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Saturday, October 3, 2009

Guidelines for Filing Certificate of Candidacy (3)

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SEC. 13. Substitution of 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 political party dies, withdraws or is disqualified for any cause, he may be substituted by a candidate belonging to, and nominated by, the same political party. No substitute shall be allowed for any independent candidate.

The substitute for a candidate who withdrew may file his certificate of candidacy as herein provided for the office affected not later than December 14, 2009.

The substitute for a candidate who died or suffered permanent incapacity or disqualified by final judgment, may file his certificate of candidacy up to mid-day of election day. If the death or permanent disability should occur between the day before the election and mid-day of election day, the substitute candidate may file the certificate with any board of election inspectors in the political subdivision where he is a candidate, or in the case of a candidate for President, Vice-President or Senator, with the Law Department of the Commission on Elections in Manila.

No person who has withdrawn his candidacy for a position shall be eligible as substitute candidate for any other position after the deadline for filing of certificates of candidacy.

SEC. 14. Nuisance Candidates. - The Commission may, motu proprio, or upon verified petition of an interested party refuse to give due course to or cancel a certificate of candidacy of candidates running for national position if it is shown that said certificate has been filed to put the election process in mockery or disrepute, or to cause confusion among the voters by the similarity of names of registered candidates, or by other circumstances or acts 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 a faithful determination of the true will of the electorate.

A verified petition to declare a duly registered candidate as a nuisance candidate shall be filed personally or through duly authorized representative with the Commission by any registered candidate within five (5) days from the last day for filing certificate of candidacy.

SEC. 15. Petitions to Deny Due Course to or Cancel of a Certificate of Candidacy. - A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by any person within five (5) days from the last day for filing of certificate of candidacy but not later than twenty five (25) days from the filing of the certificate of candidacy, exclusively on the ground of material misrepresentation on the contents of the certificate of candidacy as required under Sec. 74 of the Omnibus Election Code (Batas Pambansa Blg. 881).

SEC. 16. Effects of Disqualification. - Any candidate who has been declared disqualified by final judgment shall not be voted for and the votes cast in his favor shall not be counted. If, for any reason, he is not declared disqualified by final judgment before the election and he is voted for and receives the winning number of votes, the case shall continue and upon motion of the petitioner, complainant, or intervenor, the proclamation of such candidate may be ordered suspended during the pendency of the said case whenever the evidence is strong.

a) where a similar complaint/petition is filed before the election and before the proclamation of the respondent and the case is not resolved before the election, the trial and hearing of the case shall continue and referred to the Law Department for preliminary investigation.

b) where the complaint/petition is filed after the election and before the proclamation of the respondent, the trial and hearing of the case shall be suspended and referred to the Law Department for preliminary investigation.

In either case, if the evidence of guilt is strong, the Commission may order the suspension of the proclamation of respondent, and if proclaimed, to suspend the effects of proclamation.

SEC. 17. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.

SEC. 18. Dissemination. - The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and give the same the widest dissemination possible and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers and accredited political parties and party-list organizations or coalitions participating in the party list system of representation.

SO 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


(Sgd.) ELIAS R. YUSOPH
Commissioner

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