Candidates Flashcards
What are the qualifications for President and Vice President of the Philippines?
- Natural‐born citizen of the Philippines 2. Registered voter
- Able to read and write
- At least 40 years of age at the day of
election - And a resident of the Philippines for at
least ten years immediately preceding such election. (Sec. 63, B.P. No. 881 Omnibus Election Code)
What are the qualifications of elective local officials?
A:
1. Must be a citizen of the Philippines
2. A registered voter in the barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sanggunian bayan, the district where
he intends to be elected
3. A resident therein for at least one (1)
year immediately preceding the day of
the election
4. And able to read and write Filipino or
any other local language or dialect. (Sec. 39, R.A. No. 7160 Local Government Code of the Philippines)
What are the grounds for disqualification of a candidate?
- Declared as incompetent or insane by competent authority
- Convicted by final judgment for subversion, insurrection, rebellion, or any offense for which he has been sentenced to a penalty of 18 months imprisonment
- Convicted by final judgment for a crime involving moral turpitude
- Election offenses under Sec. 68 of the Omnibus Election Code
- Committing acts of terrorism to enhance candidacy
- Spending in his election campaign an amount in excess of that allowed
- Soliciting, receiving, making prohibited contributions
- Not possessing qualifications and possessing disqualifications under the Local Government Code
- Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment within two years after serving sentence
- Removed from office as a result of an administrative case
- Convicted by final judgment for violating the oath of allegiance to the Republic
- Dual citizenship (more specifically, dual allegiance)
- Fugitives from justice in criminal or non‐political cases here or abroad
- Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right
- Insane or feeble‐ minded
- Nuisance candidate
- Violation of Sec. 73 OEC with regard to COC
- Violation of Sec. 78: material misrepresentation in the COC
TorF. When a candidate has not yet been disqualified by final judgment during the election day and was voted for, the votes cast in his favor cannot be declared stray.
True. Codilla v. De Venecia, G.R. No. 150605, Dec. 10, 2002
What is a certificate of candidacy (CoC)?
It is the formal manifestation to the whole world of the candidate’s political creed or lack of political creed.
What is the purpose of the law in requiring the filing of certificate of candidacy and in fixing the time limit therefor?
1.To enable the voters to know, at least 60 days before the regular election, the candidates among whom they have to choose, and
2. To avoid confusion and inconvenience in the tabulation of the votes cast. (Miranda v. Abaya, G.R. No. 136351, July 28, 1999)
Ka Roger went to Laguna to file his COC. The election officer refused to receive Ka Roger’s CoC because he seeks to achieve his goals through violence. Is the refusal valid?
No. It is the ministerial duty on the part of the election officer to receive and acknowledge receipt of the CoC. The question of whether or not a person is disqualified belongs to another tribunal in an appropriate disqualification case.
What is the effect of filing a certificate of candidacy on the tenure of incumbent government officials?
Appointive official – Sec. 66 of the OEC provides that any person holding an appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in GOCCs, shall be considered ipso facto RESIGNED from his office upon the filing of his certificate of candidacy. Such resignation is irrevocable.
Elective official – No effect. The candidate shall continue to hold office, whether he is running for the same or a different position. (Sec. 14, Fair Elections Act expressly repealed Sec. 67 of BP 881)
Do the deemed‐resigned provisions which are applicable to appointive officials and not with elective officials violate the equal protection clause of the constitution?
No. The legal dichotomy created by the Legislature is a reasonable classification, as there are material and significant distinctions between the two classes of officials. This is because elected public officials, by the very nature of their office, engage in partisan political activities almost all year round, even outside of the campaign period. Political partisanship is the inevitable essence of a political office, elective positions included. The equal protection of the law clause in the Constitution is not absolute, but is subject to reasonable classification. Substantial distinctions clearly exist between elective officials and appointive officials. The former occupy their office by virtue of the mandate of the electorate. They are elected to an office for a definite term and may be removed therefrom only upon stringent conditions. On the other hand, appointive officials hold their office by virtue of their designation thereto by an appointing authority. Some appointive officials hold their office in a permanent capacity and are entitled to security of tenure while others serve at the pleasure of the appointing authority. (Quinto v. COMELEC, Feb. 22, 2010, G.R. 189698)
What is the duty of the COMELEC in receiving CoCs?
GR: When a candidate files his COC, the COMELEC has a ministerial duty to receive and acknowledge its receipt pursuant to Section 76, of the Election Code. The COMELEC may not, by itself, without the proper proceedings, deny due course to or cancel a COC filed in due form. (Luna vs. COMELEC, G.R. No. 165983, April 24, 2007)
XPN:
1. Nuisance candidates—Sec. 69 of the OEC
2. Petition to deny due course or to cancel a COC—Sec. 78 of the OEC 166
3. Filing of a disqualification case on any of the grounds enumerated in Section 68, OEC.
Can you withdraw the CoC?
Yes. A person who has filed a CoC may, prior to the election, withdraw the same by submitting to the office concerned (COMELEC) a written declaration under oath. (Sec. 73, Omnibus Election Code)
On the last day of filing a CoC, March 31, Jose Monsale withdrew his CoC. April 1, campaign period started. On April 2, he wanted to run again so he filed a written declaration withdrawing his withdrawal. Is his act of withdrawing the withdrawal valid?
No. The withdrawal of the withdrawal of the CoC made after the last day of filing is considered as filing of a new CoC. Hence, it was not allowed since it was filed out of time. (Monsale v. Nico, G.R. No. L‐2539, May 28, 1949)
Explain the concept of “substitution of candidacy”.
If after the last day for the filing of certificates of candidacy, an official candidate of a political party: (1) dies, (2) withdraws or is (3) disqualified for any cause—a person belonging to, and certified by, the same political party may file a certificate of candidacy not later than mid‐day of election day to replace the candidate who died, withdrew or was disqualified. (COMELEC Reso. No. 9140)
May an independent candidate be substituted?
no substitution shall be allowed for any independent candidate.
What are the requisites for valid substitution?
GR:
1. The substitute must belong to the same party
2. The deceased, disqualified or withdrawn candidate must have duly file a valid certificate of candidacy. (Ibid.)
XPN: This does not include those cases where the certificate of candidacy of the person to be substituted had been denied due course and canceled under Section 78 of the Omnibus Election Code. While the law enumerated the occasion where a candidate may be validly substituted, there is no mention of the case where a candidate is excluded not only by disqualification but also by denial and cancellation of his certificate of candidacy. (Ong v. Alegre, G.R. No. 163295, January 23, 2006)
When may substitution take place?
Substitution can only take place on the first day of campaign period until not later than mid‐day of election day. (COMELEC Reso. No. 9140)
Martin de Guzman died while campaigning. His son substituted him. Voters on the day of the election wrote Martin de Guzman instead of casting the same in the name of his son, Joel de Guzman. Should the votes be counted in favor of Joel?
Yes. As a general rule, the same will be considered as stray votes but will not invalidate the whole ballot. Exception is when the substitute carries the same family name. (Sec. 12, R.A 9006)
In the 1998 election, Mayor Miranda already served 8 consecutive terms, yet he still filed a CoC. As a result, Abaya filed a disqualification case. COMELEC then disqualified Miranda and cancelled his CoC. The son of Miranda, Joel, upon nomination of their political party, filed a certificate of substitute. Joel Miranda won. Was the substitution valid?
There was no valid substitution. COMELEC did not only disqualify Miranda but also cancelled his CoC. Therefore, he cannot be validly substituted. A disqualified candidate may only be substituted if he had a valid CoC because if the disqualified candidate did not have a valid and seasonably filed CoC, he is and was not a candidate at all. (Miranda v. Abaya, G.R. No. 136351, July 28, 1999)
Since there was no valid substitution, should the candidate who obtained the second highest vote be proclaimed? Who will then assume the position of mayorship?
No. Under the doctrine on the rejection of second placer, the second placer is just like that—second placer. He was not the choice of the electorate. The wreath of victory cannot be transferred to the repudiated loser. Following the rule on succession, it is the Vice‐Mayor who will assume the position of mayorship. (Cayat v. COMELEC, G.R. No. 163776, Apr. 24, 2010)
What is the effect of reacquisition of Philippine citizenship as to the domicile/residence requirement for running as a mayoralty candidate?
Reacquisition of Philippine citizenship under R.A. 9225 has no automatic impact or effect on a candidate’s residence/domicile. He merely has an option to again establish his domicile in the municipality, which place shall become his new domicile of choice. The length of his residence therein shall be determined from the time he made it his domicile of choice and it shall not retroact to the time of his birth. (Japson v. COMELEC, G.R .No. 180088, Jan. 19,2009)
May a second placer be declared elected?
XPN:
1. If the one who obtained the highest number of votes is disqualified and
2. The electorate is fully aware in fact and in law of the candidate’s disqualification so as to bring such awareness within the realm of notoriety but would nonetheless cast their votes in favor of the ineligible candidate. (Grego v. COMELEC, G. R. No. 125955, June 19, 1997)
What is the effect of filing two certificates of candidacy?
Filing of two (2) certificates of candidacy disqualifies the person to run for both elective positions. (Sec. 73, B.P. 881 Omnibus Election Code)
Who may be considered a nuisance candidate?
They are candidates who have no bona fide intention to run for the office for which the COC has been filed and would thus prevent a faithful election. And upon showing that:
1.Said certificate has been filed to put the election process in mockery or disrepute
2. To cause confusion among the voters by the similarity of the names of the registered candidates; or
3. By other circumstances or acts which demonstrate that a candidate has no bona fide intention to run for the office for which his certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate. (Tajanan v. COMELEC, G.R. No. 104443, Apr. 13, 1992)
The COMELEC may, motu proprio or upon verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy upon showing of the above‐stated circumstances. (Sec. 69, B.P. 881 Omnibus Election Code)
A and B were the only candidates for mayor of Bigaa, Bulacan in the May 1995 local elections. A obtained 10,000 votes as against 3,000 votes for B. In the same elections, X got the highest number of votes among the candidates for the Sangguniang Bayan of the same town. A died the day before his proclamation.
1. Who should the Board of Canvassers proclaim as elected mayor, A, B or X? Explain.
It is A who should be proclaimed as winner, because he was the one who obtained the highest number of votes for the position of mayor, but a notation should be made that he died for the purpose of applying the rule on succession to office.
1. B cannot be proclaimed, because the death of the candidate who obtained the highest number of votes does not entitle the candidate who obtained the next highest number of votes to be proclaimed the winner, since he was not the choice of the electorate. X is not entitled to be proclaimed elected as mayor, because he ran for the Sangguniang Bayan.
Who is entitled to discharge the functions of the office of the mayor, B or X? Explain.
Neither B nor X is entitled to discharge the functions of the office of mayor. B is not entitled to discharge the office of mayor, since he was defeated in the election. X is not entitled to discharge the office of mayor. Under Section 44 of the Local Government Code, it is the vice mayor who should succeed in case of permanent vacancy in the office of the mayor. It is only when the position of the vice mayor is also vacant that the member of the Sangguniang Bayan who obtained the highest number of votes will succeed to the office of mayor. (Benito v. COMELEC, G.R. No. 106053 Aug. 17, 1994)
When can a person file a petition to deny due course to or cancel a certificate of candidacy?
A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 of the Omnibus Election Code is false. The petition may be filed at any time not later than twenty‐five (25) days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election.
