Campaign for August 8 ARMM polls begins Friday, since no law mandates to postpone it

MAKATI CITY (MindaNews/23 June) – The campaign period for the August 8 elections in the Autonomous Region in Muslim Mindanao (ARMM) begins Friday, June 24 with former Sultan Kudarat Governor Pax Mangudadatu and Margarita “Tingting” Cojuangco, the PDP’s candidates for governor and vice governor, firing their opening salvo with a “leaders’ forum” in Datu Odin Sinsuat town in Maguindanao, Cojuangco’s poll advisor, Annie Andanar said.

Congress in early June passed a bill resetting the August 8 elections in the Autonomous Region in Muslim Mindanao (ARMM) to synchronize it with the May 13, 2013 national mid-term elections and to allow President Aquino to appoint officers-in-charge in the interim but the bill he earlier certified as urgent, has yet to be signed into law.

Mr. Aquino is scheduled to sign it on June 30, a full year after he took his oath of office as President.

Presidential Adviser on the Peace Process Teresita Quintos-Deles told MindaNews the signing has been scheduled for June 30 to allow the bill’s sponsors to witness the signing.

House Minority Leader Edcel Lagman said President Aquino is deliberately delaying the signing to deny the Supreme Court time to rule on the expected petitions questioning the new law.

The law presently governing the ARMM mandates a 45-day campaign period for the elections that are supposed to be held every three years.

In force

James Jimenez, spokesperson of the Commission on Elections (Comelec) told MindaNews immediately after the approval of the bill that Comelec will “stop preparations as soon as it is signed into law. The law should be considered sound until overturned.”

On June 23, he told MindaNews that because the bill has not been signed into law, they have not issued a notice stopping all election activities “so technically, the calendar of activities (in relation to the August 8 polls) will still be in force. Hence, the campaign period will start as scheduled.”

Andanar told MindaNews, “we are embarking on an alternative campaign beginning tomorrow, June 24.” She said they will hold a “leaders’ forum” at 6 p.m. tomorrow in Datu Odin Sinsuat town, Maguindanao, where Cojuangco has a house and where her voter’s registration was transferred.

Cojuangco is an aunt of President Benigno Simeon Aquino.

Andanar said the “leaders’ forum” will be held after the celebration of Mangudadatu’s birthday also tomorrow in Sultan Kudarat province. Mangudadatu, former governor and representative of Sultan Kudarat province transferred his voter’s registration to Buluan town in Maguindanao early last year. Sultan Kudarat province is not part of the ARMM.

She said there will be “no big rallies,” adding there will be “maximum interaction with the community formal and informal leaders, dialogues to engage the voters to participate in the exercise of their right to elect their regional officials under the organic law RA 9054.”

To the Supreme Court

Earlier, groups against the postponement of the August 8 polls had signified they would go to the Supreme Court to question the validity of the new law but no petition can be filed as yet because the bill has not been signed into law.

“The PDP-Laban, Pax Mangudadatu and I are definitely going to the Supreme Court to convince the high tribunal that pushing through with the August 8, 2011 elections was what the Constitution mandates,” the Manila Standard quoted Cojuangco as saying in its June 8 report.

Cojuangco said they were confident the Supreme Court will rule in their favor. “The Supreme Court will see in our petition that the Constitution grants the people of ARMM the freedom to choose their own leaders and the naming of OICs by the President is contrary to what is mandated by the Constitution,” she said.

Fourteen candidates for governor and 16 for vice governor filed their certificates of candidacy as of the deadline midnight of May 25.

Only two political parties fielded candidates: PDP-Laban’s Mangudadatu-Cojuangco and the Kilusang Bagong Lipunan (KBL).

Candidates

The Comelec’s list of candidates for governor: Ashmaira Mayasa Abdullah, incumbent Lanao del Sur Governor Mamintal Alonto Adiong, Saad Ibrahim Amate, Pangalian Macaorao Balindong, Ephraim Baldomero Defino, former Anak Mindanaw partylist Rep. Mujiv Sabbihi Hataman, former OIC ARMM Governor Alvarez Silal Isnaji, Ansaroden Magangcong Sani Banuas Luman Moner, former Sultan Kudarat governor and representative Pax Pakung Sandigan Mangudadatu, Kadra Asani Masihul (KBL), Datu Habib Sarifuddin Samanodi Maulana, Elsie New Orejudos, former OIC Lanao del Sur Governor Saidamen Balt Pangarungan and Sahiron Dulah Salim.

Acting ARMM Governor Ansaruddin-Abdul Malik Alonto Adiong, brother of Mamintal, won the vice gubernatorial post in 2005 and 2008, as Zaldy Ampatuan’s running mate. He filed his certificate of candidacy for governor last Monday but slid down to vice governor after his elder brother, the Lanao del Sur governor, filed a COC for ARMM governor.

The candidates for vice governor are: Fatani Sultan Abdul Malik, Ansaruddin Abdul Malik Alonto Adiong, Mikunug Pangcatan Ampao, Arab Dimasimpun Ampasao, Shariffa Ziola Anding Bago, Datu Pelaez Alo Carudin, former Tarlac GovernorMargarita “Tingting” Delos Reyes Cojuangco, Bobby Manangaran Datimbang, Alikhan Awar Dimaro, Gani Usman Gaddung, Abdulbasit Ampaso Hadjinor, Omar Tani Hassiman, former Lanao del Sur governor Basher Dimalaang Manalao, Kano Pasandalan Nor, Marconi Curso Paiso Al Haj and Abdusakur II Abubakar Tan.

Based on Comelec records, 81 filed their COCs for 24 seats in the Regional Legislative Assembly. In Sulu, six candidates filed their COCs for assemblyman; nine in the second district; in Lanao del Sur, 12 filed in the first district, 12 also in the second district; in Maguindanao, five filed in the first district, 15 in the second; in Tawi-tawi, nine filed while 13 filed for three seats in the RLA representing Basilan.

Maguindanao Governor Esmael “Toto” Mangudadatu’s brother, Khadafy, an incumbent assemblyman, earlier filed a COC for vice governor but later opted for a reelection as assemblyman of the second district of Maguindanao.

Hataman, whose name has repeatedly been mentioned for appointment as OIC Governor, filed his COC for governor with no political party listed. (Carolyn O. Arguillas/MindaNews)

Resolution No. 9029 - Guidelines on the Filing of Certificates of Candidacy for Barangay & SK Elections

 RESOLUTION No. 9029 


GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS

Promulgation: 21 September 2010

---

The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9164, and other election laws, RESOLVED, as it hereby RESOLVES, to promulgate the following guidelines on the filing of certificates of candidacy in connection with the October 25, 2010 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) Sangguniang Barangay Kagawad.

(b) For the Sangguniang Kabataan Elections:

One (1) Chairman and seven (7) Sangguniang Kabataan Kagawad.

SEC. 2. Qualifications. - (a) Candidates for Punong Barangay and Sangguniang Barangay Kagawad must be:

(1) Filipino citizens;

(2) At least 18 years old on election day;

(3) Able to read and write Filipino or any local language or dialect; and

(4) Registered voters of the barangay where they intend to run for office and residents thereof for at least one (1) year immediately preceding the day of the election.

(b) Candidates for Sangguniang Kabataan Chairman and Sanggguniang Kabataan Kagawad must be:

(1) Filipino citizens;

(2) At least fifteen (15) years old but less than eighteen (18) years old on election day;

(3) Able to read and write Filipino, English or the local dialect;

(4) Qualified members of the Katipunan ng Kabataan of the barangay where they intend to run for office and residents thereof at least one (1) year immediately preceding the election; and

(5) Must not have been convicted of a crime involving moral turpitude.

SEC. 3. Disqualifications. - The following are disqualified from running for any elective barangay and sangguniang kabataan positions:

(a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, and within two (2) years after service of sentence;

(b) Those removed from office as a result of an administrative case;

(c) Those convicted by final judgment for violating the oath of allegiance to the Republic;

(d) Those with dual citizenship unless at the time of filing of the certificate of candidacy, he makes a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;

(e) Fugitives from justice in criminal or nonpolitical cases here or abroad. A fugitive from justice includes not only those who flee after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution;

(f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail themselves of the same right after the effectivity of the Local Government Code;

(g) The insane or feeble-minded;

(h) Any candidate who, in an action or protest in which he is a party, is declared by final decision of a competent court to be guilty of having, or is found by the Commission to have committed the following acts shall be disqualified from continuing as a candidate or, if already elected, from holding office:

(1) Given money or other material consideration to influence or induce voters to vote for or against a candidate, or to abstain from voting, or to corrupt government officials and employees performing election functions;

(2) Committed acts of terrorism to enhance his candidacy;

(3) Spent in his election campaign an amount in excess of that allowed by law;

(4) Solicited, received, or made any contribution prohibited under Secs. 89, 95, 96, 97 and 104 of the Omnibus Election Code;

(5) Violated any of Secs. 83, 86 and 261 (pars. e, k, v and cc, sub par. 6) of the same Code; or

(6) Those who have been elected and served for three (3) consecutive terms in the same position. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected.

SEC. 4. Candidates holding appointive or elective office. - Appointive barangay, city/municipal, provincial, regional, or national officials or employees, or those in the civil or military service, including those in government-owned or controlled corporations, shall be considered ipso facto resigned from office and must vacate the same at the start of the day of filing of his certificate of candidacy for a barangay or sangguniang kabataan office.

For incumbent municipal, city, provincial and national elective officials running for any barangay elective position shall also be considered ipso facto resigned upon the filing of their certificates of candidacy.

SEC. 5. Certificate of candidacy. - Any person running as candidate for Punong Barangay, Sangguniang Barangay Kagawad, Sangguniang Kabataan Chairman or Sangguniang Kabataan Kagawad shall file a sworn certificate of candidacy in triplicate in the form attached herein as Annexes "A", "A-1", "B" and "B-1" respectively.  The format of the certificate of candidacy may be obtained from the Election Officer, free of charge or may be downloaded from the Comelec website at www.comelec.gov.ph.

The certificate of candidacy shall be filed during regular working hours, from 8:00 o'clock in the morning to 5:00 o'clock in the afternoon, from October 1, 2010 to October 13, 2010, inclusive, with the Office of the Election Officer of the city/municipality concerned.  However, on the last day of filing, the Office of the Election Officer shall receive the certificates of candidacy until 12:00 o'clock midnight.

Certificates of candidacy shall be filed personally or through a duly authorized representative who must present a written authorization under oath.  No certificate of candidacy shall be filed or accepted by mail, telegram or facsimile.

No person shall be eligible to run for more than one office, that is, Punong Barangay and Barangay Kagawad, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any one of them. However, before the expiration of the period for the filing of certificate of candidacy, the person who has filed a certificate of candidacy for more than one office may declare under oath the office for which he desires to be elected and cancel the certificate of candidacy for the other office.

In cities/municipalities where there are two or more Election Officers, the certificate of calididacy shall be filed with the Office of the Election Officer having jurisdiction over the barangay where he is a candidate.

The Election Officer or any authorized employee receiving the certificate shall record in separate logbooks, the date and time of receipt of the certificates of candidacy of barangay and sangguniang kabataan candidates. The date and time of receipt shall also be indicated in each copy of the certificate of candidacy.

SEC. 6. Contents of certificate of candidacy. - The certificate of candidacy shall contain the following:

(A) A statement announcing the candidacy of the person filing it;

(b) The position for which he is a candidate;

(c) A statement that he is eligible for said position;

(d) His citizenship, residence and date of birth;

(e) His post office address for election purpose;

(f) His profession or occupation;

(g) A statement that he is eligible for the office he is running for;

(h) A statement that he will support and defend the Constitution of the Republic of the Philippines and maintain true faith and allegiance thereto, and that he will obey the laws and legal orders promulgated by the duly-constituted authorities;

(i) A declaration that he is not a permanent resident of, or an immigrant to, a foreign country;

(j) That he assumes the obligations imposed by his oath voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge; and

(k) Such other data as may be required by the Commission.

Unless a candidate has officially changed his name through a court approved proceeding, a candidate shall use in his certificate of candidacy the name by which he has been baptized, or if he has not been baptized in any church or religion, the name registered in the office of the local civil registrar or any other name allowed under the provisions of existing law or, in the case of a Muslim, his Hadj name after performing the prescribed religious pilgrimage. However, when there are two (2) or more candidates for the same office with the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surnames, except an incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. He may also include one (1) nickname or stage name by which he is generally or popularly known in the locality. Titles such as Don, Hadji, Datu, Atty., Dr. or other words of similar import shall not be allowed.

SEC. 7. Certificates of candidacy filed by persons who are not registered voters or those filed through mail, telegram, facsimile. Effect. - Certificates of candidacy of persons who are not registered voters in the barangay where they intend to run; or those filed through mail, telegram or facsimile shall not be accepted. For this purpose, the Election Officer shall issue a Certification to the persons whose certificate of candidacy has not been accepted.

SEC. 8. Distribution of certificates of candidacy and preparation of list of candidates. - (a) Copies of the certificate of candidacy shall be distributed by the Election Officer as follows:

(1) For Barangay Officials:

1. First Copy, to the Election Records and Statistics Department, Commission on Elections, Manila;
2. Second Copy, to be retained by the Election Officer for his file; and
3. Third Copy, to be retained by the candidate concerned.

(2) For Sangguniang Kabataan Officials:

1. First copy, to the Election Records and Statistics Department, Commission on Elections, Manila;
2. Second copy, to be retained by the Election Officer for his file; and
3. Third copy, to be retained by the candidate concerned.

(b) Immediately after the last day for the filling of certificates of candidacy, the Election Officer shall prepare a certified consolidated list of all candidates for elective Barangay and Sangguniang Kabataan officials per barangay.

(c) Within two (2) days after the last day for the filing of certificates of candidacy, the Election Officer shall transmit to the Election Records and Statistics Department, Commission on Elections, Manila the following:

1. 
   
   
   
   a copy of the said list of candidates together with the first copy of the certificates of candidacy of the Barangay and Sangguniang Kabataan candidates; and
2. a list of persons whose certificates of candidacy were not accepted and the reason/s for non-acceptance.

(d) At least seven (7) days before election day or not later than October 18, 2010, the Election Officer shall post copies of said lists in the barangay hall and in three, (3) other conspicuous places in the barangay.

(e) The Election Records and Statistics Department shall acknowledge receipt of said copies and list within two (2) days from receipt thereof.

SEC. 9. Withdrawal of certificate of candidacy. - Any person who has filed a certificate of candidacy may withdraw it at any time before election day. A sworn declaration of withdrawal shall be filed personally, in triplicate with the Office of the Election Officer where the certificate of candidacy was filed. The certificate of candidacy shall be deemed withdrawn upon filing of the sworn declaration of withdrawal.

The declaration of withdrawal shall be distributed in the same manner as the certificates of candidacy, furnishing a copy or copies thereof to the Board(s) of Election Tellers concerned.

The copy for the Election Records and Statistics Department, Commission on Elections, Manila shall be transmitted within twenty-four (24) hours from the filing of the declaration. The Election Records and Statistics Department shall immediately acknowledge receipt thereof.

The filing or withdrawal of a certificate of candidacy shall not affect any civil, criminal or administrative liabilities of the candidate concerned.

SEC. 10. Substitution of candidates. - There shall be no substitution of candidates for sangguniang kabataan elections, but substitution by the spouse shall be allowed for candidates for barangay elections.

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, 12 o'clock noon of October 25, 2010. 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 Tellers (BET) in the political subdivision where he is a candidate.

SEC. 11. Authority of the Election Officer to administer oath. - For purposes of the barangay and sangguniang kabataan elections the Election Officer shall be authorized to administer oaths, free of charge, on all matters related to the conduct of said elections, including the administration of oath to certificates of candidacy.

SEC. 12. Effectivity. - This Resolution shall take effect on the seventh day after its publication in two (2) daily newspaper of general circulation in the Philippines.

SEC. 13. Dissemination. - The Education and Information Department shall cause the immediate publication of this resolution, give the same the widest dissemination possible and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors and Election Officers.

S0 ORDERED.

(Sgd.) JOSE A.R. MELO Chairman
(Sgd.) RENE V. SARMIENTO Commissioner	(Sgd.) NICODEMO T. FERRER Commissioner
(Sgd.) LUCENITO N. TAGLE Commissioner	(Sgd.) ARMANDO C. VELASCO Commissioner
(Sgd.) ELIAS R. YUSOPH Commissioner	(Voted in favor of this resolution, but on official business at the time of its signing.) GREGORIO Y. LARRAZABAL Commissioner

Res. No. 9212 - Guidelines in Filing Certificates of Candidacy & Nomination for ARMM Elections

SEC. 5.  Certificates of Nomination of Official Candidates by the Political Party. – The certificate of nomination of registered political parties or coalitions of political parties of their official candidates shall be filed, in five (5) legible copies, not later than the last day for filing of certificates of candidacy, duly signed and attested under oath by the party president, chairman, secretary-general or any other duly authorized officer of the party, and shall bear the acceptance of the nominee.  If the certificate of nomination of a candidate is filed within the period for filing of the certificate of candidacy but after his certificate of candidacy has been filed, he shall attach a copy of the certificate of nomination shall be attached to the certificate of candidacy.

For this purpose, all registered political parties/fielding official candidates for the election shall, not later than May 09, 2011, submit to the Law Department the names and specimen signatures of the authorized signatories to official party nominations.

No certificate of nomination or any amendment thereto shall be filed after the last day for filing of certificate of candidacy, except in case of valid substitution under Section 14 hereof.

No political party shall be allowed to nominate candidates more than the number required to be voted for in an elective position; otherwise, all of the nominations shall be without effect and the candidate affected shall be considered as independent.

SEC. 6.  Independent Candidate. – An independent candidate is one:

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

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

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

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

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

SEC. 7.  Effects of Filing Certificates 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 from his office upon the filing of his certificate of candidacy.

b)  Any person holding an elective office or position shall not be considered resigned upon the filing of his certificate of candidacy for the same or any other elective office or positions.

SEC. 8.  Ministerial Duty of Receiving and Acknowledging Receipt of Certificates of Candidacy/Nomination; Recording. – The receiving officer as provided for in Section 3 hereof shall have the ministerial duty to receive and acknowledge receipt of the certificates of candidacy of a candidate and/or 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, 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.

Thereafter, 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 below the word “closed” and indicate the date and exact time of closing.

<< PREVIOUS

MORE >> 

Omnibus Election Code - Article IX

Laws | Omnibus Election Code | Art IX  Eligibility of Candidates and Certificate of Candidacy

OMNIBUS ELECTION CODE

Article IX

ELIGIBILITY OF CANDIDATES AND

CERTIFICATE OF CANDIDACY

Section Details

Sec. 63. Qualifications for President and Vice-President of the Philippines. - No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of election, and a resident of the Philippines for at least ten years immediately preceding such election.

Sec. 64. Qualifications for Members of the Batasang Pambansa. - No person shall be elected Member of the Batasang Pambansa as provincial, city or district representative unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, a registered voter in the constituency in which he shall be elected, and a resident thereof for a period of not less than six months immediately preceding the day of the election.

A sectoral representative shall be a natural-born citizen of the Philippines, able to read and write, a resident of the Philippines, able to read and write, a resident of the Philippines for a period of not less than one year immediately preceding the day of the election, a bona fide member of the sector he seeks to represent, and in the case of a representative of the agricultural or industrial labor sector, shall be a registered voter, and on the day of the election is at least twenty-five years of age.

The youth sectoral representative should at least be eighteen and not be more than twenty-five years of age on the day of the election: Provided, however, That any youth sectoral representative who attains the age of twenty-five years during his term shall be entitled to continue in office until the expiration of his term.

Sec. 65. Qualifications of elective local officials. - The qualifications for elective provincial, city, municipal and barangay officials shall be those provided for in the Local Government Code.

Sec. 66. Candidates holding appointive office or positions. - Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

Sec. 67. Candidates holding elective office. - Any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

Sec. 68. Disqualifications. - 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

1. given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions;

2. committed acts of terrorism to enhance his candidacy;

3. spent in his election campaign an amount in excess of that allowed by this Code;

4. solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or

5.  violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws.

Sec. 69. Nuisance candidates. - The Commission may motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy 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 the names of the 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.

Sec. 70. Guest candidacy. - A political party may nominate and/or support candidates not belonging to it.

Sec. 71. Changing political party affiliation. - An elective official may change his party affiliation for purposes of the election next following his change of party within one year prior to such election.

Sec. 72. Effects of disqualification cases and priority. - The Commission and the courts shall give priority to cases of disqualification by reason of violation of this Act to the end that a final decision shall be rendered not later than seven days before the election in which the disqualification is sought.

Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. Nevertheless, if for any reason, a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, his violation of the provisions of the preceding sections shall not prevent his proclamation and assumption to office.

Sec. 73. Certificate of candidacy. - No person shall be eligible for any elective public office unless he files a sworn certificate of candidacy within the period fixed herein.

A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath.

No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them. However, before the expiration of the period for the filing of certificates of candidacy, the person who was filed more than one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices.

The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.

Sec. 74. Contents of certificate of candidacy. - The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office; if for Member of the Batasang Pambansa, the province, including its component cities, highly urbanized city or district or sector which he seeks to represent; the political party to which he belongs; civil status; his date of birth; residence; his post office address for all election purposes; his profession or occupation; that he will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities; that he is not a permanent resident or immigrant to a foreign country; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge.

Unless a candidate has officially changed his name through a court approved proceeding, a certificate shall use in a certificate of candidacy the name by which he has been baptized, or if has not been baptized in any church or religion, the name registered in the office of the local civil registrar or any other name allowed under the provisions of existing law or, in the case of a Muslim, his Hadji name after performing the prescribed religious pilgrimage: Provided, That when there are two or more candidates for an office with the same name and surname, each candidate, upon being made aware or such fact, shall state his paternal and maternal surname, except the incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. He may also include one nickname or stage name by which he is generally or popularly known in the locality.

The person filing a certificate of candidacy shall also affix his latest photograph, passport size; a statement in duplicate containing his bio-data and program of government not exceeding one hundred words, if he so desires.

Sec. 75. Filing and distribution of certificate of candidacy. - The certificate of candidacy shall be filed on any day from the commencement of the election period but not later than the day before the beginning of the campaign period: Provided, That in cases of postponement or failure of election under Sections 5 and 6 hereof, no additional certificate of candidacy shall be accepted except in cases of substitution of candidates as provided under Section 77 hereof.

The certificates of candidacy for President and Vice-President of the Philippines shall be filed in ten legible copies with the Commission which shall order the printing of copies thereof for distribution to all polling places. The certificates of candidacy for the other offices shall be filed in duplicate with the offices herein below mentioned, together with a number of clearly legible copies equal to twice the number of polling places in the province, city, district, municipality or barangay, as the case may be:

1. For representative in the Batasang Pambansa, with the Commission, the provincial election supervisor, city election registrar in case of highly urbanized cities, or an officer designated by the Commission having jurisdiction over the province, city or representative district who shall send copies thereof to all polling places in the province, city or district;

2. For provincial offices, with the provincial election supervisor of the province concerned who shall send copies thereof to all polling places in the province;

3. For city and municipal offices, with the city or municipal election registrar who shall send copies thereof to all polling places in the city or municipality; and

4. For punong barangay or kagawad ng sangguniang barangay, the certificates of candidacy shall be filed in accordance with the provisions of Section 39 of Article VI of this Code.

5. The duly authorized receiving officer shall immediately send the original copy of all certificates of candidacy received by him to the Commission.

Sec. 76. Ministerial duty of receiving and acknowledging receipt. - The Commission, provincial election supervisor, election registrar or officer designated by the Commission or the board of election inspectors under the succeeding section shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy.

Sec. 77. Candidates in case of death, disqualification or withdrawal of another. - If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified.  The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of the day of the election.

If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is a candidate, or, in the case of candidates to be voted for by the entire electorate of the country, with the Commission.

Sec. 78. 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 hereof is false. The petition may be filed at any time not later than twenty-five 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.