The Lawphil Project - Arellano Law Foundation
RESOLUTION NO. 6453
GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY AND NOMINATION OF OFFICIAL CANDIDATES OF REGISTERED POLITICAL PARTIES IN CONNECTION WITH THE MAY 10, 2004 NATIONAL AND LOCAL ELECTIONS

Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

RESOLUTION No. 6453

GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY AND NOMINATION OF OFFICIAL CANDIDATES OF REGISTERED POLITICAL PARTIES IN CONNECTION WITH THE MAY 10, 2004 NATIONAL AND LOCAL ELECTIONS

Promulgated: 10 December 2003

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, 2004 National and Local Elections.

SECTION 1. Certificate of Candidacy. -

a. No person shall be elected President, Vice-President, Senator, Member of the House of Representatives, Provincial, City or Municipal official unless he files personally or his duly authorized representative a sworn certificate of candidacy with the respective offices provided under Section 3 hereof. in the form prescribed by the Commission 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 or on or before midnight of January 2, 2004, he may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office/s. Said declaration shall be filed personally or through his duly authorized representative with the proper office in accordance with Sec. 3 hereof. The authority of the representative must be in writing and under oath, and shall be attached to the aforementioned written declaration.

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

SECTION 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 will support and defend 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 is not a permanent resident or immigrant to a foreign country; 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.

He shall affix his signature, thumbmark and his latest passport size photograph on the upper-right hand margin thereof; and if he so desires, a statement, in duplicate in not more than one hundred words, containing his bio-data and program of government.

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.

SECTION 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:

A. Law Department, Commission on Elections

For President, Vice-President and Senator;

B. Regional Election Director

For Members of the House of Representatives for legislative districts in the National Capital Region (NCR);

C. Provincial Election Supervisor concerned:

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

2. For Provincial officials,

D. 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;

E. 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 representative shall be in writing and under oath which shall be 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 certificate candidacy of a substitute candidate, in case of valid substitution, shall be filed in accordance with Section 13 hereof.

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

SECTION 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 running for any elective office or position shall not be considered resigned.

SECTION 5. Period for filing certificate of candidacy. - The certificate of candidacy shall be filed beginning December 15, 2003 to January 2, 2004 for both national and local elective positions on regular days during office hours except on the last day which shall be up to midnight.

No certificate of candidacy and/or party nomination shall be received after 12:00 o'clock midnight of January 2, 2004, except in cases of proper and valid substitution under Section 14 hereof.

SECTION 6. Certificates of nomination of official candidates by political party. - The certificate of nomination of registered political parties or coalitions of political parties of their official candidates shall be filed not later than the last day for filing of certificates of candidacy, which is January 2, 2004, 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 nominations but after his certificate of candidacy has been filed, a copy of the latter shall be attached to the former.

For this purpose, all registered political parties shall submit to the Law Department not later than December 15, 2003, the authorized signatories to official nominations of their respective candidates.

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 Section 14 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.lªvvph¡1.ñét

Political Parties are enjoined to decide on who will be their official candidates, otherwise all nominees shall be considered independent candidates.

SECTION 7. Effect of filing certificate of nomination. - A candidate who has not been nominated by a registered political party or its duly authorized representative, or whose nomination has not been submitted by a registered political party, or who accepts nominations from more than one registered political party, nomination of several candidates by a political party for the same position or in excess of the number of persons required to be noted for an elective position, except in cases of coalitions of said political parties, or whose nomination was filed after the last day of filing of certificates of candidacy, shall be considered as an independent candidate.

In such a situation the Political Parties shall, not later than January 9, 2004, submit in writing its official candidates otherwise all the nominees in question shall be considered independent candidates.

SECTION 8. Ministerial duty of receiving and acknowledging receipt of certificates of candidacy/nomination; Recording. - The receiving officer as provided for in Section 3hereof 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 January 2, 2004, the deadline for filing of certificates of candidacy. He shall stamp every copy of each certificate with the date and time of its receipt and affix his signature thereon.

Thereafter, he 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 officer or employee who received the certificate.

Immediately after 12:00 o'clock midnight of January 2, 2004, the receiving official 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.

SECTION 9. Watchers of candidates, political parties and accredited citizens' arms. - Any candidate, political party, accredited citizens 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.

SECTION 10. Reports on the delivery of certificates of candidacy. - On January 3, 2004 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 forty-eight (48) hours, the record book containing the record of certificates of candidacy/nomination received, list of candidates and all copies of the certificates of candidacy/nomination filed with the offices as provided in Section 3 hereof, shall, except one copy to be retained for file, be delivered personally to the Law Department, Commission in Manila by the following:

1. Regional Election Director - For Member of the House of Representatives in the legislative districts in the National Capital Region;

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 copies of certificates of candidacy/nomination for city and municipal positions to his Provincial Election Supervisor within twenty-four (24) hours from January 2, 2004.

3. City/Municipal Election Officer - For city and municipal positions in the National Capital Region.

SECTION 11. Distribution of Certificates of Candidacy. - Copies of the certificate of candidacy shall be distributed as follows:

Original copy, to the Law Department, COMELEC, Manila;

Second copy, to ERSD, Comelec, Manila;

Third copy, Project Director, Phase II Modernization, Comelec, Manila;

Fourth copy, Office of the Chairman; and

Fifth copy, to be retained by the Election Officer, or Provincial Election Supervisor, or Regional Election Director, for his file.

SECTION 12. 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:

A. Law Department

For President, Vice-President, and Senators;

B. Regional Election Director concerned

For Members of the House of Representatives in the legislative districts in the National Capital Region;

C. Provincial Election Supervisor concerned

For Members of the House of Representatives in legislative districts in provinces, and provincial officials;

D. 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.

For members of the House of Representatives in legislative districts in highly urbanized cities outside of NCR.

In all cases, the above-mentioned department/election officials shall submit a printed copy of the certified lists including the diskette/CD containing said data to the Project Director of Phase II, Modernization Project.

SECTION 13. Withdrawal of Certificate of Candidacy. - Any person who has filed a certificate of candidacy may at any time before election day file personally or by his duly authorized representative, 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 mail, telegram or facsimile. The authority of the representative shall be in writing and under oath which shall be attached to the statement of withdrawal.

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, furnishing thereof the Project Director of Phase II, Modernization Project.

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.

SECTION 14. 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. In cases of withdrawal or disqualification of a candidate, the substitute candidate nominated by the political party concerned may file his certificate of candidacy and nomination not later than January 15, 2004. In case of death or permanent incapacity, the substitute candidate may file his certificate of candidacy with the office herein provided not later than mid-day of election day. If death or permanent incapacity 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 candidates 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 or after January 2, 2004.

SECTION 15. Effect of Substitution on Votes Cast. - In case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered votes for the substitutes.

SECTION 16. 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 positions 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, or not later than January 7, 2004.

SECTION 17. 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 Section 74 of the Omnibus Election Code (Batas Pambansa Blg. 881).

SECTION 18. Where to file petitions to declare a candidate as nuisance, to deny due course or cancel certificate of candidacy. - Petitions to declare a candidate as nuisance, or to deny due course to or cancel certificate of candidacy shall be filed with the following offices of the Commission:

1. Clerk of Court of the Commission - For President, Vice-President or Senator;

2. Regional Election Director - For Member of the House of Representatives and local positions in the National Capital Region; and

3. Provincial Election Supervisor - For Members of the House of Representatives for legislative districts in provinces and local positions outside the National Capital Region.

The procedure on the "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 DISPOSITIONS OF DISQUALIFICATION CASES" shall be applicable herein.

SECTION 19. 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.

SECTION 20. Dissemination. - The Education and Information Department shall cause the publication of this resolution in two (2) newspapers of general circulation and give the same the widest dissemination possible and furnish copies thereof to all Regional Election Directors and Provincial Election Supervisors and accredited political parties and party-list.

SO ORDERED.


The Lawphil Project - Arellano Law Foundation