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

Republic of the Philippines

COMMISSION ON ELECTIONS

Intramuros, Manila

RESOLUTION No. 10196

Guidelines on the Filing of Certificates of Candidacy in Connection with the October 23, 2017 Synchronized Barangay and Sangguniang Kabataan Elections
(Promulgation: 13 September 2017)

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

Resolution No. 9640 - General Instructions for BEI on Testing and Sealing, Voting, Counting and Transmission of Election Results

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SEC. 13. Prohibition against political activity. - No member of the BEI or its support staff shall engage in any partisan political activity, or take part in the election except to discharge his duties as such and to vote.

SEC. 14. DepEd Supervisors and their Support Staff; Composition and Functions. - There shall be at least one (1) DepEd Supervisor Official with one (1) support staff for every voting center.  In case of polling centers with more than ten (10) clustered precincts, an additional DepEd supervisor official with one (1) support staff shall be constituted, as follows:

The DepEd Supervisors, in coordination with the EO, shall, among other things:

a)  Plan, organize and supervise the setting-up of a voters' assistance center at the voting center to assist voters in locating their polling places/precinct assignments;

b)  Plan, organize and supervise the crowd management at the entrance areas of polling places;

c)  Maintain a list of technical personnel as well as PNP and AFP personnel in the voting centers for efficient coordination in case of need; and

d)  Serve as the contact and point person of the EO in the voting center.

The Support Staff of the DepEd Supervisor shall assist the latter in undertaking the abovementioned functions.

SEC. 15. Honoraria of the BEI and their support staff; DepEd Supervisor and their suppor staff. - The chairman and members of the BEI shall each receive an honorarium of three thousand pesos (P3,000.00).  In addition, each shall receive P500.00 for the Testing and Sealing of Machines; P500.00 for one-time transportation allowance, and service credits for three days of service (day before the elections, election day, and day after elections).

The BEI Support Staff shall receive an honorarium of P1,500.00 each and, if applicable, service credits, for three (3) days of service (day before the elections, election day, and day after elections.

DepEd Supervisors shall receive an honorarium of P3,000.00 and service credits for three (3) days of service (day before the elections, election day, and day after elections); while their support staff shall receive an honorarium of P1,500.00, and service credits for three (3) days of service (day before the elections, election day, and day after elections).

SEC. 16. Insurance of DepEd and Non-DepEd Personnel. - The Commission shall allocate the amount of Thirty Million Pesos (P30,000,000.00) for election-related death or injuries that may be sustained by DepEd and non-DepEd personnel in the performance of election duties; Provided, that, in case of death while in the performance of election duties, the heirs of the deceased official/employee shall be given the amount of Two Hundred Thousand Pesos (P200,000.00).

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Resolution No. 9005 - Accomplishment of Voter Application Forms by Illiterate or Person with Disability

SEC. 7. Accomplishment of application forms by illiterate or person with disability. -

As used in this Section, person with disability shall refer to disabled person as defined by the Republic Act No. 8189.   Any illiterate or person with disability shall be assisted by the Election Officer in the preparation of his application form, or by any member of an accredited Citizen’s arm, or a relative within the fourth civil degree of consanguinity or affinity, or if he has none present, by any person of confidence who belongs to the same household.

In no case shall an assistor assist more than three (3) times except the EO/EA.  All assistors must be of voting age.

The EO shall place the illiterate or person with disability under oath, after which the assistor shall ask the illiterate or person with disability relevant questions, and record the answers given in order to accomplish properly the application form.

Once the application form is accomplished, it shall be given to the EO who shall read the accomplished form aloud to the person assisted and ask him if the information given are true and correct.

The applicant shall, in the presence of the EO, affix his thumb mark or some other customary mark on the duly accomplished form.

The Assistor shall then accomplish in three (3) copies the Certification/Attestation, designated hereto as Annex “B”, which shall be attached to the accomplished application form.

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SEC. 1. Who may register SEC. 2. Who are disqualified to register SEC. 3. Date, time and place of filing of applications; hearing and approval/disapproval Sec. 4. ERB Hearing for the Purpose of Cleansing the Lists of Voters SEC. 5. Procedure for filing of applications for registration of Barangay Elections voters SEC. 6. Application sans biometrics SEC. 7. Accomplishment of application forms by illiterate or person with disability SEC. 8. Procedure for filing of application for transfer of registration records from another district/city/ municipality Sec. 9. Procedure for filing of Applications for transfer of registration records within the same city/municipality Sec. 10. Procedure for filing of Applications for Reactivation Sec. 11. Procedure for filing of applications for change of name by reason of marriage, or court order or order by the Civil Registrar or Consul General Sec. 12. Procedure for filing of applications for correction of entry/entries in the registration records Sec. 13. Procedure for filing of applications for reinstatement of registered voter whose name has been omitted in the list of voters

Sec. 14. Procedure for filing of applications for inclusion of registration record not included in the precinct book of voters Sec. 15. Cancellation of registration records Sec. 16. Deactivation of registration records. – Grounds; Procedure Sec. 17. Challenge of right to register Sec. 18. Authority of EO to administer oath and issue summons Sec. 19. Notice of hearing of applications Sec. 20. Approval or disapproval of application Sec. 21. Publication of action on applications Sec. 22. Petition for Inclusion of Voters in the List Sec. 23. Petition for Exclusion of Voters from the List Sec. 24. Disposition of applications for registration, transfer of registration records, reactivation, inclusion/reinstatement of record, change of name, correction of entry/entries and the compact discs (CDs) Sec. 25. Role of the Off-site Verification Teams Sec. 26. Role of the Regional and Assistant Regional Director and Provincial Election Supervisor Sec. 27. Applicability of other resolutions of the Commission Sec. 28. Effectivity, publication, and dissemination

Resolution No. 8678 - Guidelines on the Filing of Certificates of Candidacy and Nomination of Official Candidates

RESOLUTION No. 8678
Guidelines on the Filing of Certificates of Candidacy and Nomination of Official Candidates of Registered Political Parties in Connection with the May 10, 2010 National and Local Elections

[Promulgation: 06 October 2009]

The Commission on Elections, by virtue of the power vested in it by the Constitution, the Omnibus Election Code, and other election laws, RESOLVED to promulgate as it hereby promulgates, the following rules and guidelines on the filing of certificates of candidacy and nomination of official candidates of registered political parties in connection with the May 10, 2010 National and Local Elections.

SEC. 1. Certificate of Candidacy. - a) No person shall be elected President, Vice-President, Senators, Member of the House of Representatives, Provincial, City or Municipal officials unless he files a sworn certificate of candidacy in the form prescribed by the Commission (prescribed forms attached), and within the period fixed herein.

b) No person shall be eligible for more than one office to be filled in the same election. If he files a certificate of candidacy for more than one office he shall not be eligible for either. However, before the expiration of the period for the filing of certificate of candidacy, the person who has 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 office/s. Said declaration shall be filed personally or through his duly authorized representative with the proper office in accordance with Sec. 3 hereof.

c) A person who has filed a certificate of candidacy may, prior to the election, withdraw the same pursuant to Sec. 13 hereof.

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

SEC. 2. Contents of certificate of candidacy. - The certificate of candidacy shall be under oath and shall state that the person filing it is announcing his candidacy for the office and constituency stated therein; that he is eligible for said office, his age, sex, civil status, place and date of birth, his citizenship, whether natural-born or naturalized; the registered political party to which he belongs; if married, the full name of the spouse; his legal residence, giving the exact address, the precinct number, barangay, city or municipality and province where he is registered voter; his post office address for election purposes; his profession or occupation or employment; that he is not a permanent resident of an immigrant to a foreign country; that he will support and depend the Constitution of the Republic of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, decrees, resolution, rules and regulations promulgated and issued by the duly-constituted authorities; that he assumes the foregoing obligations voluntarily without mental reservation or purpose of evasion; and that the facts stated in the certificate are true and correct to the best of his own knowledge.

Unless a candidate has officially changed his name through a court-approved proceeding, a candidate shall use in a 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 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 of 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.

The person filing the certificate of candidacy may include one nickname or stage name by which he is generally or popularly known in the locality; Provided: That no candidate shall use the nickname, stage name or initials of another. In case of several nicknames or stage names, only the nickname or stage name first written shall be considered.

Titles, such as DON, DATU, DOCTOR, GINOO, or words of similar imports shall not be allowed.

SEC. 3. Where to file certificate of candidacy. - The certificate of candidacy shall be filed in FIVE (5) LEGIBLE COPIES with the offices of the Commission specified hereunder:

1. Law Department, Commission on Elections:  -- For President, Vice-President and Senator.

2. Regional Election Director, NCR:  --  For Members of the House of Representatives for legislative districts in the National Capital Region (NCR);

3. Provincial Election Supervisor concerned:

          1) Members of the House of Representatives of legislative districts in provinces;

          2) For Provincial officials;

4. City Election Officer concerned designated for the purpose by the Regional Election Director.

          1) Members of the House of Representatives for legislative districts in cities outside the NCR, which comprise one or more legislative districts;

          2) For City Officials of cities with more than one election officer.

Copies of the designation of the Election Officer concerned shall immediately be submitted to the Law Department of the Commission;

5. City/Municipal Election Officer concerned: --  For City/Municipal Officials

The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. No certificate of candidacy shall be filed or accepted by mail, telegram or facsimile. The authority of the authorized representative shall be in writing and under oath and attached to the certificate of candidacy.

Certificate of candidacy not filed with the correct offices as enumerated above shall not be accepted.

The filing of the certificate of candidacy of a substitute candidate, in case of valid substitution, shall be filed in accordance with Sec. 13 hereof.

The form of the certificate of candidacy shall be distributed free of charge and no filing fee shall be imposed.

SEC. 4. 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 position.

SEC. 5. Period for filing Certificate of Candidacy. - The certificate of candidacy shall be filed on regular days, from November 20 to 30, 2009, during office hours, except on the last day, which shall be until midnight.

SEC. 6. 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) 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 and shall bear the acceptance of the nominee by affixing his signature in the space provided therein. If the certificate of nomination of a candidate is filed within the period for filing of certificate of candidacy, but after his certificate of candidacy has been filed, a copy of the certificate of nomination shall be attached to the certificate of candidacy.

For this purpose, all registered political parties shall, not later than November 15, 2009, 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 Sec. 13 hereof.

No political party shall be allowed to nominate candidates more than the number of persons required to be voted for in an elective position. In such a situation, all of the nominations shall be denied due course by the Commission.

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