Saturday, October 3, 2009

Guidelines for Filing Certificate of Candidacy (2)

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SEC. 7. Independent Candidate. - An independent candidate is one:

    1) who has not been nominated by a registered political party or its duty authorized representative;

    2) whose nomination has not been submitted by a registered political party;

    3) who has not accepted a nomination from a registered political party;

    4) who accepts nominations from more than one registered political party, except in cases of coalitions of said political parties; or

    5) whose nomination was filed after the last day of filing of certificate of candidacy.

SEC. 8. Ministerial duty of receiving and acknowledging receipt of certificates of candidacy/nomination; Recording. - The receiving officer as provided for in Sec. 3 hereof shall have the ministerial duty to receive and acknowledge receipt of the certificates of candidacy/nomination by registered political parties or coalition of political parties on or before the deadline for filing of certificates of candidacy, provided said certificates are under oath and contain all the required data and in the form prescribed by the Commission. He shall stamp every copy of each certificate with the date and time of its receipt and affix his signature thereon.

The receiving officer shall enter in a record book, the following data, leaving no space between entries: a) date and time of receipt of the certificates; b) assigned consecutive number thereof; c) full name of the candidate; d) the office for which the candidate is running; e) the political party to which the candidate belongs and/or which nominated him, if any; f) the number of copies actually received; and g) the name of the receiving officer.

Without delay, after 12:00 o’clock midnight of the last day for filing certificate of candidacy, the receiving officer shall close the record book by placing a line immediately after the last entry and writing the word “closed”. He shall then affix his signature immediately below the word “closed” and indicate the date and exact time of closing.

SEC. 9. Watchers of candidates, political parties and accredited citizens’ arms. - Any candidate, political party, accredited citizen’s arm may appoint a watcher in connection with the filing and reception of the certificates of candidacy. The watcher shall be allowed to stay within the premises of the authorized receiving office and to take note of the proceedings but without interrupting or disturbing official business. Any watcher may report in writing to the Commission any irregularity, which may require appropriate action.

Watchers shall be entitled, upon written request, to secure from the receiving officer a copy of the full list of those who filed their certificates of candidacy and their respective positions.

SEC. 10. Reports on the delivery of certificates of candidacy. - The receiving officer shall, using the program provided by the Information Technology Department (ITD):

    1) encode the candidates’ information and save the same in two (2) compact discs (CD);

    2) print a list of candidates and affix his signature thereon.

Not later than December 2, 2009, the receiving officer shall report, by rush telegram or any available fastest means of communication to the Commission through the Law Department, a complete list of candidates who have filed their certificates of candidacy as entered in the record book. Within the same period, the record book, list of candidates duly signed, CDs, and copies of the certificates of candidacy except one copy to be retained for file, as well as the original copy of nomination, if any, shall be delivered personally to the Law Department in Manila by the following:

    1) Regional Election Director for NCR – For Member of the House of Representatives in the legislative districts in the NCR;

    2) Provincial Election Supervisor – For Member of the House of Representatives and provincial, city and municipal positions outside the National Capital Region;

           For this purpose, the Election Officers concerned shall deliver the above mentioned items to his Provincial Election Supervisor within twenty-four (24) hours after the deadline for filing.

    3) City/Municipal Election Officer – For city and municipal positions in the National Capital Region.

The Law Department shall distribute the copies of the certificates of candidacy and CDs, as follows:

  • 1st and 2nd Copies and    

    one (1) CD                                     Law Department
  • 3rd Copy and one (1)    

    CD                                                   ERSD
  • 4th Copy                                                COMELEC Secretary

SEC. 11. Preparation of the Certified List of Candidates. - Immediately after the last day for filing of certificates of candidacy, the certified list of candidates shall be prepared by election officials/ department concerned as follows:

   1. Law Department:
For President, Vice-President and Senator;
   2. Regional Election Director concerned:
For Members of the House of Representatives in the legislative districts in the National Capital Region (NCR);
   3. Provincial Election Supervisor concerned:
For Members of the House of Representatives in legislative districts in provinces, and provincial officials;
   4. City/Municipal Election Officer concerned:
For city and municipal positions in the National Capital Region; and

For city and municipal positions outside of the National Capital Region.
SEC. 12. Withdrawal of Certificate of Candidacy. - Any person who has filed a certificate of candidacy may at any time before election day and subject to Sec. 13 hereof, file personally a statement of withdrawal under oath in five (5) legible copies with the office where the certificate of candidacy was filed. No statement of withdrawal shall be accepted if filed by a person other than the candidate or if filed by mail, telegram or facsimile.

The Regional Election Director, Provincial Election Supervisor, or the Election Officer concerned shall, upon receipt of the withdrawal, notify the Law Department by the fastest means of communication of the a) full name of the candidate withdrawing; b) elective office concerned; c) political party, if any; and d) substitution made, if any. On the same date, he shall retain a file copy and immediately forward to the Commission through the Law Department all the other copies. The Law Department shall, in turn, distribute the copies to the offices/departments concerned as provided under Sec. 11 hereof.

For any withdrawal of candidacy and/or substitution filed with the Commission, the field office concerned and the Project Director of Phase II shall be notified.

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