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 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
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
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
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.
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