RESOLUTION No.

9048

RULES DELEGATING TO COMELEC FIELD OFFICIALS THE AUTHORITY TO HEAR AND RECEIVE
EVIDENCE IN DISQUALIFICATION CASES FILED IN CONNECTION WITH THE
OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS.

Promulgation: 05 October 2010

The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus
Election Code and other election laws, RESOLVED to promulgate, as hereby RESOLVES to
promulgate, the following rules:

SECTION 1. Delegation of authority to hear and receive evidence. – The

Commission on Elections (Commission) hereby designates its field officials who are members of the
Philippine Bar to hear and receive evidence only for the following Petitions:

a) To deny due course or to cancel certificate of candidacy;

b) To declare a candidate as a nuisance candidate;
c) To disqualify a candidate pursuant to Sec. 68 of the Omnibus Election Code; and
d) To disqualify a candidate for lack of qualifications or possessing some grounds for disqualification.

SEC. 2. Suspension of the Comelec Rules of Procedure. – In the interest of justice and
in order to attain speedy disposition of cases, the application of the Comelec Rules of Procedure or any
portion thereof inconsistent herewith is hereby suspended.

SEC. 3. Where to file petitions. – The petitions shall be filed with the following offices of the
Commission:

a) Office of the City/Municipal Election Officer where the candidate filed his certificate of candidacy,
in case the Election Officer is a member of the Philippine Bar;
b) Office of the Provincial Election Supervisor of the province concerned, or, in the case of the
National Capital Region (NCR), with the Office of the Regional Election Director of NCR, in case the
City/Municipal Election Officer where the candidate filed his certificate of candidacy is not a lawyer;
c) Office of the Regional Election Director concerned, in case the Provincial Election Supervisor is not a
lawyer.

No petition filed in offices other than those enumerated above shall be accepted.

SEC. 4. Petitions filed through mail or not in accordance with rules; Effect. –
Petitions filed through mail and/or not in accordance with the herein rules shall not be accepted or
docketed. However, petitioner may re-file the petition in accordance with the herein rules and before
the lapse of the reglementary period provided for each petition.
 SEC. 5. Procedure in filing petitions. – For purposes of the preceding section, the following
procedure shall be observed:

A. PETITION TO DENY DUE COURSE OR TO CANCEL CERTIFICATE OF

CANDIDACY
1) A verified petition to deny due course or to cancel certificate of candidacy may be filed by any
person within five (5) days from the last day for the filing of certificate of candidacy but not later than
fifteen (15) days from the time of the filing of certificate of candidacy under Sec. 78 of the Omnibus
Election Code (OEC).

2) The petition shall be filed in ten (10) legible copies, personally or through a duly authorized
representative, with the offices mention in Sec. 3 hereof by any person of voting age exclusively on the
ground that any material representation contained therein as required under Sec. 74 of the OEC, is
false.

B. PETITION TO DECLARE A NUISANCE CANDIDATE

1) A verified petition to declare a duly registered candidate as a nuisance candidate under Sec. 69 of
OEC, as amended by Sec. 5 of RA 6646, must be filed within five (5) days from the last day for filing of
certificates of candidacy.

2) The petition shall be filed in ten (10) legible copies personally or through a duly authorized
representative with the offices mentioned in Sec. 3 by any candidate for the same office on the
following grounds:

a) The certificate of candidacy has been filed to put the election process in mockery or disrepute;
b) The certificate of candidacy causes confusion among the voters by the similarity of the names of the
registered candidates; or
c) By other acts or circumstances which clearly demonstrate that the candidate has no bona fide
intention to run for the office for which the certificate of candidacy has been filed and thus prevent
the faithful determination of the true will of the electorate.

C. PETITION TO DISQUALIFY A CANDIDATE PURSUANT TO SEC. 68 OF

THE OMNIBUS ELECTION CODE AND PETITION TO DISQUALIFY FOR LACK OF
QUALIFICATIONS OR POSSESSING SOME GROUNDS FOR
DISQUALIFICATIONS

1) A verified petition to disqualify a candidate pursuant to Sec. 68 of the OEC and the verified petition
to disqualify a candidate for lack of qualifications or possessing some grounds for disqualification may
be filed on any day after the last day for filing of certificates of candidacy but not later than the date
of proclamation.

2) The petition to disqualify a candidate pursuant to Sec. 68 of the OEC shall be filed in ten (10) legible
copies with the concerned office mentioned in Sec. 3 hereof, personally or through a duly authorized
representative by any citizen of voting age, or organization or coalition against any candidate who, in
an action or protest in which he is a party, is declared by final decision of a competent court guilty of
or found by the Commission of, having:
 (a) Given money or other material consideration to influence, induce or corrupt the voters or public
officials performing electoral functions; or
(b) Committed acts of terrorism to enhance his candidacy; or
(c) Spent in his election campaign an amount in excess of that allowed by the OEC; or
(d) Solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104 of
the OEC; or
(e) Violated any of Section 83, 86 and 261, paragraphs d, e, k, v, and cc sub-paragraph 6 of the OEC.
Said candidate shall be disqualified from continuing as a candidate, or if he has been elected, from
holding the office.

3) The petition to disqualify a candidate for lack of qualification or possessing some grounds for
disqualification, shall be filed in ten (10) legible copies with the concerned office mentioned in Sec. 3
hereof, personally or through duly authorized representative by any person of voting age, on the
grounds that the candidate does not possess all the qualifications of a candidate as provided for by the
Constitution or by existing law or possesses some grounds for disqualification,

(a) Disqualifications under existing election laws:

i) For not being a citizen of the Philippines;

ii) For being a permanent resident of or an immigrant to a foreign country;
iii) For lack of the required age;
iv) For lack of residence;
v ) For not being a registered voter; or
vi) For not being able to read and write;

(b) Disqualifications under Sections 40 and 43 of the Local Government Code (RA 7160):

i) Those sentenced by final judgment for an offense involving moral turpitude or for an offense
punishable by one (1) year or more of imprisonment, within two (2) years after service of sentence;
ii) Those removed from office as a result of an administrative case;
iii) Those convicted by final judgment for violating the oath of allegiance to the Republic;
iv) Those with dual citizenship;
v) Fugitives from justice in criminal or non-political cases here or abroad;
vi) Permanent residents in a 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;
vii) The insane or feeble-minded; or
viii) Those elected and served for more than three (3) consecutive terms in the same position.

D. COMMON PROCEDURES:
1) Petitioner shall, before filing of the petition, furnish a copy of the petition, through personal
service, to the respondent. In case personal service is not feasible, or the respondent refuses to
receive the petition or the respondent’s whereabouts cannot be ascertained, the petitioner shall
execute an affidavit stating the reason or circumstances therefor.

2) Proof of service or the affidavit shall be attached to the petition to be filed with the appropriate
office.
3) Upon payment of the filing fee of P3,000.00 and legal research fee of P100.00, the office concerned
shall docket the petition and assign to it a docket number, which must be consecutive according to the
order of receipt, and must bear the year and prefixed as SPA with the corresponding initial name of the
office, i.e., SPA (RED BRGY) No. A10-001; SPA (RED SK) No. A10-001; SPA (PES BRGY) No. A10-001; SPA
(PES SK) No. A10-001; (EO BRGY) No. A10-001; SPA (EO SK) No. A10-001.

No petition shall be docketed unless the requirements in the preceding paragraphs have been complied
with.

4. Upon proper filing and docketing of the petition, the office concerned shall, within one (1) calendar
day issue summons with notice of hearing through personal service or telegram to the respondent and
notice of hearing to the petitioner.

The hearing shall be set on the third (3rd) day after service of summons.

The RED/PES/EO concerned shall utilized the services of the PNP or other law enforcement agencies to
cause the personal service of summons within twenty-four (24) hours from the filing and docketing of
the petition, in cases where personal service of the petition to the respondent is not feasible.

5. Within two (2) days from receipt of summons, the respondent shall, personally or through his
authorized representative, file his verified answer (not a motion to dismiss) to the petition in ten (10)
legible copies, with proof of personal service of answer upon the petitioner. Grounds for Motion to
Dismiss may be raised as an affirmative defense;

6. The proceeding shall be summary in nature. In lieu of oral testimonies, the parties shall submit the
affidavits of their witnesses and other documentary evidence together with their position papers or
memoranda.

The Position Paper or Memorandum of each party shall contain the following:

a) A “Statement of the Case”, which is a clear and concise statement of the nature of the
action, a summary of the documentary evidence, and other matters necessary to an understanding of
the nature of the controversy;

b) A “Statement of the Issues”, which is a clear and concise statement of the issues;

c) The “Argument” which is a clear and concise presentation of the argument in support of each
issue; and

d) The “Relief” which is a specification of the judgment which the party seeks to obtain. The issues
raised in his pleadings that are not included in the Memorandum/Position Paper shall be deemed
waived or abandoned. The Commission may consider the Memorandum/Position Paper alone in deciding
or resolving the petition, said Memorandum/Position Paper being a summation of the parties’ pleadings
and documentary evidence.

7) The hearing must be completed within five (5) days from the date of the filing of the answer. The
hearing officer concerned shall, personally or through his authorized representative, submit to the
Office of the Clerk of the Commission within three (3) days from the completion of the hearing and
reception of evidence, his recommendation and the complete records of the case;

8) Upon receipt of the case, the Clerk of the Commission shall immediately docket the case
consecutively, and calendar the same for raffle to a Division;

9) The Division to which the case is raffled shall, after consultation, immediately assign the same
through raffle, to a member who shall review the recommendation and/or pen the decision within
three (3) days from the date of consultation.

SEC. 6. Promulgation. – The promulgation of a decision or resolution of the Commission en banc

or a Division shall be made by filing or delivering a complete copy of the decision, resolution, order or
ruling to the Clerk of the Commission concerned.

SEC. 7. Motion for Reconsideration. – A motion to reconsider a decision, resolution, order or

ruling of a Division shall be filed within three (3) days from the promulgation thereof. Such motion, if
not pro-forma suspends the execution of the decision, resolution, order and ruling.

Within twenty-four (24) hours from the filing thereof the Clerk of the Commission shall notify the
Presiding Commissioner of the Division. The latter shall within two (2) days thereafter certify the case
to the Commission en banc.

The Clerk of the Commission shall calendar the motion for reconsideration for the resolution of the
Commission en banc within three (3) days from the certification thereof.

SEC. 8. Effectivity. – This Resolution shall take effect immediately after its publication in two (2)
daily newspapers of general circulation in the Philippines.

The Education and Information Department, this Commission, shall cause the publication of this
Resolution in two (2) daily newspapers of general circulation in the Philippines, furnish copies of said
Resolution to the Regional Election Directors, Provincial Election Supervisors, Election Officers, of this
Commission and give it the widest dissemination possible.

S0 ORDERED.

(Sgd.) JOSE A.R. MELO

Chairman

(Sgd.) RENE V. SARMIENTO (Sgd.) NICODEMO T. FERRER

Commissioner Commissioner

(Sgd.) LUCENITO N. TAGLE (Sgd.) ARMANDO C. VELASCO

Commissioner Commissioner

(On Leave)
(Sgd.) GREGORIO Y. LARRAZABAL
ELIAS R. YUSOPH
Commissioner
Commissioner