Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
RESOLUTION No. 6452
RULES DELEGATING TO COMELEC FIELD OFFICIALS THE HEARING AND RECEPTION OF EVIDENCE OF DISQUALIFICATION CASES FILED IN CONNECTION WITH THE MAY 10, 2004 NATIONAL AND LOCAL ELECTIONS; MOTU PROPRIO ACTIONS AND DISPOSITION OF DISQUALIFICATION CASES
Promulgated: 10 December 2003
The Commission on Elections by virtue of the powers vested in it by the Constitution, the Omnibus Election Code and other election laws, RESOLVED to promulgate as it hereby promulgates the following rules:
SECTION 1. Delegation of reception of evidence. - The Commission hereby designates its field officials who are members of the Philippine Bar to hear and receive evidence in the following petitions: lªvvph¡1.ñét
a. Petition to deny due course or to cancel Certificate of Candidacy;
b. Petition to declare a nuisance candidate;
c. Petition to disqualify a candidate pursuant to Sec. 68 of the Omnibus Election Code and disqualify a candidate for lack of qualifications or possessing same grounds for disqualification; and
d. Petition to disqualify a candidate engaged in gunrunning, using and transporting of firearms or in organizing special strike forces.
SECTION 2. Suspension of the Comelec Rules of Procedure. - In the interest of justice and in order to attain speedy disposition of cases, the Comelec Rules of Procedure or any portion thereof inconsistent herewith is hereby suspended.
SECTION 3. Where to file petitions. - The petitions shall be filed with the following offices of the Commission:
a. For President, Vice-President, Senator and Party-List Organizations, with the Clerk of the Commission, Commission on Elections in Manila;
b. For Member of the House of Representatives and local positions including highly-urbanized cities, in the National Capital Region, with the Regional Election Director of said region;
c. For all other positions, with the Provincial Election Supervisor concerned.
PROVIDED, in cases of highly-urbanized cities the filing of petitions for disqualification shall be with the Office of the Regional Election Directors. In no case shall the Office of the Clerk of the Commission accept petitions for disqualification except for positions under item (a).
Provided further, that Provincial Election Supervisors who are not lawyers shall accept the petitions indicating the date and time of receipt and payment of filing and legal research fees with proper receipt and shall personally or through his authorized representative transmit the same within the day to the Regional Election Directors concerned.
The Regional Election Directors concerned shall hear and receive evidence strictly in accordance with the procedure and timelines herein provided.
SECTION 4. Dismissal of petition. - Petition filed through mail and/or not in accordance with the herein rules shall not be accepted or docketed without prejudice to the refilling of the same in accordance with the rules and within the reglamentary period for filing the same,
SECTION 5. Procedure in filing petitions. - For purposes of the preceding section, the following procedure shall be observed:
A. PETITION TO DENY DUE COURSE OR TO CANCEL CERTIFICATE OF CANDIDACY
1. A verified petition to deny due course or to cancel certificate of candidacy may be filed at any time after the filing of the certificate of the person whose candidacy is sought to be denied due course or cancelled but not later than January 7, 2004.
2. The petition shall be filed in ten (10) legible copies personally or through a duly authorized representative with the offices mentioned in Sec. 3 by any citizen of voting age or a duly registered political party, organization, or coalition of political parties on the exclusive ground that any material representation contained therein as required by law is false.
Petitioner shall furnish the respondent through personal service a copy of the petition with proof of service.
3. Upon payment of filing fee of P3,000.00 and legal research fee of P50.00, the offices concerned shall docket the petition and assign to it a docket number, which must be consecutive according to the order of receipt and must bear the year and prefixed as SPA with the corresponding initial of the name of the office, i.e. SPA (RED) No. A04-001; SPA (PES) No. A04-001.
No petition shall be docketed unless the preceding requirements have been complied with;
4. Upon filing of the petition, the offices concerned shall within three (3) calendar days issue summons with notice of hearing through personal service, or telegram to the respondent and also notice of hearing to the parties concerned;
In cases where furnishing of a copy of the petition to respondent is not physically feasible, the RED/PES concerned shall utilize the services of the PNP to cause the personal service of summons within forty-eight (48) hours from the filing of the petition.
5. The respondent shall be given three (3) days from receipt of summons within which to file his verified answer (not a motion to dismiss) to the petition in ten (10) legible copies serving a copy thereof through personal service upon the petitioner. Grounds for Motion to Dismiss may be raised as an affirmative defense;
6. The proceeding shall be summary in nature. In lieu of the testimonies, the parties shall submit their affidavits or counter-affidavits and other documentary evidence including their position paper or memorandum within a period of three (3) inextendible days;
The position paper or memorandum of each party shall contain the following:
a. A "Statement of the Case", which is a clear and concise statement of the nature of the action, a summary of the documentary evidence and other matters necessary to an understanding of the nature of the controversy;
b. A "Statement of the Issues", which is a clear and concise statement of the issues;
c. The "Argument" which is a clear and concise presentation of the argument in support of each issue; and
d. The "Relief" which is a specification of the judgment which the party seeks to obtain. The issues raised in his/its pleadings but not included in the Memorandum shall be deemed waived or abandoned. Being a summation of the parties pleadings and documentary evidence, the Commission may consider the memorandum alone in deciding or resolving the petition.
7. The hearing must be completed within ten (10) days from the date of the filing of the answer. The Hearing Officer concerned shall personally or through his authorized representative submit to the Clerk of the Commission his Hearing/Case, report(s) indicating his findings and recommendations within five (5) days from the completion of the hearing and reception of evidence together with the complete records of the case;
8. Upon receipt of the records of the case and the findings, and recommendations of the Hearing Officer concerned, the Clerk of the Commission shall immediately docket the case consecutively and calendar the same for raffle to a division;
9. The division to whom the case is raffled shall, after evaluation and consultation, assign immediately the same to a member who shall pen the decision within five (5) days from the date of consultation.
B. PETITION TO DECLARE A NUISANCE CANDIDATE
1. The verified petition to declare a nuisance candidate must be filed within five (5) days following the last day for the filing of certificates of candidacy or from January 3 to January 7, 2004.
2. The petition shall be filed in ten (10) legible copies personally or through a duly authorized representative with the offices mentioned in Sec. 3 by any candidate for the same office on the following grounds:
a. The certificate of candidacy was filed to put the election process in mockery or disrepute;
b. The certificate of candidacy causes confusion among the voters by similarity of names of the registered candidates;
c. By other acts or circumstances clearly demonstrating that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed.
Petitioner shall furnish the respondent through personal service a copy of the petition with proof of service.
3. Upon payment of the filing fee of P3,000.00 and legal research fee of P50.00, the offices concerned shall docket the petition and assign to it a docket number which must be consecutive according to the order of receipt, and must bear the year and prefixed as SPA the corresponding initial of the name of the office, i.e. SPA (RED) No. BO4-001; SPA (PES) No. BO4-001.
Upon filing of the petition the offices concerned shall issue summons within three (3) calendar days with notice of hearing through personal service or telegram to the respondent and also notice of hearing to parties concerned.
In cases where furnishing of a copy of the petition to respondent is not physically feasible, the RED/PES concerned shall utilize the services of the PNP to cause the personal service of summons within forty-eight (48) hours from the filing of the petition.
4. The respondent shall be given three (3) days from receipt of summons within which to file his verified answer (not a motion to dismiss) to the petition in ten (10) legible copies, serving a copy thereof through personal service upon the petitioner. Grounds for Motion to dismiss may be raised as affirmative defense;
5. The proceeding shall be summary in nature. In lieu of the testimonies, the parties shall submit their affidavits or counter-affidavits and other documentary evidence including their position paper or memorandum within a period of three (3) inextendible days.
The position paper or memorandum of each party shall contain the following:
a. A "Statement of the Case", which is a clear and concise statement of the nature of the action, a summary of the documentary evidence and other matters necessary to an understanding of the nature of the controversy;
b. A "Statement of the Issues", which is a clear and concise statement of the issues;
c. The "Argument" which is a clear and concise presentation of the argument in support of each issue; and
d. The "Relief" which is a specification of the judgment which the party seeks to obtain. The issues raised in his/its pleadings but not included in the Memorandum shall be deemed waived or abandoned. Being a summation of the parties pleadings and documentary evidence, the Commission may consider the memorandum alone in deciding or resolving the petition.
6. The hearing must be completed within ten (10) days from the date of the filing of the answer. The Hearing Officer concerned shall personally or through his authorized representative submit to the Clerk of the Commission his Hearing/Case report indicating his findings and recommendations within five (5) days from the completion of the hearing and reception of evidence together with the records of the case;
7. Upon receipt of the records of the case and the findings, reports and recommendations of the hearing officer concerned, the Clerk of the Commission shall immediately docket the case consecutively and calendar the same for raffle to a division;
8. The division to whom the case is raffled shall, after evaluation and consultation assign the same to a member who shall pen the decision within five (5) days from date of consultation.
C. PETITION TO DISQUALIFY A CANDIDATE PURSUANT TO SEC. 68 OF THE OMNIBUS ELECTION CODE AND PETITION TO DISQUALIFY FOR LACK OF QUALIFICATIONS OR POSSESSING SAME GROUNDS FOR DISQUALIFICATION
1. The verified petition to disqualify a candidate pursuant to Sec. 68 of the Omnibus Election Code and the verified petition to disqualify a candidate for lack of qualifications or possessing same grounds for disqualification, may be filed any day after the last day for filing of certificates of candidacy but not later than the date of proclamation.
2. The petition to disqualify a candidate pursuant to Sec. 68 of the Omnibus Election Code shall be filed in ten (10) legible copies with the concerned office mentioned in Sec. 3 personally or through a duly authorized representative by any citizen of voting age, or duly registered political party, organization or coalition of political parties against 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:
2.a having given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; or
2.b having committed acts of terrorism to enhance his candidacy; or
2.c having spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code; or
2.d having solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104 of the Omnibus Election Code; or
2.e having violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc sub-paragraph 6 of the Omnibus Election Code, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office.
3. The petition to disqualify a candidate for lack of qualification or possessing same grounds for disqualification, shall be filed in ten (10) legible copies with the concerned office mentioned in Sec. 3 personally or through duly authorized representative by citizen of voting age, or duly registered political party, organization or coalition of political parties on the grounds that the candidate does not possess all the qualifications of a candidate as provided for by the constitution or by existing law or who possesses some grounds for disqualification,
3.a Disqualification under Existing Law
1. for not being a citizen of the Philippines;
2. for being a permanent resident of or an immigrant of a foreign country;
3. for lack of age;
4. for lack of residence;
5. for not being a registered voter;
6. for not being able to read and write;
7. for not being a bona fide member of the party or organization which the nominee seeks to represent for at least ninety (90) days preceding the day of the election. ( for party-list nominee)
3.b Some grounds for Disqualifications:
1. for not being a citizen of the Philippines;
2. for being a permanent resident of or an immigrant of a foreign country;
3. for lack of age;
4. for lack of residence;
5. for not being a registered voter;
6. for not being able to read and write;
7. for not being a bona fide member of the party or organization which the nominee seeks to represent for at least ninety (90) days preceding the day of the election. ( for party-list nominee)
4. Petitioner shall furnish the respondent through personal service a copy of the petition with proof of service.
5. Upon payment of the filing fee of P3,000.00 and legal research fee of P50.00 the offices concerned shall docket the petition and assign to it a docket number which must be consecutive, according to the order of receipt and must bear the year and prefixed as SPA with the corresponding initial of the name of the office, i.e. SPA (RED) No. C04-001; SPA (PES) No. C04-001.
No petition shall be docketed unless the preceding requirements have been complied with;
6. Within three (3) calendar days from filing of the petitions, the offices concerned shall issue summons with notice of hearing through personal service or telegram to the respondent candidate and also notice of hearing to the parties concerned;
In cases where furnishing of a copy of the petition to respondent is not physically feasible, the RED/PES concerned shall utilize the services of the PNP to cause the personal service of summons within forty-eight (48) hours from the filing of the petition.
7. The respondent shall be given three (3) days from receipt of summons within which to file his verified answer (not a motion to dismiss) to the petition in ten (10) legible copies, serving a copy thereof upon the petitioner through personal service and with proof of service. Grounds for Motion to Dismiss may be raised as an affirmative defense;
8. The proceeding shall be summary in nature. In lieu of the testimonies, the parties shall submit their affidavits or counter-affidavits and other documentary evidences including their position paper or memorandum.
The position paper or memorandum of each party shall contain the following:
a. A "Statement of the Case", which is a clear and concise statement of the nature of the action, a summary of the documentary evidence and other matters necessary to an understanding of the nature of the controversy;
b. A "Statement of the Issues", which is a clear and concise statement of the issues;
c. The "Argument" which is a clear and concise presentation of the argument in support of each issue; and
d. The "Relief" which is a specification of the judgment which the party seeks to obtain. The issues raised in his/its pleadings but not included in the Memorandum shall be deemed waived or abandoned. Being a summation of the parties pleadings and documentary evidence, the Commission may consider the memorandum alone in deciding or resolving the petition.
9. The hearing must be completed within ten (10) days from the date of the filing of the answer. The Hearing Officer concerned shall personally or through his authorized representative submit to the Clerk of the Commission his Hearing/Case report(s) indicating his recommendations and findings, within five (5) days from the completion of the hearing and reception of evidence together with the complete records of the case;
10. Upon receipt of the records of the case and the findings, reports and recommendation of the hearing officer concerned, the Clerk of the Commission shall immediately docket the case consecutively and calendar the same for raffle to a division;
11. The division to whom the case is raffled, shall after evaluation and consultation, assign the same to a member who shall pen the decision within five (5) days from the date of consultation.
D. PETITION TO DISQUALIFY A CANDIDATE ENGAGED IN GUN RUNNING, USING AND TRANSPORTING OF FIREARMS OR IN ORGANIZING SPECIAL STRIKE FORCES
1. The verified petition to disqualify a candidate engaged in gun running, using and transporting of firearms or in organizing special strike forces may be filed at any day after the filing of the certificate of candidacy but not later than the date of proclamation.
2. The petition shall be filed in ten (10) legible copies personally or through a duly authorized representative with the offices mentioned in Sec. 3 against any candidate by any citizen of voting age on the following grounds:
2.a By engaging directly or indirectly in gun running, using or transporting of firearms including "paltik" or homemade guns;
2.b By organizing or using private armies or special strike forces at any time during the election period.
Petitioner shall furnish the respondent through personal service a copy of the petition with proof of service.
3. Upon payment of the filing fee of P3,000.00 and legal research fee of P50.00, the offices concerned shall docket the petition and assign to it a docket number which must be consecutive, according to the date of receipt and must bear the year and prefixed as SPA with the corresponding initial of the name of the office, i.e. SPA (RED) No. D04-001; SPA (PES) No. D04-001;
No petition shall be docketed unless the preceding requirements have been complied with;
4. Within three (3) calendar days from the filing of the petition, the offices concerned shall issue summons with notice of hearing through personal service or telegram to the respondent candidate and also notice of hearing to the parties concerned.
In cases where furnishing of a copy of the petition to respondent is not physically feasible, the RED/PES concerned shall utilize the services of the PNP to cause the personal service of summons within forty-eight (48) hours from the filing of the petition.
5. The respondent shall be given three (3) days from receipt of summons within which to file his verified answer (not a motion to dismiss) to the petition in ten (10) legible copies, serving a copy thereof upon the petitioner. Grounds for Motion to Dismiss may be raised as affirmative defense;
6. The proceeding shall be summary in nature. In lieu of the testimonies, the parties shall submit their affidavits or counter-affidavits and other documentary evidence including their position paper or memorandum;
The position paper or memorandum of each party shall contain the following:
a. A "Statement of the Case", which is a clear and concise statement of the nature of the action, a summary of the documentary evidence and other matters necessary to an understanding of the nature of the controversy;
b. A "Statement of the Issues", which is a clear and concise statement of the issues;
c. The "Argument" which is a clear and concise presentation of the argument in support of each issue; and
d. The "Relief" which is a specification of the judgment which the party seeks to obtain. The issues raised in his/its pleadings but not included in the Memorandum shall be deemed waived or abandoned. Being a summation of the parties pleadings and documentary evidence, the Commission may consider the memorandum alone in deciding or resolving the petition.
7. The hearing must be completed within ten (10) days from the date of the filing of the answer. The hearing officer concerned shall personally submit to the Clerk of the Commission his findings, reports and recommendations within five (5) days from the completion of the hearing and reception of evidence together with the records of the case;
8. Upon receipt of the records of the case and the findings, reports and recommendation of the hearing officer concerned, the Clerk of the Commission shall immediately docket the case consecutively and calendar the same for raffle to a division.
9. The division to whom the case is raffled shall, after consultation assign the same to a member who shall pen the decision within five (5) days from the date of consultation.
SECTION 6. Motu Proprio Cases. - The Commission may, at any time before the election, motu proprio refuse to give due course to or cancel a certificate of candidacy of any candidate for the positions of President, Vice-President, Senator and Party-list:
I. The grounds:
a. Candidates who, on the face of their certificate of candidacy, do not possess the constitutional and legal qualifications of the office to which they aspire to be elected;
b. Candidate who, on the face of said certificate, filed their certificate of candidacy to put the election process in mockery or disrepute;
c. Candidates whose certificate of candidacy could cause confusion among the voters by the similarity of names and surnames with other candidates; and
d. Candidates who have no bona fide intention to run for the office for which the certificate of candidacy had been filed or acts that clearly demonstrate the lack of such bona fide intention, such as:
d.1. Candidates who do not belong to or are not nominated by any registered political party of national constituency;
d.2. Presidential, Vice-Presidential who do not present running mates for vice-president, respectively, nor senatorial candidates;
d.3. Candidates who do not have a platform of government and are not capable of waging a nationwide campaign.
II. Procedure:
a. Upon receipt of the certificates of candidacy for the offices of President, Vice-President and Senator, the Law Department shall within five (5) days from the last day for filing certificate of candidacy, forward to the Commission en banc through the Office of the Comelec Secretary, the certificates of candidacy together with its study and recommendation;
b. The Comelec Secretary upon receipt thereof shall immediately calendar for deliberation the certificates of candidacy together with the study and recommendation of the Law Department with notice to all members of the Commission;
c. Within five (5) days from the date of the deliberation, the Commission shall resolve all matters relative to the certificates of candidacy submitted to it;
d. The resolution shall be published in two (2) newspapers of general circulation;
e. Any candidate whose certificate of candidacy has been adversely affected may personally or through authorized representative file a verified opposition thereto in ten (10) legible copies, within five (5) days. from date of publication with the Office of the Clerk of the Commission who shall assign a docket number which must be consecutive according to the order of receipt and must bear the year and prefixed as SPA (MP);
f. The Clerk of the Commission shall set the opposition for hearing within three (3) days from receipt thereof.
III. Decision:
Within two (2) days after the hearing, the Clerk of the Commission shall calendar the Opposition for consultation and thereafter, the member to whom the case is assigned shall pen the decision within five (5) days from the date of consultation.
SECTION 7. Promulgation. - The promulgation of a decision or resolution of the Comission or a Division shall be made on a date previously fixed, of which notice shall be served in advance upon the parties or their attorneys personally or by registered mail or by telegram or fax.
SECTION 8. Motion for Reconsideration. - A motion to reconsider a decision, resolution, order or ruling of a division shall be filed within three (3) days from the promulgation thereof. Such motion, if not pro-forma suspends the execution for implementation of the decision, resolution, order and ruling.
Within twenty-four (24) hours from the filing thereof, the Clerk of the Commission shall notify the Presiding Commissioner. The latter shall, within two (2) days thereafter, certify the case to the Commission en banc.
The Clerk of the Commission shall calendar the motion for reconsideration for the resolution of the Commission en banc within three (3) days from the certification thereof.
SECTION 9. Effectivity. - This resolution shall take effect on the seventh (7th) day after its publication in two (2) newspapers of general circulation.
SECTION 10. The Education and Information Department, this Commission, shall cause the publication of this resolution in two (2) newspapers of general circulation.
SECTION 11. Dissemination. - The Deputy Executive Director Operations shall furnish copies of this resolution to the Regional Election Directors, Provincial Election Supervisors, Election Officers, of this Commission and give it the widest dissemination possible.
SO ORDERED.
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