Showing posts with label election laws. Show all posts
Showing posts with label election laws. Show all posts

Tuesday, September 21, 2010

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

Thursday, June 10, 2010

Resolution No. 9005 - Guidelines for the Continuing Voter Registration (10)

Sec. 10. Procedure for filing of Applications for Reactivation. – Any registered voter whose registration has been deactivated based on any of the grounds provided under Sec. 27 of R. A. No. 8189 and those deactivated in the last continuing registration of voters may request for the reactivation of his registration record by personally accomplishing in three (3) copies, both sides of the prescribed application form hereto attached as Annex “E” (CEF-1C-Application for Reactivation).

The EO shall verify in his local database the record of the applicant, using the DCS Utilities program.  The EO shall use the old application form number and direct the applicant to the DCM Operator.

a) If the record has complete biometrics, i.e. it has photograph, fingerprints and signature, using the DCS, the DCM Operator shall:

1.   Select File -> Others
2.   Type the last name, first name and maternal name in the space provided and then click SEARCH button or leave the fields blank and click on SEARCH button.
3.   Right-click the record of the applicant in the list
4.   Click REACTIVATION
5.   Save the record
After ERB approval, the applicant’s record shall be reactivated in the city/ municipality local database.

b) If the record has incomplete biometrics, i.e. any of the biometrics is not present, using the DCS, the DCM operator shall:

1.   Select File -> Others
2.   Type the last name, first name and maternal name in the space provided and then click SEARCH button or leave the fields blank and click on SEARCH button.
3.   Right-click the record of the applicant in the list
4.   Click REACTIVATION WITH BIOMETRICS CAPTURE
5.   Capture the biometrics information of the applicant
6.   Save the record

After ERB approval, the old record of the applicant shall contain biometrics data and shall be reactivated.
After completion thereof, the EO shall cut the bottom portion of one copy of the application form and give it to the applicant to serve as Acknowledgment Receipt and proof of filing his application.

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Guidelines for the Continuing Voter Registration (9)

Sec. 9. Procedure for filing of Applications for transfer of registration records within the same city/municipality. – Any voter who has changed his address in the same city or municipality may apply for transfer of his/her registration record to the precinct book of voters of his/her new precinct by accomplishing CEF-1B (Application for Transfer).

The EO shall verify in his local database the record of the applicant, using the DCS utilities program.  The EO shall use the old application form number of the applicant and direct the applicant to the DCM Operator.

a) If the record has complete biometrics, i.e. it has photograph, fingerprints and signature, using the DCS, the DCM operator shall:
1.   Select File -> Others
2.   Type the last name, first name and maternal name in the space provided and then click SEARCH button or leave the fields blank and click on SEARCH button.
3.   Right-click the record of the applicant in the list
4.   Click TRANSFER WITH BIOMETRICS
5.   Edit the address and precinct number fields
6.   Save the record
After ERB approval, the place of residence and precinct number of the applicant’s record shall be changed to his current address and precinct assignment.

b) If the record has incomplete biometrics, i.e. any of the biometrics is not present, using the DCS, the DCM operator shall:
1.   Select File - > Others
2.   Type the last name, first name and maternal name in the space provided and then click SEARCH button or leave the fields blank and click on SEARCH button.
3.   Right-click the record of the applicant in the list
4.   Click TRANSFER WITHOUT BIOMETRICS
5.   Edit the address and precinct number fields
6.   Capture the biometrics information of the applicant
7.   Save the record
After ERB approval, the place of residence and precinct number of the applicant’s record shall be changed to his current address and precinct assignment and the biometrics will be included in his record.

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Guidelines for the Continuing Voter Registration (6)

SEC. 6. Application sans biometrics. – The application form of an applicant who fails to submit himself for the live capture of his biometrics data for cause/s attributable to his own fault shall be deemed incomplete and not filed.  As such, the application shall be disapproved for failure to complete the requirements.

In the event that the allocated Data Capture Machine (DCM) becomes defective or the biometrics data of the applicant cannot be captured within the registration period due to the great volume of applicants, absence of electricity/alternative power source and analogous cases, the Election Officer shall receive the application and inform the applicant when to return for data capture.  The Election Officers and their Assistants are authorized to accomplish the data capture not later than August 19, 2010.  If the biometrics data capture cannot be accomplished within the said period without fault of the applicant, the application shall be submitted to ERB for Hearing.

The CVL technicians shall certify as to the fact of DCM and its peripherals malfunction to be confirmed by the Provincial Election Supervisors, who shall report the matter to the Information Technology Department.

Further, in cases where any of the DCM peripherals become defective, such that the registration procedures cannot be completed, the Provincial Election Supervisors shall be allowed to make the necessary arrangements with the concerned Election Officers under his jurisdiction to devise a scheduling system for the sharing of the working DCM peripherals with nearby cities or municipalities until such time that the defective peripherals shall be replaced with working units. This sharing mechanism shall be limited to two cities and/or municipalities.

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Tuesday, September 15, 2009

COMELEC Resolution No. 8669

Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

IN THE MATTER OF REQUESTING THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) TO ISSUE A CIRCULAR URGING PRIVATE EMPLOYERS TO ALLOW THEIR EMPLOYEES TO CLAIM AS OFFICIAL TIME THEIR FILING OF APPLICATIONS FOR VOTER’S REGISTRATION WITH THE COMMISSION ON ELECTIONS
Jose A. R. Melo         Chairman
Rene V. Sarmiento    Commissioner
Nicodemo T, Ferrer   Commissioner
Lucenito N. Tagle      Commissioner
Armando C. Velasco Commissioner
Elias T. Yusoph         Commissioner




Promulgated:  September 15, 2009


RESOLUTION NO. 8669

WHEREAS, Sec, 2(1), Art. IX-C of the 1987 Constitution empowers the Commission on Elections to "enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall";

WHEREAS, Sec. 18, Art. I1 of the 1987 Constitution provides "the state affirms labor as a primary social economic force.  It shall protect the rights of workers and promote their welfare";

WHEREAS, pursuant to R.A. 8189, otherwise known as the Continuing Voter's Registration Act of 1996, Comelec Resolution No. 8514 promulgated on November 12, 2008, as amended by Resolution No. 8585 promulgated on February 12, 2009, fixed the dates for the filing of applications for registration, transfer/ reactivation/ correction/reinstatement of name in the registration records from December 2, 2008, up to October 31, 2009;

WHEREAS, the Department of Labor and Employment (DOLE) is the agency bestowed with powers and functions for the full protection to labor, promotion of their welfare, and supervision over the relationship between employers and employees;

WHEREAS, there is the need to request the Department of Labor and Employment (DOLE) to issue guidelines/circulars encouraging private employers to allow their employees who are qualified voters to file applications for registration, or to apply for transfer/reactivation/corrections/reinstatement/change of registration records with the Office of the Election Officer, even during working days, and that their temporary absence from their work shall be considered on official time;

NOW THEREFORE, the Commission RESOLVED, as it hereby RESOLVES, to request the Department of Labor and Employment to issue the appropriate circular/guidelines urging private employers to allow their employees to file their applications for registration, transfer/ reactivation/ changes/ correction/inclusions/ reinstatement of entries of registration records even during weekdays, and to consider their temporary absence from work on official time.


Let the Executive Director implement this resolution.

SO ORDERED.

Thursday, September 10, 2009

Omnibus Election Code - Table of Contents








TABLE OF CONTENTS

ARTICLETITLESECTIONS
IGeneral Provisions1 - 12
II 13 - 20
III 21 - 28
IVElection of Local Officials29 - 30
V 31 - 36
VI 37 - 51
VII 52 - 59
VIIIPolitical Parties60 - 62
IX 63 - 78
X 79 - 93
XI 94 - 112
XIIRegistration of Voters113 - 148
XIII 149 - 163
XIV 164 - 177
XVWatchers178 - 180
XVI 181 - 189
XVIICasting of Votes190 - 205
XVIIICounting of Votes206 - 220
XIXCanvass and Proclamation221 - 240
XXPre-Poclamation Controversies241 - 248
XXIElection Contests249 - 260
XXIIElection Offenses261 - 269
XXIIILegal Fees270 - 271
XXIVTransitory Provisions272 - 279
XXVFinal Provisions280 - 283

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