Friday, September 15, 2017

Resolution No. 10196 - Guidelines on the Filing of Certificates of Candidacy for the 2017 Barangay and SK Elections

Republic of the Philippines
COMMISSION ON ELECTIONS
Intramuros, Manila



RESOLUTION No. 10196
Guidelines on the Filing of Certificates of Candidacy in Connection with the October 23, 2017 Synchronized Barangay and Sangguniang Kabataan Elections
(Promulgation: 13 September 2017)


The Commission on Elections, by virtue of the 1987 Constitution, the Omnibus Election Code, Republic Act Nos. 7160, 9164, 9340 and 10742, 10173, 10656, 10923 and other election laws, hereby RESOLVED as it hereby RESOLVES to promulgate the following guidelines on the filing of Certificates of Candidacy (COCs) in connection with the October 23, 2017 Synchronized Barangay and Sangguniang Kabataan Elections.


SECTION 1. Officials to be Elected. - The officials to be elected in each Barangay are the following:

a) For the Barangay Elections:  One (1) Punong Barangay and seven (7) Members of the Sangguniang Barangay (SB).

b) For the SK Elections:  One (1) Chairperson and seven (7) Members of the SK.

SECTION 2.  Qualifications for Punong Barangay and Member, Sangguniang Barangay (SB).
a)  A citizen of the Philippines; 
b)  A registered voter in the Barangay where he intends to be elected; 
c)  A resident therein for at least one (1) year immediately preceding the day of the election; 
d)  Able to read and write Filipino or any other local language or dialect; and 
e)  At least 18 years of age on election day;

SECTION 3. Qualifications for Chairperson and Member, SK. -
a)  A citizen of the Philippines; 
b)  A qualified voter of the Katipunan ng Kabataan (KK); 
c)  A resident of the Barangay for not less than one (1) year immediately preceding the day of the elections; 
d)  At least eighteen (18) years, but not more than twenty four (24) years of age on the day of the elections; 
e)  Able to read and write Filipino, English or the local dialect; 
f)  Must not be related within the 2nd civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official in the locality where aspirant seeks to be elected; 
g)  Must not have been convicted by final judgment of any crime involving moral turpitude.
SECTION 4.  Certificate of Candidacy.  - No person may run for the position of Punong Barangay, SB Member, Chairperson, or SK Member unless such aspirant accomplishes a sworn COC in the form prescribed by the Commission.

No person shall be eligible to run for more than one office to be filled in the same election.

SECTION 5. Effect of Filing a COC for More Than One Office. - An aspirant who files a COC for more than one office shall not be eligible for any of them.  However, the aspirant may personally, or through an authorized representative, file with the Office of the Election Officer concerned, a sworn Statement of Cancellation to maintain the desired office and cancel the COC for the other office or office/s, stating the reasons therefor, before the expiration of the period for the filing of COC.

SECTION 6. Contents and Form of Statement of Cancellation if Not Personally Filed. - An aspirant or an authorized representative of an aspirant may file the Statement of Cancellation, provided that the authorized representative shall present an originally signed Authority to Submit Statement of Cancellation.  The originally signed Authority to Submit Statement of Cancellation shall be under oath and containing the specimen signature of both the principal and the agent.



Sample forms of the Statement of Cancellation and Authority to Submit Statement of Cancellation are attached as Annexes "A" and "A-1", respectively.



SECTION 7. Contents and Forms of Certificate of Candidacy. - The COC shall be under oath and shall state:



I.  Common Contents

a) office aspired for; 
b) name of the aspirant; 
c) age; 
d) sex; 
e) civil status; 
f) place and date of birth; 
g) citizenship; 
h) execution of a sworn renunciation of foreign citizenship (if applicable); 
i) if married, the name of the spouse; 
j) address for election purposes; 
k) legal residence, giving the exact address and the number of years residing in the Barangay where the aspirant intends to be elected up to the day before the election; 
l) the barangay, city or municipality and province where the aspirant is a registered voter; 
m) profession or occupation; 
n) that the aspirant is eligible for said office; 
o) that aspirant is not a member of any political party, group or coalition of political parties; 
p) that the aspirant is not a permanent resident or an immigrant to a foreign country; 
q) that the aspirant will file, with the Commission, within 30 days after Election Day, a full, true and itemized Statement of Contributions and Expenditures (SOCE) in connection with the election; 
r) that the aspirant will support and defend the Constitution of the Republic of the Philippines and will maintain true faith and allegiance thereto; 
s) that the aspirant will obey the laws, legal orders, decrees, resolutions, rules and regulations promulgated and issued by the duly-constituted authorities; 
t) that the aspirant assumes the foregoing obligations voluntarily without mental reservation or purpose of evasion; 
u) that the aspirant gives consent to the processing of the information stated herein by the commission on elections for election and other purposes as may be provided by law, such as B.P. Blg. 881 and R.A. No. 10173 also known as the Data Privacy Act of 2012, among others; 
v) that the facts stated in the certificate are true and correct to the best of the aspirant's knowledge;
II. Contents applicable only to SK Positions
a) that aspirant is a qualified voter of the Katipunan ng Kabataan of the Barangay he seeks to be elected;
b) that aspirant is not related within the 2nd civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or Barangay official in the locality where aspirant seek to be elected to; and 
c) that aspirant is not convicted by final judgment of any crime involving moral turpitude.
Unless there was an official change of name through a court-approved proceeding, an aspirant shall use in the COC:
(1) the name registered in the Office of the Local Civil Registrar; 
(2) the name by which such aspirant has been baptized; or 
(3) any other name under the provisions of existing law or in the case of a Muslim, a Hadji name after performing the prescribed religious pilgrimage.   
However, when there are two or more aspirants for an office with the same name and surname, each aspirant, shall need to state a paternal and maternal surname, except the incumbent who may continue to use the name and surname stated in the COC when last elected.
An aspirant may include one nickname or stage name by which aspirant is generally or popularly known in their locality; Provided, that no aspirant shall use the nickname or stage name of another.  Only one nickname or stage name shall be considered.


An aspirant shall also affix a passport-size photograph taken within the last six months; and at the aspirant's option, a bio-data and program of government not exceeding 100 words.



A P15.00 documentary stamp shall be attached to the COC.



The COC shall be sworn before a Notary Public or any official authorized to administer the oath. 


The forms of the COC are attached as Annex "B""B1", "B2", "B-3", respectively.

SECTION 8. Where to File Certificate of Candidacy.- The COC shall be filed in THREE (3) LEGIBLE COPIES with the Office of the City/Municipal Election Officer having jurisdiction over the Barangay where the aspirant seeks to be elected.

In cities/municipalities where there are two or more Election Officers, the COC shall be filed with the Office of the Election Officer of the District having jurisdiction over the aspirant's Barangay.

Any COC filed with the incorrect Office shall be deemed as not filed.  No COC filed by mail, electronic mail, or facsimile shall be accepted.

The COC shall be filed by the aspirant personally or through a duly authorized representative with a sworn and signed Authority to File COC.

No filing fee shall be imposed for the filing of the COC.

A sample form of the Authority to File COC is attached as Annex "C".

SECTION 9. Period for Filing Certificate of Candidacy. - The COC shall be filed from September 23-30, 2017, at 8:00 AM to 5:00 PM.

If at 4:45 PM of the last day of filing of COCs, there are still persons intending to file COCs present inside the Offices of the Election Officer concerned, the Receiving Officer shall prepare a complete list containing the names of said persons, consecutively numbered, and the time of listing.  The aspirants shall make sure that their COCs are complete before their names are listed.

The persons listed shall be called by announcing each name in the order in which they are listed.  Persons not present when their names are called shall not be allowed to file their COCs.

A COC filed in accordance with this procedure shall be stamped received at the time it was actually filed and deemed filed on time.

SECTION 10. Effects of Filing Certificate of Candidacy. - 

a) Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and other officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned and must vacate the office at the start of the day of the filing of a COC.

b) Any person holding an elective office or position shall not be considered resigned upon the filing of a COC.

SECTION 11. Ministerial Duty of Receiving and Acknowledging Receipt of Certificate of Candidacy; Recording. - The Receiving Officer designated to receive COC shall have the ministerial duty to receive and acknowledge receipt thereof; Provided that the same are filed in conformity with these rules and regulations.  They shall stamp every copy of the COC with the date and actual time of receipt and affix their signature thereon.

The Receiving Officer shall maintain two (2) separate record books, one for those running for Barangay positions and another for those running for SK positions.  They shall enter in the appropriate record books, the following data, leaving no space between entries:

a) date and actual time of receipt;
b) assigned consecutive number;
c) full name of the aspirant;
d) the office for which the aspirant is running;
e) the number of copies actually received;
f) the name of the duly authorized representative, if the COC is not filed personally by the aspirant; and
g) the name of the Receiving Officer.

Without delay, on the last day after the time allowed for the filing of the COC, the Receiving Officer shall immediately close the record books by placing a line immediately after the last entry and writing the word "closed".  They shall then affix their signature immediately below the word "closed" and indicate the date and exact time of closing.

SECTION 12.  Submission of the Number of Candidates Who Filed their COC. - On a daily basis, the Receiving Officer shall submit to ERSD, thru electronic mail, the number of candidates who filed their COC, indicating their number per sex and per position aspired for.

SECTION 13.  Reports of the Certificates of Candidacy Received. - The Head of the Receiving Office shall:
a. print a Certified List of Candidates as entered in the record books, affix a signature thereon and submit it, through electronic mail (ersd@comelec.gov.ph) in PDF format, to the Commission, through the Election Records and Statistics Department (ERSD); and 
b. using the program and the format provided by the Information Technology Department (ITD), encode the candidates' information and save the same in a compact disc (CD).
The Head of the Receiving Office shall make sure that the candidate's information encoded are accurate and complete as stated in the COC of the candidate.

The Receiving Officer shall submit, through electronic mail, a Certified List of Candidates to the ERSD not later than October 5, 2017.

SECTION 14.  Preparation of the Certified Consolidated List of Candidates. - Immediately after the last day for filing of COCs, the Election Officer shall prepare a certified consolidated list of all candidates in two (2) copies.  The first copy shall be retained by the Election Officer concerned while the second copy shall be submitted pursuant to the instruction set forth in Section 15 hereof.

SECTION 15.  Distribution of Certificates of Candidacy. - Copies of the COC for the Barangay and SK Officials shall be distributed as follows:

a)  Original Copy, to the ERSD, Commision on Elections, Manila;
b)  Second Copy, to be retained by the Election Officer for file; and
c)  Third Copy, to be retained by the aspirant.

SECTION 16.  Delivery of Certificates of Candidacy and Other Documents. - On or before October 4, 2017, the Election Officer concerned shall submit the following to the Provincial Election Supervisor or to the Regional Election Director (RED), in case of the National Capital Region (NCR), who shall, in turn, personally deliver, on October 5, 2017, the same to the ERSD:

a)  Hard Copies of the consolidated list of all candidates for the Barangay and Sangguniang Kabataan elections for each barangay;
b)  Record books;
c)  Original copies of the COC; and 
d)  CD.

SECTION 17.  Posting of Certified Consolidated List of Candidates. - At least ten (10) days before Election Day or not later than October 13, 2017, the Election Officer shall post copies of the certified consolidated lists of candidates both for the Barangay and Sangguniang Kabataan Elections in the Barangay Hall and in three (3) other conspicuous places in the Barangay.

SECTION 18.  Withdrawal of Certificate of Candidacy. - Any person who has filed a COC may withdraw the same at any time before Election Day, by personally filing a sworn Statement of Withdrawal in triplicate copies with the Office where the COC was filed.  The Statement of Withdrawal shall be distributed in the same manner as the COC, furnishing a copy or copies thereof to the Board(s) of Election Tellers concerned.

No Statement of Withdrawal filed by a person other than the aspirant or if filed by mail, electronic mail, or facsimile shall be accepted.

The filing of a Statement of Withdrawal of a COC shall not affect whatever civil, criminal or administrative liability a candidate may have incurred.

A sample form of the Statement of Withdrawal is attached as Annex "D".

SECTION 19.  Forms - All forms mentioned herein are available at the COMELEC Offices for free and may be photocopies, reproduced or downloaded from the COMELEC official website (www.comelec.gov.ph).

SECTION 20.  Authority to Administer Oath. - The Election Officers within their areas of jurisdiction shall be allowed to administer oaths on the following:

a)  Certificate of Candidacy
b)  Statement of Cancellation
c)  Statement of Withdrawal

The Election Officers shall administer the oaths, free of charge, even in their capacities as notaries public.

SECTION 21.  Effectivity. - This Resolution shall take effect on the seventh day after its publication in two daily newspapers of general circulation in the Philippines.

SECTION 22.  Dissemination. - The Education and Information Department shall cause the publication of this Resolution in two daily newspapers of general circulation in the Philippines and furnish copies of this Resolution to all field officials of the Commission.


SO ORDERED.



J. ANDRES D. BAUTISTA
Chairman


CHRISTIAN ROBERT S. LIM                        AL A. PARRENO
           Commissioner                                        Commissioner


LUIE TITO F. GUIA                                       ARTHUR D. LIM
      Commissioner                                               Commissioner


              
MA. ROWENA AMELIA V. GUANZON            SHERIFF M. ABA
       Commissioner                                               Commissioner            










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