candidates, qualifications,

disqualifications
Module 3, ELECTION LAWS

Atty. GALLANT D. SORIANO, MNSA

residence vs. domicile
DEFINITION ILLUSTRATION

a. A man may have a residence in one place and a

domicile in another.

indicates a place of
RESIDENCE abode, whether
b. Residence is not domicile, but domicile is
permanent or temporary. residence coupled with the intention to remain for
an unlimited time.

a. A man can have but one domicile for the same

d e n o t e s a fi x e d purpose at any time, but he may have numerous
places of residence.

permanent residence to
DOMICILE which, when absent, one
b. His place of residence is generally his place of
has the intention of domicile, but it is not by any means necessarily so
returning. since no length of residence without intention of
remaining will constitute domicile.
qualifications - residence
 CASE Imelda Romualdez-Marcos vs. Comelec
Agapito “Butz” Aquino vs. Comelec

G.R. No. 119976. Sept. 18, 1995 G.R. No. 120265. Sept. 18, 1995

Position Sought Rep. 1st District of Leyte Rep. 2nd District of Makati
Residence stated
7 months 10 months
in Original COC
Residence stated
in Amended COC
since childhood l year and 13 days

Qualification: resident of district for not less than one year resident of district for not less than one year immediately
(Sec. 6, Art. VI) immediately preceding May 8, 1995 elections. preceding May 8, 1995 elections.

In his COC for May 11, 1992 elections, Aquino:

Imelda’s acts upon her return to the country:
a. indicated not only that he was resident of San
a. s h e s o u g h t P C G G ' s p e r m i s s i o n t o Jose, Concepcion, Tarlac in 1992 but that he was
"rehabilitate (our) ancestral house in resident of the same for 52 years.

Tacloban and Farm in Olot, Leyte;

b. The intention not to establish a permanent home in

Supreme Court
Makati City is evident in his leasing a
Ruling b. she obtained her residence certificate in condominium unit for two years instead of buying
1992 in Tacloban, Leyte, while living in her one.

brother's house;

What stands consistently clear and unassailable is

clearly indicate that she chose Tacloban, her that this domicile of origin of record up to the time of
domicile of origin, as her domicile of choice. filing of his most recent certificate of candidacy for
the 1995 elections was Concepcion, Tarlac.
 Abraham Mitra vs. Comelec
Svetlana Jalosjos vs. Comelec

CASE G.R. No. 191938. July 2, 2010

G.R. No. 193314. June 25, 2013
Governor, Palawan
Mayor, Baliangao, Misamis Occidental

Position Sought
May 10, 2010 elections May 10, 2010 elections

Previous Residence Puerto Princesa City, Palawan Dapitan City, Zamboanga Del Norte

Transferred to: Brgy. Isaub, Municipality of Aborlan, Palawan Brgy. Tugas, Municipality of Baliangao

Transferred on: March 20, 2009 latter part of 2008 or January 2009

resident of the LGU where he intends to run for at

Qualification: resident of the LGU where he intends to run for at least one
least one (1) year immediately preceding the day of
(Sec. 39, R,A, 7160) (1) year immediately preceding the day of the election.
the election.

Mitra’s preparatory moves starting in early 2008: Svetlana’s claim of series of events:

a. his initial transfer through a leased dwelling;

a. she had established her residence in Brgy. Tugas since
b. the purchase of a lot for his permanent home; and December 2008 when she purchased two parcels of
the construction of a house in this lot that land there; and that

(adjacent to the premises he leased pending the b. she had been staying in the house of Mrs. Lourdes Yap
Supreme Court
completion of his house).
in Brgy. Punta Miray, while the former was overseeing
Ruling
the construction of her house. 

These incremental moves do not offend reason at all.

Residence requirement can be complied with Svetlana’s stay in the house of Mrs. Yap in Brgy. Punta
through an incremental process including acquisition Miray, was only a temporary and intermittent stay that does
of business interest in the pertinent place and lease not amount to residence. Her temporary stay in Brgy. Punta
of feed mill building as residence. Miray cannot be counted as residence in Baliangao.
 CASE Rommel Jaloslos vs. Comelec, G.R. No. 191970. April 24, 2012
PLACE AND YEAR OF BIRTH Quezon City, in 1973

PLACE AND YEAR OF TRANSFER migrated to Australia, in 1981 and there acquired Australian citizenship.

YEAR OF RETURN TO THE PHIL. In 2008, he decided to return to the Philippines .

PLACE OF RESIDENCE lived with his brother, Romeo, Jr., in Barangay Veteran’s Village, Ipil, Zamboanga Sibugay.

Four days upon his return, he took an oath of allegiance to the Republic of the Philippines. On
REACQUISITION OF CITIZENSHIP
September 1, 2009 he renounced his Australian citizenship.

POSITION SOUGHT Governor of of Zamboanga Sibugay Province for the May 10, 2010 elections.

QUALIFICATION: resident of the LGU where he intends to run for at least one (1) year immediately preceding the
(Sec. 39, R,A, 7160) day of the election.

a. when he came to the Philippines in Nov. 2008 to live with his brother in Zamboanga Sibugay, it is
evident that Jalosjos did so with intent to change his domicile for good.

b. He left Australia, gave up his Australian citizenship, and renounced his allegiance to that country. In
addition, he reacquired his old citizenship by taking an oath of allegiance to the Republic of the
SUPREME COURT RULING Philippines. By his acts, Jalosjos forfeited his legal right to live in Australia, clearly proving that he
gave up his domicile there. And he has since lived nowhere else except in Ipil, Zamboanga Sibugay.

c. To hold that Jalosjos has not establish a new domicile in Zamboanga Sibugay despite the loss of his
domicile of origin (Quezon City) and his domicile of choice and by operation of law (Australia) would
violate the settled maxim that a man must have a domicile or residence somewhere.
qualifications - citizenship
 CASE Ramon Labo, Jr. vs. Comelec
Juan Frivaldo vs. Comelec

G.R. No. 86564. Aug. 1, 1989 G.R. No. 120295. June 28, 1996

Position Sought Mayor of Baguio City, 1988 Elections Governor of Sorsogon, May 8, 1995 Elections

Loss of Filipino married an Australian citizen in the Philippines; and

naturalization in the USA
Citizenship was granted Australian citizenship on July 28, 1976
Reacquisition of
Phil. Citizenship
none by repatriation on June 30, 1995 under P.D. 725

Qualification: An elective local official must be a citizen of the An elective local official must be a citizen of the
(Sec. 42, LGC;

Sec. 39, LGC of 1991)

Philippines. Philippines.

a. Since Frivaldo re-assumed his citizenship on June 30, 1995 - the very
a. Labo is not now, nor was he on the day of the day the term of office of governor began - he was therefore already
local elections on Jan. 18, 1988, a citizen of the qualified to be proclaimed, to hold such office and to discharge the
Philippines.
functions and responsibilities thereof as of said date.

b. the citizenship requirement in the Local Government Code is to be

b. He was therefore ineligible as a candidate for
mayor of Baguio City, under Sec. 42 of the Local
Supreme Court
Government Code which provides, “An elective
Ruling
local official must be a citizen of the Philippines...”
c. LGC does not specify any particular date or time when the candidate
c. T h e s e q u a l i fi c a t i o n s a r e c o n t i n u i n g
possessed by an elective official at the latest as of the time he is
proclaimed and at the start of the term of office to which he has
been elected.
must possess citizenship, unlike that for residence (which must consist
of at least one year's residency immediately preceding the day of
election) and age (at least twenty three years of age on election day.

requirements; once any of them is lost during

incumbency, title to the office itself is deemed d. the repatriation of Frivaldo pursuant to P.D. 725 (Special Committee on
Naturalization), RETROACTED to the date of the filing of his application
forfeited. on August 17, 1994.
disqualifications
Sec. 2, B.P. 881 - “This Code shall govern all election of
Sec. 40, R.A 7160 - The following persons are disqualified
public officers.”
from running for any elective local position:
Sec. 12, B.P. 881 -‘Disqualifications”
1. Any person who has been declared by competent
g. those who are insane or feebleminded.
authority insane or incompetent;
2. has been sentenced by final judgment for subversion, c. those convicted by final judgment for violating the oath
insurrection, rebellion; of allegiance to the Republic of the Philippines.

3. for any offense for which he has been sentenced to a a. for an offense punishable by one (1) year or more of
penalty of more than eighteen months; imprisonment, within two (2) years after serving sentence;

a. those sentenced by final judgment for an offense

4. for a crime involving moral turpitude.
involving moral turpitude;
b. those removed from office as a result of an
administrative case.

d. those with dual citizenship.

f. permanent residents in foreign country or those who have

acquired the right to reside abroad and continue to avail of the
same right after the effectivity of the Local Government Code.

e. fugitives from justice in criminal and non-political case

here and abroad.
1. Those sentenced by final judgment for an offense involving moral turpitude.
1. the offense of fencing punishable
under P.D. 1612 (Anti-fencing Law) was
one involving moral turpitude.
2. Violation of BP 22 involves moral
turpitude.  A drawer who issues an
unfunded check deliberately reneges
on his private duties he owes his fellow
men or society in a manner contrary to
accepted and customary rule of right
and duty, justice, honesty or good
morals.
Dela Torre vs. Comelec, G.R. No. 121592. July 5, 1996
Rolando Dela Torre - who was found guilty of
violation of PD 1612 (Anti-fencing Law) by final
judgment was disqualified from running for Mayor
of Cavinti, Laguna in the last May 8, 1995 elections.
Villaber vs. Comelec, G.R. No. 148326. Nov. 15, 2001
Pablo Villaber - who was convicted for
violation of B.P. 22, is disqualified from
running as candidate for the 1st District of
Davao Del Sur during the May 14, 2001
elections.
2. Those sentenced by final judgment for an offense punishable by 1 year or more of imprisonment, within 2 years
after serving sentence.
3. those who have not served
their sentence by reason of the
grant of probation which, should
not be equated with service of
sentence, should not likewise be
disqualified from running for a
local elective office because the
two (2)-year period of ineligibility
under Sec. 40(a) of the Local
Government Code does not
even begin to run.
Moreno vs. Comelec, G.R. No. 168550. Aug. 10, 2006
Urbano Moreno - was convicted by final
judgment of Arbitrary Detention and was
sentenced to suffer imprisonment of 4
Months and 1 Day to 2 Years and 4 Months
on Aug. 27, 1998. Comelec - disqualified him
from running for Punong Barangay of
Barangay Cabugao, Daram, Samar in the
July 15, 2002 Elections. Moreno - averred
that he was already granted probation.
2. Those sentenced by final judgment for an offense punishable by 1 year or more of imprisonment, within 2 years
after serving sentence.
4. sentence of prisión mayor by final
judgment is a ground for disqualification
under Section 40 of the Local Government
Code and under Section 12 of the Omnibus
Election Code.
5. while Sec. 40(a) of the LGC allows a prior
convict to run for local elective office after the
lapse of two years from the time he serves his
sentence, the said provision should not be
deemed to cover cases wherein the law
imposes a penalty, either as principal or
accessory, which has the effect of disqualifying
the convict to run for elective office. An
example of this would be Art. 41 of the RPC,
which imposes the penalty of perpetual
absolute disqualification as an accessory to
the principal penalties of reclusion perpetua
and reclusion temporal.
D. Jalosjos, Jr. vs. Comelec, G.R. No. 193237. Oct. 9, 2012
Dominador Jalosjos Jr. - was convicted of robbery and
sentenced to prision correccional. He - is now running for or his
third term as candidate for Mayor of Dapitan City, Zamboanga
del Norte in the May 2010 elections.
R. Jalosjos vs. Comelec, G.R. No. 205033. June 18, 2013
Romeo G. Jalosjos - was convicted by final judgment of two
counts of statutory rape and six counts of acts of lasciviousness
and was meted the penalty of reclusion perpetua and reclusion
temporal for each count, which carried the accessory penalty of
perpetual absolute disqualification pursuant to Art. 41 of the
RPC. He filed a COC on Oct. 5, 2012, for mayor of Zamboanga
City in the May 13, 2013 elections. Comelec - motu propio
resolved to cancel and deny due course to his COC due to his
perpetual absolute disqualification.
2. Those sentenced by final judgment for an offense punishable by 1 year or more of imprisonment, within 2 years
after serving sentence.
5. The subsequent absolute pardon
granted to former President Joseph
Estrada by Pres. GMA, effectively
restored his right to seek public
elective office. Section 40(a) of the
LGC in relation to Section 12 of the
OEC, allows any person who has
been granted plenary pardon…to
run for and hold any public office,
whether local or national position.
Risos-Vidal vs. Comelec & J. Estrada
G.R. No. 206666. Jan. 21, 2015
Joseph Estrada - on Oct. 2, 2012, filed a
COC for Mayor of Manila. Atty. Alicia Risos-
Vidal - on Jan. 24, 2013, filed a Petition for
Disqualification against Estrada on the theory
that he is Disqualified to Run for Public Office
because of his Conviction for Plunder by the
Sandiganbayan Sentencing Him to Suffer the
Penalty of Reclusion Perpetua with Perpetual
Absolute Disqualification.
3. Those removed from office as a result of an administrative case.
5. Reyes failed to appeal to the Office
of the President. He was thus validly
removed from office and, pursuant to
Sec. 40(b) of the Local Government
Code, he was disqualified from running
for reelection.
6. There is no provision in the
statute which would clearly indicate
that the same operates
retroactively. It therefore, follows
that Sec. 40(b) of the Local
Government Code is not applicable
to the present case.
Reyes vs. Comelec, G.R. No. 120905. March 7, 1996
Renato Reyes - was elected mayor of Bongabong, Oriental
Mindoro on May 11, 1992. Sangguniang Panlalawigan - in its
decision, dated Feb. 6, 1995 found Reyes guilty of various
administrative offenses and ordered his removal from office.
Reyes - on Mar. 20, 1995, filed a COC for mayor.
Grego vs. Comelec, G.R. No. 125955. June 19, 1997
Humberto Basco - was removed from his position as Deputy
Sheriff by the Supreme Court for serious misconduct in 1981. He
won as councilor of the Second District of Manila during the
J1988 elections and was re-elected in the 1992 elections and
in1995. Wilmer Grego - filed with Comelec a petition praying
that Basco should be disqualified from running far any elective
position since he had been "removed from office as a result of an
administrative case" pursuant to Sec. 40(b) of R.A. 7160, which
took effect on Jan. 1, 1992.
4. Those with dual citizenship.
7. dual citizenship arises when, as a result of
the concurrent application of the different
laws of two or more states, a person is
simultaneously considered a national by the
said states. dual citizenship is different from
dual allegiance. dual citizenship as a
disqualification must refer to citizens with
dual allegiance.
8. While Lopez was able to regain his Filipino
Citizenship by virtue of the Dual Citizenship Law
when he took his oath of allegiance before the
Philippine Consulate, it is not enough to allow him
to run for a public office. Sec. 5(2), R.A. 9225 -
mandates that a candidate with dual citizenship
must make a personal and sworn renunciation of
any and all foreign citizenship before any public
officer authorized to administer an oath.
Mercado vs. Manzano, G.R. No. 135083. May 26, 1999
Eduardo B. Manzano - was born in California, U.S.A. His father
and mother were Filipinos at the time of his birth. When he
attained the age of majority, he registered as a voter, and voted
in the elections of 1992, 1995 and 1998, which effectively
renounced his US citizenship under American law. His
disqualification was sought as candidate for Vice-Mayor of
Makati City in the May 11, 1998 elections on the ground that
Manzano is an American citizen.
Lopez vs. Comelec, G.R. No. 182701. July 23, 2008
Eusebio Lopez - was a candidate for Brgy. Chairman in
2007. His disqualification was sought on the ground that
he is an American citizen. He - argued that he is a dual
citizen (a Filipino and an American) by virtue of R.A. 9225,
(Citizenship Retention and Re-acquisition Act of 2003).
He returned to the Philippines and resided in Brgy.
Bagacay.
4. Those with dual citizenship.
9. Sec. 5(2), R.A. 9225 categorically demands
natural-born Filipinos who re-acquire their
citizenship and seek elective office, to execute
a personal and sworn renunciation of any and
all foreign citizenships before an authorized
public officer prior to or simultaneous to the
filing of their certificates of candidacy, to
qualify as candidates in Philippine elections.
10. While the act of using a foreign passport is
not one of the acts enumerated in C.A. 63
constituting renunciation and loss of Philippine
citizenship, it is nevertheless an act which
repudiates the very oath of renunciation
required for a former Filipino citizen who is also
a citizen of another country to be qualified to
run for a local elective position.
Sobejana-Condon vs. Comelec, G.R. No. 198742. Aug. 10, 2012
Teodora Sobejano-Condon - Australian citizen by her marriage to
Kevin Thomas Condon. In 2005 Dec. 2005, she took her oath of
allegiance to the Republic of the Philippines. In Sept. 2006, She -
filed an unsworn Declaration of Renunciation of Australian
Citizenship She - ran for Vice-Mayor in 2010. RTC - held that her
failure to comply with Sec. 5(2) of R.A. 9225 rendered her ineligible to
run and hold public office as the personal declaration of
renunciation she filed in Australia was not under oath.
Maquiling vs. Comelec, G.R. No. 195649. Apr. 16, 2013
Rommel Arnado - is a natural born Filipino citizen. He became a
naturalized American citizen. He reacquired Philippine citizenship
under R.A. 9225 in 2008. On 30 Nov. 2009, he filed his CoC for
Mayor of Kauswagan, Lanao del Norte. Linog Balua (mayoralty
candidate) - filed a petition to disqualify Arnado. He presented a
computer-generated travel record dated 03 Dec 2009 indicating
that Arnado has been using his US Passport in entering and
departing the Philippines.
4. Those with dual citizenship.
11. The petitioner's continued
exercise of his rights as a citizen
of the USA through using his
USA passport after the
renunciation of his USA
citizenship reverted him to his
earlier status as a dual citizen.
Such reversion disqualified him
from being elected to public
office in the Philippines pursuant
to Section 40(d) of the Local
Government Code.
Agustin vs. Mercado, G.R. No. 207105. Nov. 10, 2015
Arsenio Agustin - was naturalized as American
citizen. He re-acquired Philippine citizenship
pursuant to R.A. 9225. He - took his Oath of
Allegiance in Mar. 2012 and executed his Affidavit
of Renunciation in Oct. 2012. On Oct. 5, 2012, he
- filed his CoC for the position of of Mayor of the
Municipality of Marcos, Ilocos Norte to be
contested in the May 13, 2013 local elections.
Oct. 6, 2012, he - travelled abroad using his USA
passport. He continued using his USA passport in
his subsequent travels abroad despite having
been already issued his Philippine passport on
Aug. 23, 2012.

5. Fugitives from justice in criminal and non-political case here and abroad.
12. A "fugitive from justice"
includes not only those who flee
after conviction to avoid
punishment but likewise those
who, after being charged, flee to
avoid prosecution.
Rodriguez vs. Comelec, G.R. No. 120099. July 24, 1996
Eduardo Rodriguez - won as governor of
Quezon Province in the May 1992 elections.
Beinvenido Marquez - filed quo warranto
before Comelec alleging that Rodriguez left the
US where criminal charges, filed on Nov. 12,
1985, are pending against him. Rodriguez is
therefore a "fugitive from justice”. Rodriguez -
arrived in the Philippines from the US on June
25, 1985. He - was charged with a felony in
L.A. Court on Nov. 12, 1985. Warrant for his
arrest was issued in April 2006.
6. permanent residents in foreign country or those who have acquired the right to reside abroad and continue to avail
of the same right after the effectivity of the Local Government Code.

Caasi vs. Comelec, G.R. No. 88831. Nov. 8, 1990

13. To be "qualified to run for

elective office" in the
Philippines, the law requires that
the candidate who is a green
card holder must have "waived
his status as permanent resident
or immigrant of foreign country."
Waiver of his green card should
be manifested by some act
independent of and done prior
to filing his candidacy.
Merito Miguel - hails from Bolinao, Pangasinan.
He - went to the US in 1984 and became a
permanent resident therein. He - voted in all
previous elections, including the plebiscite on
February 2,1987 for the ratification of the 1987
Constitution, and the congressional elections on
May 18,1987. He - returned to the Philippines in
Nov. 1987. He filed his COC for mayor of
Bolinao in the Jan. 18,1988 elections. Mateo
Caasi - filed Quo Warranto with the Court of
Appeals against Miguel on account of his being
a green card holder.
7. One who has violated Sec. 80 (Election campaign or partisan political activity outside the campaign period).
14. Not every act of beneficence
from a candidate may be
considered campaigning. The
term campaigning should not be
made to apply to any and every
act which may influence a
person to vote for a candidate,
for that would be stretching too
far the meaning of the term.
Pangkat Laguna vs. Lazaro
G.R. No. 148075. Feb. 4, 2002
Gov. Teresita Ningning Lazaro - On 28 Feb. 2001,
filed her COC for governor of Laguna. Pangkat
Laguna sought to disqualify Lazaro alleging that
she committed acts violative of Sec. 80 (Election
campaign or partisan political activity outside the
campaign period) and Section 261(v) (Prohibition
against release, disbursement or expenditure of
public funds) of the Omnibus Election Code. On
Feb. 7 & 8, 2001, she ordered the purchase of
trophies, basketballs, volleyballs, chessboard sets,
and t-shirts and medals and pins, in as much as
the same were done prior to the start of the
campaign period on 30 March 2001.
8. One who spent in his election campaign an amount in excess of that allowed by law.
14. Sec. 68, B.P. 881 – Any
candidate who, in an action or
protest in which he is a party is
declared by final decision by a
competent court guilty of, or
found by the Commission of
having…(c) spent in his election
campaign an amount in excess
of that allowed by this Code.
EJERCITO vs. COMELEC
G.R. No. 212398. Nov. 25, 2014
Gov. E.R. Ejercito - spent more than P23 M for
television campaign commercials alone during the
May 2013 elections. Laguna has 1.5 million
registered electorate. Under the Fair Election Act,
a candidate and political parties is authorized to
spend for his campaign P3.00 for every registered
voter in his constituency. So for candidate for
Governor of Laguna, he is only authorized to incur
an election expense amounting to P4.5 M.
END
 QUALIFICATION: RESIDENCE
ROMMEL JALOSJOS vs. COMELEC
G.R. No. 191970. April 24, 2012

FACTS:

Rommel Jalosjos - was born in Quezon City in 1973. He migrated to Australia in 1981 and there acquired Australian citizenship. In
2008, he decided to return to the Philippines and lived with his brother, Romeo, Jr., in Barangay Veteran’s Village, Ipil, Zamboanga
Sibugay. Four days upon his return, he took an oath of allegiance to the Republic of the Philippines. On September 1, 2009 he
renounced his Australian citizenship. On November 28, 2009 Jalosjos filed his COC for Governor of Zamboanga Sibugay Province for
the May 10, 2010 elections.

Dan Erasmo, Sr., (Brgy. Captain of Veteran’s Village), - filed a petition to deny due course or to cancel Jalosjos’ COC on the ground
that the latter made material misrepresentation in the same since he failed to comply with (1) the requirements of R.A. 9225 and (2)
the one-year residency requirement of the Local Government Code.

2nd Division of Comelec - ruled that, while Jalosjos had regained Philippine citizenship by complying with the requirements of R.A.
9225, he failed to prove the residency requirement for a gubernatorial candidate. COMELEC En Banc affirmed the Second Division’s
decision.Thus, the recourse to the Supreme Court.

HELD:

a. There is no hard and fast rule to determine a candidate’s compliance with residency requirement since the question of residence is
a question of intention. Still, jurisprudence has laid down the following guidelines: (a) every person has a domicile or residence
somewhere; (b) where once established, that domicile remains until he acquires a new one; and (c) a person can have but one
domicile at a time.

b. It is inevitable under these guidelines and the precedents applying them that Jalosjos has met the residency requirement for
provincial governor of Zamboanga Sibugay.
 Qualifications of Candidates for National Elective Offices

POSITION PRES. & VICE PRES. SENATE HOUSE OF REP.

BASIS Sec. 2, Art. VII, Constitution Sec. 3, Art. VI, Constitution Sec. 6, Art. VI, Constitution

CITIZENSHIP natural born natural born natural born

at least at least at least

AGE 40 years old 35 years old 25 years old
on the day of the election on the day of the election on the day of the election

able to read able to read able to read

LITERACY
and write and write and write

registered voter in the

VOTER
registered voter registered voter district in which
REGISTRATION
he shall be elected

resident of Phil. resident of Phil. resident of district

RESIDENCE at least 10 yrs. not less than 2 yrs. not less than 1 year
preceding election preceding election preceding election
 Qualifications of Candidates for Local Elective Offices

POSITION GOV. & VICE GOV. MAYOR (HUC) MAYOR & VM (CITY) SP & SB

BASIS Sec. 39, RA 7160 Sec. 39, RA 7160 Sec. 39, RA 7160 Sec. 39, RA 7160

CITIZENSHIP citizen citizen citizen citizen

at least at least at least at least

AGE 23 years old 23 years old 21 years old 18 years old
on election day on election day on election day on election day

able to read and able to read and able to read and able to read and
LITERACY write Filipino or write Filipino or write Filipino or write Filipino or
other local language other local language other local language other local language

registered voter
VOTER
registered voter registered voter registered voter in district in which
REGISTRATION he shall be elected

resident of province at resident of district at

resident of city at least 1
least 1 year preceding resident of city at least least 1 year preceding
year preceding election
election 1 year preceding election election
RESIDENCE resident of Phil. not less
resident of Phil. not less resident of Phil. not less than resident of Phil. not less
than 2 yrs. preceding
than 2 years preceding 2 years preceding election than 2 years preceding
election
election election
 QUALIFICATION: RESIDENCE

ROMUALDEZ-MARCOS vs. COMELEC

G.R. No. 119976. Sept. 18, 1995

FACTS:

Imelda Romualdez-Marcos - filed her COC for Representative of the First District of Leyte on March 8, 1995, stating therein
that she had resided in the district for seven months.

Rep. Cirilo Montejo- filed "Petition for Cancellation and Disqualification" with Comelec alleging that Imelda did not meet the
one year residency requirement for candidates for the House of Representatives.

Imelda - On Mar. 29, 1995, filed an Amended/Corrected COC changing the entry "seven" months to "since childhood".

Comelec - declared her not qualified to run for the position. Thus the recourse to the Supreme Court.

HELD:

a. Art. 50 of the Civil Code - for the exercise of civil rights and the fulfillment of civil obligations, the domicile of
natural persons is their place of habitual residence." Domicile means an individual's "permanent home", "a place
to which, whenever absent for business or for pleasure, one intends to return.”

b. Imelda’s acts upon her return to the country: 1) sought PCGG's permission to "rehabilitate ancestral house in
Tacloban and Farm in Olot, Leyte; 2) obtained residence certificate in 1992 in Tacloban, Leyte, while living in her
brother's house; clearly indicate that she chose Tacloban, her domicile of origin, as her domicile of choice.
 QUALIFICATION: RESIDENCE

AQUINO vs. COMELEC

G.R. No. 120265. Sept. 18, 1995

FACTS:

Agapito “Butz” Aquino - In 1995, filed his COC for Representative for the new 2nd
District of Makati, and stated therein that he was resident of the district for 10 months.

Move Makati and Mateo Bedon of Lakas-NUCD - filed petition to disqualify him for
lack of one year residency requirement under Sec. 6, Art.VI of the 1987 the Constitution.

Second Division of Comelec - dismissed the petition and declared him eligible to run
for said position.

Comelec en banc - upon Motion for Reconsideration, declared Aquino ineligible and thus
disqualified as a candidate for lack of the constitutional qualification of residence. Hence,
the petition for certiorari with the Supreme Court.
 QUALIFICATION: RESIDENCE

AQUINO vs. COMELEC

G.R. No. 120265. Sept. 18, 1995

HELD:

a. In his COC for May 11, 1992 elections, Aquino indicated not
only that he was resident of San Jose, Concepcion, Tarlac in
1992 but that he was resident of the same for 52 years.

b. What stands consistently clear and unassailable is that this

domicile of origin of record up to the time of filing of his most
recent COC for the 1995 elections was Concepcion,Tarlac.
 QUALIFICATION: RESIDENCE
AQUINO vs. COMELEC
G.R. No. 120265. Sept. 18, 1995

FACTS:

Agapito “Butz” Aquino - In 1995, filed his COC for Representative for the new 2nd District of Makati,
and stated therein that he was resident of the district for 10 months.

Move Makati and Mateo Bedon of Lakas-NUCD - filed petition to disqualify him for lack of one year
residency requirement under Sec. 6, Art.VI of the 1987 the Constitution.

Second Division of Comelec - dismissed the petition and declared him eligible to run for said
position.

Comelec en banc - upon MR, declared Aquino ineligible and thus disqualified as a candidate for lack of

HELD:

a. In his COC for May 11, 1992 elections, Aquino indicated not only that he was resident of San Jose,
Concepcion,Tarlac in 1992 but that he was resident of the same for 52 years.

b. What stands consistently clear and unassailable is that this domicile of origin of record up to the
time of filing of his most recent COC for the 1995 elections was Concepcion,Tarlac.
 QUALIFICATION: RESIDENCE

ABRAHAM MITRA vs. COMELEC

G.R. No. 191938. July 2, 2010

FACTS:

Abraham Mitra - was the incumbent Representative of 2nd District of Palawan, which then included, among
other territories, Aborlan and Puerto Princesa City. He was a domiciliary of Puerto Princesa City. In 2007 (or
before the end of Mitra’s second term as Representative), Puerto Princesa City was reclassified as a "highly
urbanized city" and thus made ineligible Puerto Princesa City residents from voting for candidates for elective
provincial officials. In 2009, with the intention of running for the position of Governor, Mitra applied for the
transfer of his Voter’s Registration Record from Puerto Princesa City, to Municipality of Aborlan. , Province of
Palawan. He subsequently filed his COC for the position of Governor of Palawan as a resident of Aborlan.

Antonio Gonzales and Orlando Balbon, Jr. (the respondents) - filed a petition to deny due course or to
cancel Mitra’s COC arguing that Mitra has not yet established residence in Aborlan, and is therefore not
qualified to run for Governor of Palawan. They contend that Mitra bought, in June 2009, a parcel of land in
Aborlan where he began to construct a house, but up to the time of the filing of the petition to deny due
course or to cancel Mitra’s COC, the house had yet to be completed.

First Division of Comelec - declared him ineligible to run for said position. Comelec en banc denied his
Motion for Reconsideration. Hence, the petition for certiorari with the Supreme Court.
 QUALIFICATION: RESIDENCE

ABRAHAM MITRA vs. COMELEC

G.R. No. 191938. July 2, 2010

HELD:

a. R.A. 7160 (Local Government Code) does not abhor this intended transfer of residence, as its Section
39 merely requires an elective local official to be a resident of the local government unit where he
intends to run for at least one (1) year immediately preceding the day of the election.

b. In other words, the law itself recognizes implicitly that there can be a change of domicile or
residence, but imposes only the condition that residence at the new place should at least be for a
year.

c. his preparatory moves starting in early 2008; his initial transfer through a leased dwelling; the
purchase of a lot for his permanent home; and the construction of a house in this lot that,
parenthetically, is adjacent to the premises he leased pending the completion of his house. These
incremental moves do not offend reason at all.

d. residence requirement can be complied with through an incremental process including acquisition of
business interest in the pertinent place and lease of feed mill building as residence.
 QUALIFICATION: RESIDENCE
ABRAHAM MITRA vs. COMELEC
G.R. No. 191938. July 2, 2010

FACTS:

Abraham Mitra - was the incumbent Representative of 2nd District of Palawan, which then included, among other territories, Aborlan
and Puerto Princesa City. He was a domiciliary of Puerto Princesa City. In 2007 (or before the end of Mitra’s second term as
Representative), Puerto Princesa City was reclassified as a "highly urbanized city" and thus made ineligible Puerto Princesa City
residents from voting for candidates for elective provincial officials. In 2009, with the intention of running for the position of Governor,
Mitra applied for the transfer of his Voter’s Registration Record from Puerto Princesa City, to Municipality of Aborlan. , Province of
Palawan. He subsequently filed his COC for the position of Governor of Palawan as a resident of Aborlan.

Antonio Gonzales and Orlando Balbon, Jr. (the respondents) - filed a petition to deny due course or to cancel Mitra’s COC
arguing that Mitra has not yet established residence in Aborlan, and is therefore not qualified to run for Governor of Palawan. They
contend that Mitra bought, in June 2009, a parcel of land in Aborlan where he began to construct a house, but up to the time of the
filing of the petition to deny due course or to cancel Mitra’s COC, the house had yet to be completed.

First Division of Comelec - declared him ineligible to run for said position. Comelec en banc denied his Motion for
Reconsideration. Hence, the petition for certiorari with the Supreme Court.

HELD:

a. R.A. 7160 (Local Government Code) does not abhor this intended transfer of residence, as its Section 39 merely requires an
elective local official to be a resident of the local government unit where he intends to run for at least one (1) year immediately
preceding the day of the election.

b. In other words, the law itself recognizes implicitly that there can be a change of domicile or residence, but imposes only the
 QUALIFICATION: RESIDENCE

ROMMEL JALOSJOS vs. COMELEC

G.R. No. 191970. April 24, 2012

FACTS:

Rommel Jalosjos - was born in Quezon City in 1973. He migrated to Australia in 1981 and there
acquired Australian citizenship. In 2008, he decided to return to the Philippines and lived with his brother,
Romeo, Jr., in Barangay Veteran’s Village, Ipil, Zamboanga Sibugay. Four days upon his return, he took an
oath of allegiance to the Republic of the Philippines. On Sept. 1, 2009 he renounced his Australian
citizenship. On Nov. 28, 2009 Jalosjos filed his COC for Governor of Zamboanga Sibugay Province for
the May 10, 2010 elections.

Dan Erasmo, Sr., (Brgy. Captain of Veteran’s Village), - filed a petition to deny due course or to cancel
Jalosjos’ COC on the ground that the latter made material misrepresentation in the same since he failed
to comply with (1) the requirements of R.A. 9225 and (2) the one-year residency requirement of the
Local Government Code.

2nd Division of Comelec - ruled that, while Jalosjos had regained Philippine citizenship by complying
with the requirements of R.A. 9225, he failed to prove the residency requirement for a gubernatorial
candidate. COMELEC En Banc affirmed the Second Division’s decision. Thus, the recourse to the
Supreme Court.
 QUALIFICATION: RESIDENCE
ROMMEL JALOSJOS vs. COMELEC
G.R. No. 191970. April 24, 2012

HELD:

a. There is no hard and fast rule to determine a candidate’s compliance with residency requirement since the
question of residence is a question of intention. Still, jurisprudence has laid down the following guidelines:
(a) every person has a domicile or residence somewhere; (b) where once established, that domicile remains
until he acquires a new one; and (c) a person can have but one domicile at a time.

b. It is inevitable under these guidelines and the precedents applying them that Jalosjos has met the residency
requirement for provincial governor of Zamboanga Sibugay.

c. when he came to the Philippines in Nov. 2008 to live with his brother in Zamboanga Sibugay, it is evident
that Jalosjos did so with intent to change his domicile for good. He left Australia, gave up his Australian
citizenship, and renounced his allegiance to that country. In addition, he reacquired his old citizenship by
taking an oath of allegiance to the Republic of the Philippines.By his acts, Jalosjos forfeited his legal right to
live in Australia, clearly proving that he gave up his domicile there. And he has since lived nowhere else
except in Ipil, Zamboanga Sibugay.

d. To hold that Jalosjos has not establish a new domicile in Zamboanga Sibugay despite the loss of his
domicile of origin (Quezon City) and his domicile of choice and by operation of law (Australia) would
violate the settled maxim that a man must have a domicile or residence somewhere.
 QUALIFICATION: RESIDENCE
ROMMEL JALOSJOS vs. COMELEC
G.R. No. 191970. April 24, 2012

FACTS:

Rommel Jalosjos - was born in Quezon City in 1973. He migrated to Australia in 1981 and there acquired Australian citizenship. In
2008, he decided to return to the Philippines and lived with his brother, Romeo, Jr., in Barangay Veteran’s Village, Ipil, Zamboanga
Sibugay. Four days upon his return, he took an oath of allegiance to the Republic of the Philippines. On September 1, 2009 he
renounced his Australian citizenship. On November 28, 2009 Jalosjos filed his COC for Governor of Zamboanga Sibugay Province for
the May 10, 2010 elections.

Dan Erasmo, Sr., (Brgy. Captain of Veteran’s Village), - filed a petition to deny due course or to cancel Jalosjos’ COC on the ground
that the latter made material misrepresentation in the same since he failed to comply with (1) the requirements of R.A. 9225 and (2)
the one-year residency requirement of the Local Government Code.

2nd Division of Comelec - ruled that, while Jalosjos had regained Philippine citizenship by complying with the requirements of R.A.
9225, he failed to prove the residency requirement for a gubernatorial candidate. COMELEC En Banc affirmed the Second Division’s
decision.Thus, the recourse to the Supreme Court.

HELD:

a. There is no hard and fast rule to determine a candidate’s compliance with residency requirement since the question of residence is
a question of intention. Still, jurisprudence has laid down the following guidelines: (a) every person has a domicile or residence
somewhere; (b) where once established, that domicile remains until he acquires a new one; and (c) a person can have but one
domicile at a time.

b. It is inevitable under these guidelines and the precedents applying them that Jalosjos has met the residency requirement for
provincial governor of Zamboanga Sibugay.
 QUALIFICATION: RESIDENCE

SVETLANA JALOSJOS vs. COMELEC

G.R. No. 193314. Feb. 26, 2013 &  June 25, 2013

FACTS:

Svetlana Jalosjos - filed her CoC for mayor of Baliangao, Misamis Occidental for the 10 May 2010 elections. 
She indicated therein her place of birth and residence as Barangay Tugas, Municipality of Baliangao, Misamis
Occidental.

Edwin Tumpag and Rodolfo Estrellada (private respondents) - filed Petition to Deny Due Course to or
Cancel the COC arguing that Svetlana had falsely represented her place of birth and residence, because she
was in fact born in San Juan, Metro Manila, and had not totally abandoned her previous domicile, Dapitan City.

Svetlana Jalosjos - averred that she had established her residence in the said barangay since December 2008
when she purchased two parcels of land there, and that she had been staying in the house of a certain Mrs.
Lourdes Yap (Yap) while the former was overseeing the construction of her house. .

2nd Division of Comelec - declared Svetlana disqualified form running for the position of mayor. Comelec
en Banc affirmed the Resolution of the Second Division.
 QUALIFICATION: RESIDENCE

SVETLANA JALOSJOS vs. COMELEC

G.R. No. 193314. Feb. 26, 2013 &  June 25, 2013

HELD:

a. To be an actual and physical resident of a locality, one must have a dwelling place where one resides no
matter how modest and regardless of ownership. The mere purchase of a parcel of land does not make it
one’s residence.
b. Assuming that the claim of property ownership of is true, the ownership of a house or some other
property does not establish domicile. This principle is especially true in this case as petitioner has failed to
establish her bodily presence in the locality and her intent to stay there at least a year before the elections,
to wit:

c. To use ownership of property in the district as the determinative indicium of permanence of domicile or
residence implies that the landed can establish compliance with the residency requirement.  This Court
would be, in effect, imposing a property requirement to the right to hold public office, which property
requirement would be unconstitutional.

d. Petitioner’s stay in the house of Mrs.Yap in Brgy. Punta Miray, on the other hand, was only a temporary and
intermittent stay that does not amount to residence. It was never the intention of petitioner to reside in
that barangay, as she only stayed there at times when she was in Baliangao while her house was being
constructed.8 Her temporary stay in Brgy. Punta Miray cannot be counted as residence in Baliangao.
 QUALIFICATION: RESIDENCE
SVETLANA JALOSJOS vs. COMELEC
G.R. No. 193314, February 26, 2013 &  June 25, 2013

FACTS:

Svetlana Jalosjos - filed her CoC for mayor of Baliangao, Misamis Occidental for the 10 May 2010 elections.  She indicated therein
her place of birth and residence as Barangay Tugas, Municipality of Baliangao, Misamis Occidental.

Edwin Tumpag and Rodolfo Estrellada (private respondents) - filed Petition to Deny Due Course to or Cancel the COC arguing
that Svetlana had falsely represented her place of birth and residence, because she was in fact born in San Juan, Metro Manila, and
had not totally abandoned her previous domicile, Dapitan City.

Svetlana Jalosjos - averred that she had established her residence in the said barangay since December 2008 when she purchased
two parcels of land there, and that she had been staying in the house of a certain Mrs. Lourdes Yap (Yap) while the former was
overseeing the construction of her house. .

2nd Division of Comelec - declared Svetlana disqualified form running for the position of mayor. Comelec en Banc affirmed the
Resolution of the Second Division.

HELD:

a. Assuming that the claim of property ownership of is true, the ownership of a house or some other property does not establish
domicile. This principle is especially true in this case as petitioner has failed to establish her bodily presence in the locality and her
intent to stay there at least a year before the elections, to wit:

b. To use ownership of property in the district as the determinative indicium of permanence of domicile or residence implies that the
landed can establish compliance with the residency requirement.  This Court would be, in effect, imposing a property requirement
to the right to hold public office, which property requirement would be unconstitutional.
 QUALIFICATION - CITIZEN OF THE PHILIPPINES

LABO vs. COMELEC

G.R. No. 86564. Aug. 1, 1989

FACTS:

Ramon Labo Jr. - was married in the Philippines to an Australian citizen. He

was granted Australian citizenship on 28 July 1976. He was proclaimed
mayor-elect of Baguio City, on Jan. 20, 1988.

Luis Lardizabal - on Jan. 26, 1988 filed petition for quo warranto with the
Comelec on the ground of ineligibility of Labo.

Ramon Labo Jr. - went to the Supreme Court to restrain Comelec from
looking into the question of his citizenship as a qualification for his office as
Mayor of Baguio City.
 QUALIFICATION - CITIZEN OF THE PHILIPPINES

LABO vs. COMELEC

G.R. No. 86564. Aug. 1, 1989

HELD:

a. Labo is not now, nor was he on the day of the local elections on Jan. 18,
1988, a citizen of the Philippines.

b. He was therefore ineligible as a candidate for mayor of Baguio City, under

Sec. 42 of the Local Government Code which provides, “An elective local
official must be a citizen of the Philippines...”

c. These qualifications are continuing requirements; once any of them is lost

during incumbency, title to the office itself is deemed forfeited.
 QUALIFICATION - CITIZEN OF THE PHILIPPINES

LABO vs. COMELEC

G.R. No. 86564. Aug. 1, 1989

FACTS:

Ramon Labo Jr. - was married in the Philippines to an Australian citizen. He was granted Australian citizenship on 28
July 1976. He was proclaimed mayor-elect of Baguio City, on Jan. 20, 1988.

Luis Lardizabal - on Jan. 26, 1988 filed petition for quo warranto with the Comelec on the ground of ineligibility of
Labo.

Ramon Labo Jr. - went to the Supreme Court to restrain Comelec from looking into the question of his citizenship as
a qualification for his office as Mayor of Baguio City.

HELD:

a. Labo is not now, nor was he on the day of the local elections on Jan. 18, 1988, a citizen of the Philippines.

b. He was therefore ineligible as a candidate for mayor of Baguio City, under Sec. 42 of the Local Government Code
which provides, “An elective local official must be a citizen of the Philippines...”

c. These qualifications are continuing requirements; once any of them is lost during incumbency, title to the office
itself is deemed forfeited.
 QUALIFICATION - CITIZEN OF THE PHILIPPINES

FRIVALDO vs. COMELEC

G.R. No. 120295. June 28, 1996

FACTS:

Juan Frivaldo - filed his Certificate of Candidacy for Governor of Sorsogon in the May 8,
1995 elections. But a petition to disqualify him by reason of not being a citizen of the
Philippines was filed by Raul Lee, another candidate.

Comelec Second Division - on May 1, 1995 DISQUALIFIED Frivaldo on the ground

that he is NOT a citizen of the Philippines. His Motion for Reconsideration remained
unacted upon until after the May 8, 1995 elections. So, his candidacy continued. . On
May 11, 1995, the Comelec en banc affirmed the said Resolution. Frivaldo obtained the
highest number of votes.

Raul Lee - was proclaimed governor on June 30, 1995

On June 30, 1995 - Frivaldo’s repatriation pursuant to PD 725 was approved.

 QUALIFICATION - CITIZEN OF THE PHILIPPINES

FRIVALDO vs. COMELEC

G.R. No. 120295. June 28, 1996

HELD:

a. Since Frivaldo re-assumed his citizenship on June 30, 1995 -- the very day the term
of office of governor began -- he was therefore already qualified to be proclaimed, to
hold such office and to discharge the functions and responsibilities thereof as of said
date.

b. the citizenship requirement in the Local Government Code is to be possessed by an

elective official at the latest as of the time he is proclaimed and at the start of the
term of office to which he has been elected.

c. since Frivaldo’s reacquisition of citizenship retroacted to Aug. 17, 1994, his registration
as a voter of Sorsogon is deemed to have been validated as of said date as well.
 QUALIFICATION - CITIZEN OF THE PHILIPPINES

FRIVALDO vs. COMELEC

G.R. No. 120295. June 28, 1996

FACTS:

Juan Frivaldo - filed his Certificate of Candidacy for Governor of Sorsogon in the May 8, 1995 elections. But a petition to disqualify
him by reason of not being a citizen of the Phil. was filed by Raul Lee, another candidate.

Comelec Second Division - on May 1, 1995 DISQUALIFIED Frivaldo on the ground that he is NOT a citizen of the Phil. His MR
remained unacted upon until after the May 8, 1995 elections. So, his candidacy continued. . On May 11, 1995, the Comelec en banc
affirmed the said Resolution. Frivaldo obtained the highest number of votes.

Raul Lee - was proclaimed governor on June 30, 1995

On June 30, 1995 - Frivaldo’s repatriation pursuant to PD 725 was approved.

HELD:

a. Since Frivaldo re-assumed his citizenship on June 30, 1995 -- the very day the term of office of governor began -- he was
therefore already qualified to be proclaimed, to hold such office and to discharge the functions and responsibilities thereof as of
said date.

b. the citizenship requirement in the Local Government Code is to be possessed by an elective official at the latest as of the time he
is proclaimed and at the start of the term of office to which he has been elected.

c. since Frivaldo’s reacquisition of citizenship retroacted to Aug. 17, 1994, his registration as a voter of Sorsogon is deemed to have
been validated as of said date as well.
7. one who has violated Sec. 80 (Election campaign or partisan political activity
outside the campaign period).

a. Not every act of beneficence from a candidate may be

considered campaigning. The term campaigning should not be
made to apply to any and every act which may influence a person
to vote for a candidate, for that would be stretching too far the Pangkat Laguna
vs.
meaning of the term.
Lazaro
G.R. No. 148075. Feb. 4, 2002
b. Lazaro was not in any way directly (or) indirectly soliciting votes.
She was merely performing the duties and tasks imposed upon
her by law, which duties she has sworn to perform as the
Governor of Laguna.

8. one who spent in his election campaign an amount in excess of that allowed by
law.

Ejercito
a. Ejercito should be disqualified for spending in his election vs.
campaign an amount in excess of what is allowed by the OEC. Comelec
G.R. No. 212398. Nov. 25, 2014
1. those sentenced by final judgment for an offense involving moral turpitude.

DELA TORRE vs. COMELEC

G.R. No. 121592. July 5, 1996

FACTS:

Rolando Dela Torre - was found guilty by the MTC of violation of PD 1612 (Anti-fencing Law) on June
1, 1990. On appeal, RTC affirmed his conviction and the judgment became final on Jan. 18, 1991.

Comelec - disqualified Dela Torre from running for Mayor of Cavinti, Laguna in the last May 8, 1995
elections, citing as the ground therefor, Sec. 40(a) of RA 7160, which disqualified from running for any
elective local position those sentenced by final judgment for an offense involving moral turpitude.

Dela Torre - now seeks to nullify Comelec’s action contending that: 1. violation of Anti-fencing law does
not involve moral turpitude; 2. Sec. 40 (a) of RA 7160 does not apply because the probation granted
him by MTC on Dec. 21, 1994 which suspended the execution of the judgment of conviction and all
other legal consequences flowing therefrom, rendered inapplicable Sec.40 (a) as well.

HELD:

a. COMELEC did not err in disqualifying the petitioner on the ground that the offense of fencing of which he had
been previously convicted by final judgment was one involving moral turpitude. 
1. those sentenced by final judgment for an offense involving moral turpitude.

VILLABER vs. COMELEC

G.R. No. 148326. Nov. 15, 2001

FACTS:

Pablo Villaber - was a candidate for the 1st District of Davao Del Sur during the May 14, 2001 elections.

Douglas Cagas - sought to disqualify Villaber alleging that on March 2, 1990, Villaber was convicted by RTC-Manila
for violation of BP 22 and was sentenced to suffer one (1) year imprisonment, which according to Cagas, involves
moral turpitude; hence, under Sec. 12 of the Omnibus Election Code, he is disqualified to run for any public office.

Comelec 2nd Division - on Apr. 30, 2001, disqualified him and cancelled his certificate of candidacy; Comelec en
banc denied his motion for reconsideration.Thus, the recourse to SC.

HELD:

a. a drawer who issues an unfunded check deliberately reneges on his private duties he owes his fellow men or
society in a manner contrary to accepted and customary rule of right and duty, justice, honesty or good morals.

b. Violation of BP 22 involves moral turpitude. 

2. those sentenced by final judgment for an offense punishable by 1 year or more
of imprisonment, within 2 years after serving sentence.

MORENO vs. COMELEC

G.R. No. 168550. Aug. 10, 2006

FACTS:

Urbano Moreno - was convicted by final judgment of Arbitrary Detention and was sentenced to suffer imprisonment
of 4 Months and 1 Day to 2 Years and 4 Months on Aug. 27, 1998.

Comelec - disqualified him from running for Punong Barangay of Barangay Cabugao, Daram, Samar in the July 15,
2002 Elections.

Moreno - averred that he was already granted probation.

HELD:

a) Those who have not served their sentence by reason of the grant of probation which, should not be equated with
service of sentence, should not likewise be disqualified from running for a local elective office because the two (2)-
year period of ineligibility under Sec. 40(a) of the Local Government Code does not even begin to run.

b) Probation Law should be construed as an exception to the Local Government Code. While the Local Government
Code is a later law which sets forth the qualifications and disqualifications of local elective officials, the Probation
Law is a special legislation which applies only to probationers.
2. those sentenced by final judgment for an offense punishable by 1 year or more
of imprisonment, within 2 years after serving sentence.

DOMINADOR JALOSJOS Jr. vs. COMELEC

G.R. No. 193237. October 9, 2012

FACTS:

Dominador Jalosjos Jr. - was convicted of robbery and sentenced to prision correccional. minimum to prision mayor maximum. Court
of Appeals dismissed his appeal. In 1985, he filed an application for probation before RTC-Cebu which granted the same initially but
later revoked upon the motion filed by his Probation Officer. Jaloslos is now running for his third term as candidate for Mayor of
Dapitan City, Zamboanga del Norte in the May 2010 elections.

Agapito Cardino - filed in 2009 a petition to deny due course and to cancel the COC of Jalosjos, asserting that Jalosjos made a false
material representation in his COC when he declared under oath that he was eligible for the Office of Mayor.

First Division of Comelec - On 10 May 2010, granted Cardino’s petition and cancelled Jalosjos’ certificate of candidacy. - averred
that he was already granted probation. Comelec en Banc denied his Motion for Reconsideration. Thus, the recourse to the Supreme
Court..

HELD:

a) The perpetual special disqualification against Jalosjos arising from his criminal conviction by final judgment is a material fact
involving eligibility which is a proper ground for a petition under Section 78 of the Omnibus Election Code.

b) Jalosjos’ COC was void from the start since he was not eligible to run for any public office at the time he filed his certificate of
candidacy. Jalosjos was never a candidate at any time, and all votes for Jalosjos were stray votes.
2. those sentenced by final judgment for an offense punishable by 1 year or more
of imprisonment, within 2 years after serving sentence.

RISOS-VIDAL vs. COMELEC AND JOSEPH ESTRADA

G.R. No. 206666. Jan. 21, 2015
FACTS:

Former President Estrada - on Oct. 2, 2012, filed a COC for Mayor of the City of Manila.

Atty. Alicia Risos-Vidal - on Jan. 24, 2013, filed a Petition for Disqualification against Estrada on the theory that he
is Disqualified to Run for Public Office because of his Conviction for Plunder by the Sandiganbayan Sentencing Him to
Suffer the Penalty of Reclusion Perpetua with Perpetual Absolute Disqualification.

Second Division of Comelec- dismissed the petition for utter lack of merit citing the Commission’s earlier
declaration categorically that [former President Estrada’s] right to seek public office has been effectively restored by
the pardon vested upon him by former President Gloria M. Arroyo.Thus, the recourse to the Supreme Court.

HELD:

a) the subsequent absolute pardon granted to former President Estrada effectively restored his right to seek public
elective office.This is made possible by reading Section 40(a) of the LGC in relation to Section 12 of the OEC.

b) Section 12 of the OEC provides a legal escape from the prohibition – a plenary pardon or amnesty. In other
words, the latter provision allows any person who has been granted plenary pardon or amnesty after conviction by
final judgment of an offense involving moral turpitude, inter alia, to run for and hold any public office, whether
local or national position.
3. those removed from office as a result of an administrative case.

REYES vs. COMELEC

G.R. No. 120905. March 7, 1996

FACTS:

Renato Reyes - was elected mayor of Bongabong, Oriental Mindoro on May 11, 1992.

Sangguniang Panlalawigan - in its decision, dated Feb. 6, 1995 found Reyes guilty of various administrative offenses and
ordered his removal from office.

Reyes - on Mar. 20, 1995, filed a certificate of candidacy for mayor.

Rogelio de Castro - sought the disqualification of Reyes, citing Sec. 40, of RA 7160, which states: “The following persons are
disqualified from running for any elective local position: (b) Those removed from office as a result of an administrative case.

Comelec - on May 9, 1995 issued a resolution disqualifying Reyes from running for public office. Thus, the recourse to the
Supreme Court.

HELD:

a) Reyes failed to appeal to the Office of the President. He was thus validly removed from office and, pursuant to Sec. 40(b)
of the Local Government Code, he was disqualified from running for reelection.
3. those removed from office as a result of an administrative case.

GREGO vs. COMELEC

G.R. No. 125955. June 19, 1997

FACTS:

Humberto Basco - was removed from his position as Deputy Sheriff by the Supreme Court for serious misconduct on Oct.
31, 1981. He won as councilor of the Second District of Manila during the Jan. 18, 1988 elections and was re-elected in the
May 11, 1992 elections and in the May 8, 1995.

Wilmer Grego - filed with Comelec a petition praying that Basco should be disqualified from running far any elective
position since he had been "removed from office as a result of an administrative case" pursuant to Sec. 40(b) of RA 7160,
which took effect on Jan. 1, 1992.

Comelec - dismissed the petition for disqualification. Hence, the recourse to the Supreme Court.

HELD:

a. There is no provision in the statute which would clearly indicate that the same operates retroactively. It therefore, follows
that Sec. 40(b) of the Local Government Code is not applicable to the present case.

b. While the Legislature has power to pass retroactive laws which do not impair the obligation of contracts, or affect
injuriously vested rights, it is equally true that statutes are not to be construed as intended to have a retroactive effect so
as to affect pending proceedings, unless such intent is expressly declared or clearly and necessarily implied from the
language of the enactment.
 4. those with dual citizenship.
MERCADO vs. MANZANO
G.R. No. 135083. May 26, 1999

FACTS:

Ernesto Mamaril - sought the disqualification of Edu Manzano as candidate for Vice-Mayor of Makati City in the
May 11, 1998 elections on the ground that Manzano is an American citizen.

Second Division of Comelec - granted the petition and ordered the cancellation of the certificate of candidacy of
Manzano on the ground that he is a dual citizen and, under Sec. 40(d) of LGC, persons with dual citizenship are
disqualified from running for any elective position.

Manzano - asserted that he was born in 1955 of a Filipino father and a Filipino mother. He was born in the US on
Sep. 14, 1955, and is considered in American citizen under US Laws. But notwithstanding his registration as an
American citizen, he did not lose his Filipino citizenship.

Comelec en banc - reversed the resolution of the Second Division, and declared Manzano to be QUALIFIED as a
candidate for the position of vice-mayor of Makati City in the May 11, 1998, elections.

HELD:

a) dual citizenship is different from dual allegiance. dual citizenship as a disqualification must refer to citizens with dual allegiance.

b) Manzano’s oath of allegiance to the Philippines, when considered with the fact that he has spent his youth and adulthood, received his
education, practiced his profession as an artist, and taken part in past elections in this country, leaves no doubt of his election of Philippine
citizenship.
 4. those with dual citizenship.

LOPEZ vs. COMELEC

G.R. No. 182701. July 23, 2008

FACTS:

Eusebio Lopez- was a candidate for Barangay Chairman in Barangay Elections held on Oct. 29, 2007.

Tessie Villanueva - sought the disqualification of Lopez on the ground that he is an American citizen.

Lopez - argued that he is a dual citizen, a Filipino and at the same time an American, by virtue of R.A. 9225, (Citizenship
Retention and Re-acquisition Act of 2003). He returned to the Philippines and resided in Barangay Bagacay. Thus, he said, he
possessed all the qualifications to run for Barangay Chairman.

Comelec - ruled that to be able to qualify as a candidate in the elections, Lopez should have made a personal and sworn
renunciation of any and all foreign citizenship, failing which he is disqualified from running for an elective office. Thus, the
recourse to SC.

HELD:

a) While Lopez was able to regain his Filipino Citizenship by virtue of the Dual Citizenship Law when he took his oath of
allegiance before the Philippine Consulate, it is not enough to allow him to run for a public office.

b) Sec. 5(2), R.A. 9225 (Dual Citizenship Law) - mandates that a candidate with dual citizenship must make a personal and
sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath.
 4. those with dual citizenship.

SOBEJANA-CONDON vs. COMELEC

G.R. No. 198742. Aug. 10, 2012

FACTS:

Eusebio Lopez- was a candidate for Barangay Chairman in Barangay Elections held on Oct. 29, 2007.

Tessie Villanueva - sought the disqualification of Lopez on the ground that he is an American citizen.

Lopez - argued that he is a dual citizen, a Filipino and at the same time an American, by virtue of R.A. 9225, (Citizenship
Retention and Re-acquisition Act of 2003). He returned to the Philippines and resided in Barangay Bagacay. Thus, he said, he
possessed all the qualifications to run for Barangay Chairman.

Comelec - ruled that to be able to qualify as a candidate in the elections, Lopez should have made a personal and sworn
renunciation of any and all foreign citizenship, failing which he is disqualified from running for an elective office. Thus, the
recourse to SC.

HELD:

a) R.A. 9225 categorically demands natural-born Filipinos who re-acquire their citizenship and seek elective office, to
execute a personal and sworn renunciation of any and all foreign citizenships before an authorized public officer prior to
or simultaneous to the filing of their certificates of candidacy, to qualify as candidates in Philippine elections.

b) The rule applies to all those who have re-acquired their Filipino citizenship, like petitioner, without regard as to whether
they are still dual citizens or not. It is a pre-requisite imposed for the exercise of the right to run for public office.
 4. those with dual citizenship.

MAQUILING vs. COMELEC

G.R. No. 195649. Apr. 16, 2013

FACTS:

Rommel Arnado - is a natural born Filipino citizen. He became a naturalized American citizen. He applied for
repatriation under R.A. 9225 before the Consulate General of the Philippines in San Franciso, USA and took the Oath
of Allegiance to the Republic of the Philippines on 10 July 2008. On the same day an Order of Approval of his
Citizenship Retention and Re-acquisition was issued in his favor. On 30 Nov. 2009, he filed his CoC for Mayor of
Kauswagan, Lanao del Norte.

Linog Balua (another mayoralty candidate) - filed a petition to disqualify Arnado and/or to cancel his CoC. He
presented a computer-generated travel record dated 03 Dec 2009 indicating that Arnado has been using his US
Passport in entering and departing the Philippines. The said record shows that Arnado left the country on 14 April
2009 and returned on 25 June 2009, and again departed on 29 July 2009, arriving back in the Philippines on 24
November 2009.

Comelec - ruled that Arnado’s act of consistently using his US passport after renouncing his US citizenship on 03
April 2009 effectively negated his Affidavit of Renunciation and thus granted the petition for disqualification and/or to
cancel the certificate of candidacy. Comelec en Banc - held that Arnado is solely a Filipino citizen qualified to run
for public office despite his continued use of a U.S. passport and that the use of a US passport … does not operate
to revert back his status as a dual citizen prior to his renunciation as there is no law saying such. More succinctly, the
use of a US passport does not operate to "un-renounce" what he has earlier on renounced.

Casan Maquiling (another mayoralty candidate) - went to the Supreme Court.

 4. those with dual citizenship.

MAQUILING vs. COMELEC

G.R. No. 195649. Apr. 16, 2013

HELD:

a. While the act of using a foreign passport is not one of the acts enumerated in C.
A. No. 63 constituting renunciation and loss of Philippine citizenship, it is
nevertheless an act which repudiates the very oath of renunciation required for a
former Filipino citizen who is also a citizen of another country to be qualified to
run for a local elective position.

b. Such act of using a foreign passport does not divest Arnado of his Filipino
citizenship, which he acquired by repatriation. However, by representing himself
as an American citizen, Arnado voluntarily and effectively reverted to his earlier
status as a dual citizen. Such reversion was not retroactive; it took place the
instant Arnado represented himself as an American citizen by using his US
passport.
 4. those with dual citizenship.

MAQUILING vs. COMELEC

G.R. No. 195649. Apr. 16, 2013

FACTS:

Eusebio Lopez- was a candidate for Barangay Chairman in Barangay Elections held on Oct. 29, 2007.

Tessie Villanueva - sought the disqualification of Lopez on the ground that he is an American citizen.

Lopez - argued that he is a dual citizen, a Filipino and at the same time an American, by virtue of R.A. 9225, (Citizenship
Retention and Re-acquisition Act of 2003). He returned to the Philippines and resided in Barangay Bagacay. Thus, he said, he
possessed all the qualifications to run for Barangay Chairman.

Comelec - ruled that to be able to qualify as a candidate in the elections, Lopez should have made a personal and sworn
renunciation of any and all foreign citizenship, failing which he is disqualified from running for an elective office. Thus, the
recourse to SC.

HELD:

a) such act of using a foreign passport does not divest Arnado of his Filipino citizenship, which he acquired by repatriation.
However, by representing himself as an American citizen,

b) Arnado voluntarily and effectively reverted to his earlier status as a dual citizen. Such reversion was not retroactive; it
took place the instant Arnado represented himself as an American citizen by using his US passport.
 4. those with dual citizenship.

AGUSTIN vs. COMELEC

G.R. No. 207105. Nov. 10, 2015

FACTS:

Arsenio Agustin - was naturalized as a citizen of the USA. He re-acquired Philippine

citizenship pursuant to R.A. 9225. HE took his Oath of Allegiance on Mar. 9, 2012 and
executed his Affidavit of Renunciation on Oct. 2, 2012. By his Oath of Allegiance and his
renunciation of his USA citizenship, he reverted to the status of an exclusively Filipino
citizen. On Oct. 5, 2012, he filed his CoC for the position of of Mayor of the Municipality
of Marcos, Ilocos Norte to be contested in the May 13, 2013 local elections. Oct. 6,
2012, he travelled abroad using his USA passport. He continued using his USA passport
in his subsequent travels abroad despite having been already issued his Philippine
passport on August 23, 2012.

Salvador S. Pillos - a rival mayoralty candidate, filed in the COMELEC a Petition To Deny
Due Course and/or to Cancel the Certificate of Candidacy of Arsenio A. Agustin.
 4. those with dual citizenship.

AGUSTIN vs. COMELEC

G.R. No. 207105. Nov. 10, 2015

HELD:

a. The petitioner's continued exercise of his rights as a citizen of the USA

through using his USA passport after the renunciation of his USA
citizenship reverted him to his earlier status as a dual citizen.

b. Such reversion disqualified him from being elected to public office in the
Philippines pursuant to Section 40(d) of the Local Government Code, viz.:
Section 40. Disqualifications. - The following persons arc disqualified from
running for any elective local position: (d) Those with dual citizenship;
 4. those with dual citizenship.

AGUSTIN vs. COMELEC

G.R. No. 207105. Nov. 10, 2015

FACTS:

Eusebio Lopez - was a candidate for Barangay Chairman in Barangay Elections held on Oct. 29, 2007.

Tessie Villanueva - sought the disqualification of Lopez on the ground that he is an American citizen.

Lopez - argued that he is a dual citizen, a Filipino and at the same time an American, by virtue of R.A. 9225, (Citizenship
Retention and Re-acquisition Act of 2003). He returned to the Philippines and resided in Barangay Bagacay. Thus, he said, he
possessed all the qualifications to run for Barangay Chairman.

Comelec - ruled that to be able to qualify as a candidate in the elections, Lopez should have made a personal and sworn
renunciation of any and all foreign citizenship, failing which he is disqualified from running for an elective office. Thus, the
recourse to SC.

HELD:

a) The petitioner's continued exercise of his rights as a citizen of the USA through using his USA passport after the
renunciation of his USA citizenship reverted him to his earlier status as a dual citizen. Such reversion disqualified him
from being elected to public office in the Philippines pursuant to Section 40(d) of the Local Government Code,
 5. fugitives from justice in criminal and non-political case here and abroad.

RODRIGUEZ vs. COMELEC

G.R. No. 120099. July 24, 1996

FACTS:

Eduardo Rodriguez- won as governor of Quezon Province in the May 1992 elections.

Beinvenido Marquez - filed quo warranto before Comelec alleging that Rodriguez left the US where a charge, filed on Nov.
12, 1985, is pending against him for fraudulent insurance claims, grand theft and attempted grand theft of personal property.
Rodriguez is therefore a "fugitive from justice”.

Comelec - dismissed the petition. Hence the recourse to the Supreme Court.

HELD:

a) Rodriguez’ arrival in the Philippines from the US on June 25, 1985, preceded the filing of the felony complaint in L.A.
Court on Nov. 12, 1985 and of the issuance on even date of the arrest warrant by the same foreign court, by almost 5
months.

b) It was impossible for Rodriguez to have known about such complaint and arrest warrant at the time he left the US, as
there was in fact no complaint and arrest warrant — much less conviction — to speak of yet at such time. What
prosecution or punishment then was Rodriguez deliberately running away from with his departure from the US?
6. permanent residents in foreign country or those who have acquired the
right to reside abroad and continue to avail of the same right after the
effectivity of the Local Government Code.

CAASI vs. COMELEC

G.R. No. 88831. Nov. 8, 1990

FACTS:

Anecito Cascante - filed petition with Comelec to disqualify Merito Miguel prior to the local elections on Jan. 18, 1988.

Merito Miguel - was elected municipal mayor of Bolinao, Pangasinan, in said local elections.

Mateo Caasi - filed Quo Warranto with the Court of Appeals against Miguel on account of his being a green card holder.

Comelec - dismissed the petition for disqualification; while the Court of Appeals dismissed the Quo Warranto.

Caasi and Cascante - filed separate petitions for review.

HELD:

a) To be "qualified to run for elective office" in the Philippines, the law requires that the candidate who is a green card
holder must have "waived his status as permanent resident or immigrant of foreign country."

b) waiver of his green card should be manifested by some act independent of and done prior to filing his candidacy.
Without such prior waiver, he was "disqualified to run for any elective office.”
7. one who has violated Sec. 80 (Election campaign or partisan
political activity outside the campaign period).

PANGKAT LAGUNA vs. LAZARO

G.R. No. 148075. Feb. 4, 2002

FACTS:

Teresita Ningning Lazaro - On 28 Feb. 2001, filed her COC for governor of Laguna.

Pangkat Laguna (duly registered political party) - on 04 May 2001, filed with Comelec a
petition which sought to disqualify Lazaro as candidate in the gubernatorial race alleging that
Lazaro ordered the purchase trophies, basketballs, volleyballs, chessboard sets, and t-shirts, medals
and pins, amounting to more than P4 million pesos, which is violative of Sec. 80 (Election
campaign or partisan political activity outside the campaign period) and Sec. 261(v) (Prohibition
against release, disbursement or expenditure of public funds) of the Omnibus Election Code. She
ordered the purchase trophies, basketballs, volleyballs, chessboard sets, and t-shirts

Comelec Second Division - granted the petition to disqualify Lazaro prompting her to file a
motion for reconsideration before the COMELEC en banc. The COMELEC en banc granted her
Motion for Reconsideration.Thus the recourse to the Supreme Court.
7. one who has violated Sec. 80 (Election campaign or partisan
political activity outside the campaign period).

PANGKAT LAGUNA vs. LAZARO

G.R. No. 148075. Feb. 4, 2002

HELD:

a. Not every act of beneficence from a candidate may be considered

campaigning. The term campaigning should not be made to apply to any
and every act which may influence a person to vote for a candidate, for
that would be stretching too far the meaning of the term.

b. Lazaro was not in any way directly (or) indirectly soliciting votes. She was
merely performing the duties and tasks imposed upon her by law, which
duties she has sworn to perform as the Governor of Laguna.
7. one who has violated Sec. 80 (Election campaign or partisan
political activity outside the campaign period).
PANGKAT LAGUNA vs. LAZARO
G.R. No. 148075. Feb. 4, 2002

FACTS:

Teresita Ningning Lazaro - On 28 Feb. 2001, filed her COC for the gubernatorial position of Laguna.

Pangkat Laguna (duly registered political party) - on 04 May 2001, filed with Comelec a petition which sought to
disqualify Lazaro as candidate in the gubernatorial race alleging that Lazaro committed acts violative of Section 80
(Election campaign or partisan political activity outside the campaign period) and Section 261(v) (Prohibition against
release, disbursement or expenditure of public funds) of the Omnibus Election Code.

Comelec Second Division - granted the petition to disqualify Lazaro prompting her to file a motion for
reconsideration before the COMELEC en banc. the COMELEC en banc promulgated granted her Motion for
Reconsideration.Thus the recourse to the Supreme Court.

HELD:

a) Not every act of beneficence from a candidate may be considered campaigning. The term campaigning should not be
made to apply to any and every act which may influence a person to vote for a candidate, for that would be stretching
too far the meaning of the term.

b) Lazaro was not in any way directly (or) indirectly soliciting votes. She was merely performing the duties and
tasks imposed upon her by law, which duties she has sworn to perform as the Governor of Laguna.
8. one who spent in his election campaign an amount in excess of that
allowed by law.

EJERCITO vs. COMELEC

G.R. No. 212398. Nov. 25, 2014

FACTS:

Edgar San Luis (candidate for governor) - three days prior to the May 13, 2013 Elections, filed
petition for disqualification with Comelec against Ejercito alleging that based on Comelec Records:
Laguna has a total of 1,525,522 registered electorate. Under the FAIR ELECTION ACT the
aggregate amount that a candidate or party may spent for election campaign shall be: For
candidates – P3.00 for every voter currently registered in the constituency where the candidate
filed his COC. Thus, a candidate for Gov. of Laguna is only authorized to incur an election expense
of Php4,576,566.00 PESOS. However, Ejercito exceeded his expenditures in relation to his
campaign for the 2013 election. For television campaign commercials alone, Ejercito already spent
the sum of PhP23,730.784.

Comelec First Division - granted the petition to disqualify Ejercito. COMELEC en banc. the
COMELEC en banc agreed with the findings of the First Division. Ejercito filed petition for
certiorari with the Supreme Court.
8. one who spent in his election campaign an amount in excess of that
allowed by law.

EJERCITO vs. COMELEC

G.R. No. 212398. Nov. 25, 2014

HELD:

a. Ejercito should be disqualified for spending in his election

campaign an amount in excess of what is allowed by the OEC.

b. Indeed, to rule otherwise would practically result in an

unlimited expenditure for political advertising, which skews the
political process and subverts the essence of a truly democratic
form of government.
8. one who spent in his election campaign an amount in excess
of that allowed by law.
EJERCITO vs. COMELEC
G.R. No. 212398. Nov. 25, 2014

FACTS:

Edgar San Luis (candidate for governor) - three days prior to the May 13, 2013 Elections, filed petition for
disqualification with Comelec in Manila against Ejercito alleging that based on Comelec Records: Laguna has a total
of 1,525,522 registered electorate. Under the FAIR ELECTION ACT the aggregate amount that a candidate or party
may spent for election campaign shall be as follows: For candidates – Three pesos (P3.00) for every voter currently
registered in the constituency where the candidate filed his COC. Thus, a candidate for Governor of Laguna is only
authorized to incur an election expense amounting to FOUR MILLION FIVE HUNDRED SEVENTY-SIX THOUSAND
FIVE HUNDRED SIXTY-SIX (P4,576,566.00) PESOS. However, Ejercito exceeded his expenditures in relation to his
campaign for the 2013 election. For television campaign commercials alone, Ejercito already spent the sum of
PhP23,730.784.

Comelec First Division - granted the petition to disqualify Ejercito. COMELEC en banc. the COMELEC en banc
agreed with the findings of the First Division. Ejercito filed petition for certiorari with the Supreme Court.

HELD:

a) Ejercito should be disqualified for spending in his election campaign an amount in excess of what is allowed by
the OEC.
 Qualifications of Candidates for National Elective Offices

POSITION PRES. & VICE PRES. SENATE HOUSE OF REP.

BASIS Sec. 2, Art. VII, Constitution Sec. 3, Art. VI, Constitution Sec. 6, Art. VI, Constitution

CITIZENSHIP natural born natural born natural born

at least at least at least

AGE 40 years old 35 years old 25 years old
on the day of the election on the day of the election on the day of the election

able to read able to read able to read

LITERACY
and write and write and write

registered voter in the

VOTER
registered voter registered voter district in which
REGISTRATION
he shall be elected

resident of Phil. resident of Phil. resident of district

RESIDENCE at least 10 yrs. not less than 2 yrs. not less than 1 year
preceding election preceding election preceding election
 Qualifications of Candidates for Local Elective Offices

POSITION GOV. & VICE GOV. MAYOR (HUC) MAYOR & VM (CITY) SP & SB

BASIS Sec. 39, RA 7160 Sec. 39, RA 7160 Sec. 39, RA 7160 Sec. 39, RA 7160

CITIZENSHIP citizen citizen citizen citizen

at least at least at least at least

AGE 23 years old 23 years old 21 years old 18 years old
on election day on election day on election day on election day

able to read and able to read and able to read and able to read and
LITERACY write Filipino or write Filipino or write Filipino or write Filipino or
other local language other local language other local language other local language

registered voter
VOTER
registered voter registered voter registered voter in district in which
REGISTRATION he shall be elected

resident of province at resident of district at

resident of city at least 1
least 1 year preceding resident of city at least least 1 year preceding
year preceding election
election 1 year preceding election election
RESIDENCE resident of Phil. not less
resident of Phil. not less resident of Phil. not less than resident of Phil. not less
than 2 yrs. preceding
than 2 years preceding 2 years preceding election than 2 years preceding
election
election election