Professional Documents
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Certificates of Candidacy and Campaign Period-Notes
Certificates of Candidacy and Campaign Period-Notes
Certificates of Candidacy
WHO MAY FILE:
1.
2.
3.
4.
citizen
registered voter
read/write Filipino
1-yr. residence
WHEN TO FILE: not later than the day before the date legally fixed for the beginning of the campaign period
(90-45-15)
WHERE FILED: Comelec (5 legible copies)
HOW FILED: personally filed or by duly authorized representative
EFFECT OF FILING (Comelec Resolution No. 6520, Jan. 6, 2004; RA 9006)
Prior to Reso. 6520, any elective official running for public office other than the one he is currently
holding in permanent capacity is considered ipso facto resigned from his office upon filing of the
certificate of candidacy. However, after the COMELEC Resolution was passed, elective officials are
now no longer deemed resigned should they run for office
RA 9006 repealed Sec. 67 but maintained Sec. 66 of the Omnibus Election Code so that now, only
appointive officials running for elective office are deemed resigned upon filing of certificate of
candidacy
Residence - imports not only an intention to reside in a fixed place but also personal presence in that place,
coupled with conduct indicative of such intention
ELEMENTS OF ACQUISITION OF NEW DOMICILE:
1. residence or bodily presence in the new locality
2. intention to remain there
3. intention to abandon the old domicile - animus manendi + animus non revertendi
NOTA BENE: The purpose to remain at the domicile of choice must be for an indefinitive period of time; change of residence must be
voluntary; and residence at the place chosen for the new domicile must be actual.
Tess Dumpit-Michelena vs. Boado, G.R. No. 163619-20, Nov. 17, 2005
Dumpit-Michelena is running for mayor in the municipality of Agoo, La Union. Her disqualification was sought
on the claim that she is a resident and was a registered voter of Naguilian and not Agoo, La Union. DumpitMichelena countered that she already acquired a new domicile in Agoo when she purchased a residential lot
there, designating a caretaker of her house. Supreme Court held that Dumpit-Michelena failed to comply with
the 1-yr. residency requirement in the place where she intends to be elected.
REQUIREMENTS FOR A CHANGE OF DOMICILE:
(1) an actual removal or an actual change of domicile;
(2) a bona fide intention of abandoning the former place of residence and establishing a new one
(3) acts which correspond with the purpose
Dumpit-Michelena failed to establish that she has abandoned her former domicile. Evidence shows that her
house in Agoo is beach house and a beach house is at most a place of temporary relaxation. It can hardly be
considered a place of residence. Moreover, her designation of a caretaker only shows that she does not regularly
reside in the place.
DISQUALIFICATIONS (Sec. 68, BP 881)
1. given money or other material consideration to influence, induce or corrupt the voters or public officials
performing electoral functions
2. committed acts of terrorism to enhance his candidacy
3. spent in his election campaign an amount in excess of that allowed by law
4. solicited, received, or made any prohibited contributions
5. permanent resident of or an immigrant to a foreign country, UNLESS he waives such status
Supreme Court held that the issue has been rendered moot and academic by the expiration of petitioners
challenged term of office. Also, Sunga cannot claim any right to the office even if Trinidad was disqualified for
the reason that to simplistically assume that the second placer would have received the other votes would be to
substitute our judgment for the mind of the voter. The second placer is just that, a second placer. He lost the
elections. He was repudiated by either a majority or plurality of voters. He could not be considered the first
among qualified candidates because in a field which excludes the disqualified candidate, the conditions would
have substantially changed. xxx To allow the private respondent, a defeated and repudiated candidate, to take
over the mayoralty despite his rejection by the electorate is to disenfranchise the electorate without any fault on
their part and to undermine the importance and meaning of democracy and the peoples right to elect officials of
their choice.
Petition to Deny Due Course or Cancel Certificate of Candidacy (Sec. 78, BP 881; Sec.
5 & 7, RA 6646)
WHO CAN FILE: any party
HOW: petition to deny due course or cancel certificate of candidacy under oath
WHEN: any time not later than 25 days from filing of certificate of candidacy
WHERE: COMELEC must decide the case not later than 15 days before election (period is not mandatory
however)
EXCLUSIVE GROUND: material misrepresentation
False Representation - deliberate intent to mislead, misinform or hide a fact which would otherwise render a
candidate ineligible to run for elective office; intention to deceive the electorate
ELEMENTS FALSE REPRESENTATION:
1. Materiality
2. Intention to mislead
Q: What is the effect if the petition to deny due course has been granted?
A: If it has already attained final judgment, the election of that candidate is suspended and the votes cast in his
favor are not counted. However, if after the election is finished pending resolution of the case, the votes cast in
his favor are counted but the COMELEC may suspend the proclamation.
Nuisance Candidate
- a candidate whose filing of the certificate of candidacy has been shown to put the election process in mockery
or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates
or by other circumstances or acts which clearly demonstrated the candidate has no bona fide intention to run for
the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the
true will of the electorate (Sec. 69, BP 881)
file verified petition within 5 days from last day of filing of certificate of candidacy
upon receipt, within 3 days, COMELEC issues summons
verified answer within 3 days from receipt of summons
hearing (summary in character) - by COMELEC official who is a lawyer; RECOMMENDATION:
within 5 days from submission of evidence; DECISION: within 5 days from receipt of recommendation
5. Final and executory after 5 days from receipt by parties of the decision, UNLESS stayed by Supreme
Court
6. DISSEMINATION: within 24 hours through the fastest available means
Substitution
Sec. 77, BP 881: Candidates in case of death, disqualification or withdrawal of another If after the last day for the filing of certificate
of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a
person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died,
withdrew or was disqualified. xxxx
NOTA BENE: A person without a valid certificate of candidacy cannot be considered as a candidate, much the same as one who has
no certificate of candidacy. And because Ong is not a candidate, then he cannot be substituted because substitution presupposes that
the person to be substituted is a candidate.
A: For President, Vice-President and Senators, the period begins 90 days before the day of election. For
Congress and other elective officials, it begins 45 days before the day of election. Violation of the period
constitutes an election offense.
NOTA BENE:
This presupposes that the person is already a candidate i.e. he has filed his certificate of candidacy. But if the person has not
yet filed his certificate of candidacy and has started campaigning for votes even though the campaign period has yet to start,
this cannot be considered an election offense.
Automated Election Law, or Republic Act 8436, provides that a person who has filed a certificate of candidacy is not a
candidate until the campaign period starts.
Penera vs. COMELEC, G.R. No. 181613, November 25, 2009: What the law (RA 8436) says is any unlawful act or
omission applicable to a candidate shall take effect only upon the start of the campaign period. The plain meaning of this
provision is that the effective date when partisan political acts become unlawful as to a candidate is when the campaign
period starts. Before the start of the campaign period, the same partisan political acts are lawful.
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