled to
security of tenure while others serve at the
pleasure of the appointing authority.
(Quinto v. COMELEC, G.R. 189698,
December 1, 2009)
EFFECT OF FILING TWO CERTIFICATES
OF CANDIDACY
Filing two COCs disqualifies the person to run for both
elective positions (OEC, Sec. 73).
However, before the expiration of the period for the
filing of CoC, 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 CoC for the other office or office/s. A person who
has filed a certificate of candidacy may, prior to election,
withdraw the same. The filing of a withdrawal certificate of
candidacy shall not affect whatever civil, criminal, or
administrative liabilities as candidate may have incurred.
(COMELEC Resolution 8678, Sec. 1)
FILING OF CERTIFICATES OF CANDIDACY
b. Substitution of Candidates
An official candidate of a duly registered
political party or coalition who dies,
withdraws, or is disqualified for any cause
after the last day for the filing of CoCs may
be substituted by a candidate belonging to,
and nominated by, the same political
party or coalition.
Limitation: No substitute shall be allowed
for any independent candidate.
FILING OF CERTIFICATES OF CANDIDACY
The substitute for a candidate, who died or is
disqualified by final judgment, may file a
CoC up to mid-day of Election Day; Provided
that, the substitute and the substituted have
the same surnames.
If the death or disqualification should occur
between the day before the election and mid-
day of Election Day, the substitute candidate
may file a CoC with any Board of Election
Inspectors, Election Officers, Provincial
Election Supervisor, or Regional Election
Director.
FILING OF CERTIFICATES OF CANDIDACY
Instances when substitution is allowed:
1. Disqualification
2. Death
3. Withdrawal
The substitute for a candidate, who died or is
disqualified by final judgment, may file a
CoC up to mid-day of Election Day; Provided
that, the substitute and the substituted have
the same surnames.
FILING OF CERTIFICATES OF CANDIDACY
If the death or disqualification should occur between
the day before the election and mid-day of Election
Day, the substitute candidate may file a CoC with any
Board of Election Inspectors, Election Officers,
Provincial Election Supervisor, or Regional Election
Director, as the case may be, in the political
subdivision where such person is a candidate, or
in the case of a candidate for President, Vice-
President or Senator, with the Law
Department; Provided that, the substitute and
the substituted candidate have the same
surnames (COMELEC Resolution 9984, August
18, 2015.)
FILING OF CERTIFICATES OF CANDIDACY
Requisites for Valid Substitution:
1. The substitute must belong to the same
party or coalition; and
2. The deceased, disqualified or withdrawn
candidate must have duly filed a valid CoC.
The second requisite is a condition sine
qua non (Tagolino v. HRET and Lucy
Torres-Gomez, G.R. No. 202202, March 19.
2013).
FILING OF CERTIFICATES OF CANDIDACY
No substitution under Sec. 78 of OEC
Sec. 77, OEC requires that there be a candidate
in order for substitution to take place. Thus, if
a person’s CoC had been denied due course to
and/or cancelled under Sec. 78, OEC, he or
she cannot be validly substituted in the
electoral process. Stated differently, since
there would be no candidate to speak of under
a denial of due course to and/or cancellation of
a CoC case, then there would be no candidate
to be substituted (Tagolino v. HRET and Lucy
Torres-Gomez, G.R. No. 202202, March 19.
2013).
 FILING OF CERTIFICATES OF CANDIDACY
Ministerial duty of COMELEC to
receive Certificates of Candidacy
General Rule: The COMELEC shall have
the ministerial duty to receive and
acknowledge receipt of the certificates of
candidacy. Provided, that said certificates
are under oath and contain all the
required data and in the form prescribed
by the Commission (OEC, Sec. 7; Cerafica
v. COMELEC, G.R. No. 205136,
December 2, 2014).
FILING OF CERTIFICATES OF CANDIDACY
Exceptions to the General Rule:
COMELEC may go beyond the face of the CoC
in the following:
1. Nuisance candidates (OEC, Sec. 69);
2. Petition to deny due course or to cancel a
CoC (OEC, Sec. 78); or
3. Filing of a disqualification case on any of
the grounds enumerated in Sec. 68, OEC.
FILING OF CERTIFICATES OF CANDIDACY

Nuisance Candidates
Any registered candidate for the same
office may file a petition to declare a
duly registered candidate as a nuisance
candidate, personally or through duly
authorized representative with
COMELEC, within five days from the
last day of filing of CoC [R.A. 6646 (The
Electoral Reforms Law of 1987), Sec. 5].
FILING OF CERTIFICATES OF CANDIDACY
General Rule: The COMELEC may, motu
proprio or upon verified petition of an
interested party, refuse to give due course to
or cancel a CoC upon showing of the above-
stated circumstances (OEC, Sec. 69).
Exception to Rule: The COMELEC cannot
motu proprio deny due course to or cancel an
alleged nuisance candidate’s certificate of
candidacy without providing the candidate
his opportunity to be heard (Timbol v.
COMELEC, G.R. No. 206004, February 24,
2015).
FILING OF CERTIFICATES OF CANDIDACY
Grounds for Cancellation of Certificate of
Candidacy
1. The person puts the election process in
mockery or disrepute;
2. The person causes confusion among the
voters by the similarity of the names of the
registered candidates; or
3. The person clearly demonstrates that the
candidate has no bona fide intention to run for
the office for which the CoC has been filed and
thus prevent a faithful determination of the
true will of the electorate (OEC, Sec. 69).
FILING OF CERTIFICATES OF CANDIDACY

Effect of voting a nuisance candidate

The votes cast for a nuisance candidate are
not stray but counted in favor of the
bona fide candidate (Dela Cruz v.
COMELEC, G.R. No. 192221,
November 13, 2012).
FILING OF CERTIFICATES OF CANDIDACY
Petition to deny due course or cancel a
CoC -
COMELEC may cancel a CoC under the
following circumstances:
1. The false representation pertains to material
matter affecting substantive rights of a
candidate; and
2. The false representation must consist of
deliberate attempt to mislead, misinform, or
hide a fact which would otherwise render a
candidate ineligible (Salcedo II v. COMELEC,
G.R. No. 135886, August 16, 1999).
 FILING OF CERTIFICATES OF CANDIDACY
The petition may be filed at any time not later
than 25 days from the time of the filing of the
CoC and shall be decided, after due notice and
hearing, not later than 15 days before the
election.
Jurisdiction over a petition to cancel a certificate
of candidacy lies with the COMELEC in
division, not with the COMELEC en banc
(Gravida v. Sales, G.R. No. 122872, September
10, 1997).
¢ The Supreme Court only reviews the decisions
of COMELEC en banc.
FILING OF CERTIFICATES OF CANDIDACY
Material misrepresentation
Material misrepresentation in a CoC refers to
the candidate’s eligibility or qualification for
elective office, which includes false statement
as to age, residency, citizenship, being a
registered voter and any other legal
qualifications necessary to run for an elective
office.
A misrepresentation which does not affect one’s
qualification to run or hold public office will
not suffice for the cancellation of a CoC.
FILING OF CERTIFICATES OF CANDIDACY

Afalse representation under Sec. 78 must consist

of a "deliberate attempt to mislead,
misinform, or hide a fact which would
otherwise render a candidate ineligible."
It must be made with an intention to deceive
the electorate as to one's qualifications for
public office. The use of a surname, when not
intended to mislead or deceive the public as to
one's identity, is not within the scope of the
provision (Salcedo II v. COMELEC).
FILING OF CERTIFICATES OF CANDIDACY

Effect of Disqualification
1. Final judgment before election – The
candidate shall not be voted for, and
the votes cast for him shall not be
counted.
FILING OF CERTIFICATES OF CANDIDACY

2. No final judgment until after election and

receives the highest number of votes in the
election – The Court or COMELEC shall
continue with the trial and hearing of the
action, inquiry or protest and upon motion
of the complainant or any intervenor, may,
during the pendency thereof, order the
suspension of the proclamation of such
candidate whenever the evidence of his
guilt is strong.
FILING OF CERTIFICATES OF CANDIDACY
Question: Should the Vice Mayor succeed the
Mayor if the Certificate of Candidacy of the
Mayor be denied or cancelled subsequent to
his proclamation because it was later found
that he is ineligible to run for the position?
 RULE ON SUCCESSION
Answer: No, the Vice Mayor may not
assume to post. The candidate for the
same position who garnered the next
highest vote shall be proclaimed as the
winner. Technically, such candidate is the
first-placer for the reason that a void CoC
cannot produce any legal effect and
therefore, an ineligible candidate is not
considered a candidate at all (Maquiling v.
COMELEC, G.R No. 195649, April 16,
2013).
EFFECT OF DISQUALIFICATION
Question: What if the Mayor was
disqualified because of an election
offense under Sec. 68 of the Omnibus
Election Code, who will succeed?
A: By operation of law, the Vice Mayor
will assume the post. The effect of
the Mayor’s disqualification is a
permanent vacancy in the position.
Under Sec. 44 of the LGC, in case of
permanent vacancy in the position of
Mayor, the Vice Mayor will succeed.
WITHDRAWAL OF CERTIFICATES OF CANDIDACY
Withdrawal of Candidates -
A person who has filed CoC may, prior to the
election, withdraw the same by submitting to
the COMELEC a written declaration under
oath (OEC, Sec. 73).
The withdrawal of the Certificate of Candidacy
shall effect the disqualification of the
candidate to be elected for the position.
FILING OF CERTIFICATES OF CANDIDACY
The withdrawal of the CoC, for the
purpose of reviving the certificate of
candidacy, must be made within a period
provided by law for the filing of
certificates of candidacy (Monsale v.
Nico, G.R, No. L-2539, May 28, 1949).
The filing or withdrawal of a certificate of
candidacy shall not affect whatever
civil, criminal, or administrative
liabilities which a candidate may have
incurred (OEC, Sec. 73).
 CAMPAIGN
1. Premature Campaigning
General Rule: Any election campaign
or partisan political activity for or
against any candidate outside of the
campaign period is prohibited and
shall be considered as an election
offense (OEC, Sec. 80).
CAMPAIGN
Exception to the Rule: Political parties may
hold political conventions to nominate their
official candidates within 30 days before the
start of the period for filing a certificate of
candidacy [R.A. 9369 (Poll Automation
Law), Sec. 15].
The use of lawful election propaganda under
the Fair Elections Act is subject to the
supervision and regulation by the
COMELEC in order to prevent
premature campaigning and to
equalize, as much as practicable,
CAMPAIGN

the situation of all candidates by

preventing popular and rich
candidates from gaining undue
advantage in exposure and publicity
on account of their resources and
popularity (Chavez v. COMELEC, G.R.
No. 162777, Aug. 31, 2004).