COMMISSION ON ELECTIONSMAY 10, 2010 NATIONAL AND

LOCAL ELECTIONS

Atty. Temie Perez Lambino, CESE

Provincial Election Supervisor IV

WHAT IS ELECTION?

An election is a formal decision-making process by which a population chooses an individual to hold public office.

Encyclopedia Britanica

A more noble definition. It is the bedrock of our democratic society.

WHEN IS THE PERIOD OF THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS?

One hundred twenty (120) days before the day of the election and thirty (30) days thereafter.

January 10, 2010 to June 9, 2010. (Comelec Res. No. 8646)

WHEN IS THE ELECTION DAY?

May 10, 2010.

The casting of votes will be from 7:00 AM to 6:00 PM.

WHAT IS A CERTIFICATE OF CANDIDACY (COC)?

It is a form prescribed by the COMELEC to be filled up and filed in five (5) copies by the person who intends to run for an elective office this coming May 10, 2010 National and Local Elections.

WHEN IS THE FILING OF COC?

From November 20, 2009 to December 1, 2009. (Comelec Res. No. 8692).

It includes Saturdays and Sundays. November 20, 2009 to November 30, 2009, the

time of filing is from 8:00 AM to 5:00 PM. The last day (December 1, 2009) will be until

8:00 AM to 12:00 Midnight.

WHY IS THE COC IMPORTANT?

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, and within the period fixed herein. (SEC. 1, Comelec Res. No. 8678)

WHAT IS THE EFFECT OF FILING TWO OR MORE COCS?

If he files a certificate of candidacy for more than one office he shall not be eligible for either. (SEC. 1(b) Comelec Res. No. 8678)

WHAT IS THE REMEDY OF A PERSON WHO FILED COCS FOR TWO OR MORE POSITIONS?

Before the expiration of the period for the filing of certificate of candidacy (December 1, 2009), 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.

WHO SHALL FILE A COC?

A COC 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. (SEC. 3, Comelec Res. No. 8678)

IS A GOVERNMENT OFFICIAL/EMPLOYEE CONSIDERED RESIGNED AFTER FILING HIS COC?

It depends. 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. (SEC. 4 (A) Comelec Res. No. 8678)

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. 4 (b) Comelec Res. No. 8678)

MATTERS CONCERNING CERTIFICATE OF NOMINATION (CON). 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 (December 1, 2009), 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 COC has been filed, a copy of the certificate of nomination shall be attached to the certificate of candidacy. (SEC. 6, Comelec Res. No. 8678)

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.

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. (SEC. 6, Comelec Res. No. 8678)

WHO IS AN 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;

5) 5) whose nomination was filed after the last day of filing of certificate of candidacy. (SEC. 7, Comelec Res. No. 8678)

MATTERS ON THE WITHDRAWAL OF COC:

Any person who has filed a certificate of candidacy may at any time before election day, 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. ( SEC. 12, Comelec Res. No. 8678)

WHEN IS SUBSTITUTION OF A CANDIDATE ALLOWED? 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.

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. (Sec. 13, Comelec Res. No. 8678)

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.

No substitute shall be allowed for any independent candidate. (Sec. 13, Comelec res. No. 8678)

IS A PERSON WHO HAS WITHDRAWN HIS COC ELIGIBLE AS SUBSTITUTE CANDIDATE AFTER DECEMBER 1, 2009?

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. 13, Comelec res. No. 8678)

WHO IS A NUISANCE CANDIDATE?

A person who filed his COC: 1. “to put the election process in mockery or

disrepute, 2. 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.

WHO AND WHEN TO FILE A PETITION FOR DISQUALIFICATION OR DENIAL OF DUE COURSE?

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).

WHAT ARE THE 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. 16, CR No. 8678)

WHEN IS THE CAMPAIGN PERIOD FOR NATIONAL AND LOCAL POSITIONS?

For National Positions – February 9, 2010 to May 8, 2010. (Comelec Res. No. 8646)

For Local Positions – March 26, 2010 to May 8, 2010. (Comelec Res. No. 8646)

WHO IS A CANDIDATE?

A candidate is “any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties.” (Section 79(a) of the Omnibus Election Code)

DEFINE CAMPAIGNING  The term "election campaign" or "partisan political activity" refers to an act

designed to promote the election or defeat of a particular candidate or candidates to a public office which shall include:

  (1) Forming organizations, associations, clubs, committees or other groups of

persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate;

  (2) Holding political caucuses, conferences, meetings, rallies, parades, or other

similar assemblies, for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate;

  (3) Making speeches, announcements or commentaries, or holding interviews for or

against the election of any candidate for public office;   (4) Publishing or distributing campaign literature or materials designed to support or

oppose the election of any candidate; or   (5) Directly or indirectly soliciting votes, pledges or support for or against a

candidate. (Sec. 79 (b), Omnibus Election Code)

PENERA VS. COMELEC

September 11, 2009 Decision of the Supreme Court.

Rosalinda Penera is disqualified.