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No person who has withdrawn his candidacy for a position shall be eligible as substitute candidate for any other position after the deadline for filing of certificates of candidacy.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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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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Gov't and Private Employees May Register As Voters During Working Hours

The Commission on Elections through its website has announced that it has asked the Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC) to issue guidelines allowing private and public employees to register as voters even on weekdays and that their temporary absence from their work be considered as official time.

The COMELEC en banc, through Resolution No. 8669, promulgated September 15, 2009, noted that the DOLE is “bestowed with powers and functions for the full protection to labor, promotion of their welfare, and supervision over the relationship between employers and employees.”

Thus the COMELEC deemed it necessary to “request the Department of Labor and Employment (DOLE) 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.”

Meanwhile, the COMELEC in Resolution 8668, said that “government employees who as first time voters, or who desire to transfer/reactivate/correct/change/reinstate their registration records, deserve broader opportunities to exercise their right to suffrage through the filing of their applications for registration/transfer/reactivation/correction/change/reinstatement of registration records during weekdays.”

The poll body also made a similar request to the Civil Service Commission (CSC) to issue the appropriate order for civil servants.

COMELEC spokesman James Jimenez, for his part, said this move from the poll body “shows the COMELEC’s resolve to empower broadest number of workers, both in the private and in the public sector, by making sure that they will be able to cast their votes in the 2010 elections.” 

COMELEC Resolution No. 8668

Republic of the Philippines

COMMISSION ON ELECTIONS

Manila

Resolution No. 8668

(September 15, 2009)

IN THE MATTER OF REQUESTING THE CIVIL SERVICE COMMISSION (CSC) TO ISSUE AN ORDER /CIRCULAR ALLOWING GOVERNMENT EMPLOYEES TO GO ON OFFICIAL TIME WHEN FILING APPLICATIONS FOR VOTER'S REGISTRATION

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, 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 of registration records, reactivation, changes/ correction/ inclusions/ reinstatement of entries in the registration records from December 2, 2008 up to October 31;

WHEREAS, the Civil Service Commission, as the central personnel and administrative agency of the government is mandated under the constitution, to adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service;

WHEREAS, government employees who as first time voters, or who desire to transfer/reactivate/correct/change/reinstate their registration records, deserve broader opportunities to exercise their 'right of suffrage through the filing, of their applications for registration/ transfer/reactivation/correction/ change/ reinstatement of registration records during working days;

WHEREAS, it is imperative to request the Civil Service Commission to issue guidelines/implementing rules allowing government employees to file applications for of their voter's registration records, at the Office of the Election Officer, even during weekdays, and that their temporary absence from their work stations be considered on official time;

NOW THEREFORE, the Commission RESOLVED, as it hereby RESOLVES, to request the Civil Service Commission to issue the appropriate order/circular/guidelines that would consider on official time the filing by government employees of their applications for registration, transfer of registration records, reactivation and changes/correction/inclusions/reinstatement of entries in their registration records, during working hours.

Let the Executive Director implement this Resolution.

SO ORDERED.

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

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.