Elections Chapter 3 by Agpalo

CHAPTER 3- LAW ON ELECTIONS

A. ELIGIBILITY OF CANDIDATES

3. QUALIFICATION FOR LOCAL OFFICIALS

1. QUALIFICATIONS FOR PRESIDENT AND VICE PRESIDENT

Sectio! " # 3 , ARTICLE VII 1$%& CONSTITUTION stipulates:

RA 6 &170 Loc, Go8e)et Coe o2 1$$1( TITLE II( ELECTIVE OFFICIALS(

Sectio ". No person person may be elected President President unless he is a natural-born natural-born citizen of the CHAPTER I( Q+,i2ictio!  E,ectio

Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election. Sectio 3. There shall be a Vice-President who shall have the same ualifications and term of 

office and be elected with, and in the same manner, as the President. !e may be removed from office in

Sectio 3$.Qualifications. Qualifications. -

the same manner as the President. The Vice-President may be appointed as a "ember of the #abinet. $uch appointment reuires no confirmation.

&a' )n elective local official must be a citizen of the Philippines a registered voter in the  barangay, municipality, city, or pr ovince or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected a resident

". QUALIFICATIONS FOR 'E'BERS OF CONGRESS

therein for at least one &/' year immediately preceding the day of the election and able to read and write 0ilipino or any other local language or dialect.

BP %%1( O)i*+! E,ectio Coe Sectio /0 Q+,i2ictio! 2o 'e)*e! o2 t4e Bt!5 P)*!. No Person $hall be elected "ember of the %atasang Pambansa &#ongress' as a 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 a nd write, a registered voter in the constituency in

&b' #andidates #andidates for the position of governor, governor, vice-governor vice-governor,, or member member of the sangguniang sangguniang  panlalawigan, or mayor, vice-mayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twenty-one &+/' years of age on election day.

which he shall be elected, and a resident thereof for a period of not less than si( months immediately  preceding the day of the election. election. ) second representative representative shall be a natural natural born citizen citizen of the Philippines, Philippines, able to read and

&c' #andidates for the position of mayor or vice-mayor of independent component cities, component cities, or municipalities must be at least twenty-one &+/' years of age on election day.

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 fide member of the sector he see*s to represent, and in the case of representative of  the agricultural or industrial labor sector, shall be registered voter, and on the day of the election is at least

&d' #andidates #andidates for the position position of member member of the sangguniang sangguniang panlungsod panlungsod or sanggunian sangguniang g  bayan must be at least eighteen &/1' years of age on 2lection 2lection 3ay.

+ years of age. The youth sectoral representative should at least be eighteen and not be more than + years of age on the day of the election: Provided, however, That any youth sectoral representative who attains the age of + years during his term shall be entitle to continue in offive until the e(piration of his

&e' #andidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen &/1' years of age on 2lection 3ay.

term. 1$%& Co!tit+tio Atic,e VI( Sectio 0  No person shall be a "ember of the !ouse of 

epresentatives 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, and, except the party-list representatives, a

&f' #andidates for the sangguniang *abataan must be at least fifteen &/' years of age but not more than twenty-one &+/' years of a ge on 2lection 3ay.

registered voter in the district in which he shall be elected, and a resident thereof for aperiod of not less than one year immediately preceding the day of the election.

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Sectio /7. Disqualifications. 4 The following persons are disualified from running for any elective local

 position:

9. CITI:ENSHIP QUALIFICATION

&a' Those sentenced by final 5udgment for an offense involving moral turpitude or for an offense



 punishable by one &/' year or more of imprisonment, within two &+' years after serving sentence

 *engzon +++ vs. $, /0! S#$% 010 ' 22")3 ) citizen is either by birth, *nown as natural

 born citizen, or by naturalization or one who acuires his citizenship by undergoing the process of naturalization. The Pe!iet  'e)*e! o2 t4e Co5e!!  are reuired to be natural-

&b' Those removed from office as a result of an administrative case

 born citizens.

Nt+, Bo Citi;e! e t4o!e citi;e! o2 t4e P4i,i. !ence, a person

who runs for elective office but did not file a #># at all is not a candidate. )nd a certificate of  candidacy filed out of time or beyond the period fi(ed by law is void, and the person who filed it is not, in law, a candidate.  %lilay vs. #567#,  S#$% :0!3 t has also been held that FOR'AL DEFECTS IN COC )> NOT ee t4e ceti2icte INVALID and may be CURED *> )ei5 t4e COC. The amendment of the certificate, although at a date after the deadline but before the

election, is a $9%$T)NT)? #>"P?)N#2 with the law, and the defects cured. ((( has  been due to 4oe!t )i!te o )i!ite and such departure will be considered a HAR'LESS IRREGULARITY.

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after the elections, they are regarded as 8+$#5$= only to give effect the will of the electorate. ".

0or as regards election laws, it is established rule of interpretation that mandatory provisions

CONTENTS OF CERTIFICATE OF CANDIDACY

reuiring certain steps before the elections will be construed as directory after the elections, to give BP 6 %%10

effect to the will of the electorate. Thus, even if the #># was not duly signed or if it does contained

O'NIBUS ELECTION CODE( SECTION &/0#ontents of certificate of 

candidacy. 2 The certificate of candidacy shall

/. +. 6. 7. . ;. "2?2# after the last day for filing the #>#, he can be substituted by a persn belonging to, and certified by the same political party to which the disualified candidate belongs ot ,te t4 'ID-DY o2 t4e > o2 ELECTION.

$ubstitution of candidacy may be done under any of the circumstances prescribed in Section -- of the A'nibus Election Code, which !eads$

nless a candidate has officiall chaned his na'e th!ouh a c ou!t a##!o3ed #!oceedin, a

Sectio &&.Cite! i c!e o2 et4( i!?+,i2ictio o =it4=, o2 ot4e . 4 

ce!tificate shall use in a ce!tificate of candidac the na'e b which he has been ba#ti"ed, o! if has not 

I2 2te t4e ,!t > 2o t4e 2i,i5 o2 ceti2icte! o2 cic> , an official candidate of a

been ba#ti"ed in an c hu!ch o! !eliion, the na'e !eiste!ed in the office of the local ci3il !eist!a! o! an

registered or accredited political party DIES( WITHDRAWS OR IS DISQUALIFIED FOR ANY

othe! na'e allowed unde! the #!o3isions of e;istin law o !, in the case of a o2 t4e e,ectio.

 su!na'e, e;ce#t the incu'bent who 'a continue to use the na'e and su!na'e stated in his ce!tificate of 

f the death, withdrawal or disualification !4o+, occ+ *et=ee t4e > *e2oe t4e e ,ectio

candidac when he was elected. He 'a also include one nic@na'e o! stae na'e b which he is

 )i-> o2 e,ectio >( !i ceti2icte )> *e 2i,e = it4 > *o o2 e,ectio i!, with the #ommission.

The #e!son filin a ce!tificate of candidac shall also affi; his latest #hoto!a#h, #ass#o!t   si"e( a state'ent in du#licate containin his bio2data and #!o!a' of o3e!n'ent not e;ceedin one

/.

hund!ed wo!ds, if he so desi!es. 

 7ambanao vs. erro, "0 S#$% !"& '"(&0)3 t has been held that the provision of the election law on #>#, such as signing and swearing

SUBSTITUTION OF CANDIDACY SUBSTITUTE 'UST BELONG TO THE SA'E PARTY

 Sinaca vs. 6ula, /"0 S#$% && '"((()3 I!!+e J 

"ay an independent candidate who has filed his

#># for $angguniang %ayan withdraw such c andidacy, then affiliate as a party member of a political  party, is thereafter nominated by such political party to substitute its candidate for mayor a s the latter has

on the same and information reuired to be stated therein, are ")N3)T>J in terms.  owever,

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)s stated in OEC( Sectio &&.Cite! i c!e o2 et4( i!?+,i2ictio o =it4=,

 been disualified, and files his substitute cer tificate for mayor, legally run as substitute ca ndidate and his winning the election declared as validK

o2 ot4e  Section !!.#andidates in case of death, dis9ualification or withdrawal of another .  

He, J YES as ruled affirmatively by the $upreme #ourt. There is nothing in the #onstitution or the law

which reuires as a condition precedent that a substitute candidate must have been a member of the party concerned for a certain period of time before he can be nominated as such. A,, t4t Sectio && o2 BP %%1 O)i*+! E,ectio Coe e?+ie! i! t4t !+*!tit+te cite !4o+, *e  t4e !)e illanue3a 3s. Co'elec, 1)) SC:= G*G 41?*55.

Sectio &%. Petitio to e> +e co+!e to o cce,  ceti2icte o2 cic>. J 

EKceillanueva vs. #567#, G$ < 01!":, 8ec. 1, "(:03 Fhile a #># duly filed may be

withdrawn or cancelled before the day of election, it oe! ot ece!!i,> 2o,,o= t4t t4e cite =4o!e COC i! =it4= i! cce,,e )> *e !+*!tit+te *> ot4e .  /o! 

 substitution to ta@e #lace the withd!awal 'ust be effected afte! the last da fo! the filin of the #>#. 0 the withdrawal is made on the last day for filing of #>#, substitution is not allowed e(cept when withdrawal is filed on the last hour of the last day of filing the #># because for  all intents and purposes such withdrawal has been substantially made after the last day. .  

t provides that substitution of a candidate maybe permitted where the e?+i!ite! t4eeo2 e co)ne of such is that the candidate to be substituted by another )+!t 48e  8,i COC

+,> 2i,e =it4 t4e CO'ELEC(   cite =4o!e COC 4! *ee eie +e co+!e  cce,,e +e Sectio &% o2 t4e OEC i! ot  cite t ,,( =4o c 8,i,> !+*!tit+te *> ot4e.

--oOo--

VALID CERTIFICATE OF CANDIDATE SUBSTITUTED IS REQUIRED

 6iranda vs. %baya, /"" S#$% &"! '"((()3

WON  cite =4o!e COC 4! *ee

cce,,e o ot 5i8e +e co+!e c *e !+*!tit+te *> ot4e *e,o5i5 to t4e !)e