Part V.

Qualifications and Disqualifications of Candidates; Certificate of Candidacy

Disqualifications of Candidates 1. Declared insane or incompetent (removed upon declaration by competent authority that it has been removed) 2. Sentenced by final judgment for SIR (subversion, insurrection, rebellion) unless given plenary pardon or granted amnesty (removed after the expiration of a period of five years from service of sentence) 3. Sentenced by final judgment for any offense with a penalty of more than 18 months imprisonment unless given plenary pardon or granted amnesty (removed after the expiration of a period of five years from service of sentence) 4. Sentenced by final judgment for a crime involving moral turpitude, unless given plenary pardon or granted amnesty (removed after the expiration of a period of five years from service of sentence)
Art. I, Section 12 OEC. Disqualifications. - Any person who has been declared by competent authority insane or incompetent, or has been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he has been sentenced to a penalty of more than eighteen months or for a crime involving moral turpitude, shall be disqualified to be a candidate and to hold any office, unless he has been given plenary pardon or granted amnesty. These disqualifications to be a candidate herein provided shall be deemed removed upon the declaration by competent authority that said insanity or incompetence had been removed or after the expiration of a period of five years from his service of sentence, unless within the same period he again becomes disqualified.

accordance with the residence requirement provided in special laws. These shall be disqualified from continuing as a candidate; and if elected, disqualified from holding office. Revised Penal Code Disqualifications A candidate who is convicted of penalties under the Revised Penal Code which provides for accessory penalties of perpetual or temporary absolute disqualification, or perpetual or temporary special disqualification shall also be disqualified from running for public office. These penalties result in deprivation of public office, professions, callings and employments the offender may have held, even if conferred by popular election, the right to vote or to be elected, and loss of all rights to retirement pay or other pension for any office formerly held. Disqualifications of Candidates for Local Elective Office 1. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence; 2. Those removed from office as a result of an administrative case; 3. Those convicted by final judgment for violating the oath of allegiance to the Republic; 4. Those with dual citizenship; 5. Fugitives from justice in criminal or nonpolitical cases here or abroad; 6. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code; and 7. The insane or feeble-minded. Ipso Facto Resigned Upon Filing CoC: 1. Persons holding appointive office or position, including AFP 2. Officers and employees of GOCCs 3. Any elective official running for any office other than the one he is holding in permanent capacity, except the President and the VP

Disqualifications of Candidates to Continue 1. Declared by final decision of a competent court guilty of, or found by the Commission of having o given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; o committed acts of terrorism to enhance his candidacy; o spent in his election campaign an amount in excess of that allowed by this Code; o solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or o violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6 2. Permanent resident or an immigrant to a foreign country, unless he has waived his status as permanent resident or immigrant in

Art. IX, Section 68, Omnibus Election Code Disqualifications. - 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 having (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in excess of that allowed by this Code; (d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any person who is a

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permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws. Section 40, Local Government Code of 1991. Disqualifications. The following persons are disqualified from running for any elective local position: (a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence; (b) Those removed from office as a result of an administrative case; (c) Those convicted by final judgment for violating the oath of allegiance to the Republic; (d) Those with dual citizenship; (e) Fugitives from justice in criminal or non-political cases here or abroad; (f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code; and (g) The insane or feeble-minded.

2. Candidates for the position of governor, vicegovernor, or member of the sangguniang panlalawigan, or mayor, vice-mayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twentyone (21) years of age on election day. 3. Candidates for the position of mayor or vicemayor of independent component cities, component cities, or municipalities must be at least twenty-one (21) years of age on election day.
4.

Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen (18) years of age
on election day.

What are nuisance candidates? Any person who filed a COC to: - put the election process in mockery - disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates - 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.
Art. IX, Section 69, Omnibus Election Code Nuisance candidates. - The Commission may motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy 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 the names of the 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.

Section 39. Local Government Code of 1991. Qualifications. - (a) An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city, or province 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 therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect. (b) Candidates for the position of governor, vice-governor, or member of the sangguniang panlalawigan, or mayor, vicemayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twenty-one (21) years of age on election day. (c) Candidates for the position of mayor or vice-mayor of independent component cities, component cities, or municipalities must be at least twenty-one (21) years of age on election day. (d) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen (18) years of age on election day. (e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day. (f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day.

Qualifications of Local Elective Officials 1. An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city, or province 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 therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect.

Qualifications for Senators 1. Natural-born PH citizen 2. At least 35 years old on the day of the election 3. Able to read and write 4. Registered voter 5. Resident for not less than 2 years in the PH Qualifications for District Representatives 1. Natural-born PH citizen 2. At least 25 years old on the day of the election 3. Able to read and write 4. Except party-list representatives, registered voter in the district in which he shall be elected 5. Resident thereof of not less than one year immediately preceding the day of election

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Qualifications of Party-List Representatives 1. Natural-born citizen of PH 2. Registered voter 3. Resident of the PH for not less than one year immediately preceding day of election 4. Able to read and write 5. Bona fide member of the party or organization he seeks to represent for at least 90 days preceding day of election 6. At least 25 years old on day of election 7. Youth representative must be at least 25 years old but not be older than 30 years old on the day of the election 8. Youth representative who reaches 30 years old during his term shall be allowed to continue in office until the expiration of his term.
Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election. Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected. Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twentyfive years of age, able to read and write, and, except the partylist representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election. Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Qualifications of Presidential and Vice-Presidential Candidates. 1. 2. 3. 4. 5. Natural-born citizen of the PH Registered voter Able to read and write At least 40 years old on the day of election Resident of the PH for at least ten years immediately preceding such election.

Section 2. No person may be elected President unless he is a natural-born citizen of the 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. Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and in the same manner, as the President. x x x

Term of President and Vice-President Six years, beginning at noon on June 30 next day following the day of the election Ends noon of the same date President not eligible for any re-election (to the same position, i.e., President)

Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May. The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes. The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the

Expulsion/Suspension of Members of Congress - By concurrence of 2/3 of all members of respective House - Suspension cannot exceed 60 days. - Expulsion counted on three term limit.

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Members of both Houses of the Congress, voting separately. The Congress shall promulgate its rules for the canvassing of the certificates. The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

What if President-Elect fails to qualify? VP-elect shall act as President until the President-elect shall have qualified or be chosen and qualified.

Section 7. x x x x If the President-elect fails to qualify, the Vice President-elect shall act as President until the Presidentelect shall have qualified. If a President shall not have been chosen, the Vice Presidentelect shall act as President until a President shall have been chosen and qualified.

President-Elect dies on July 1! What to do? Vice-President Elect shall become President (think Loren Legardas insane claim nung namatay si FPJ.)

Certificate of Candidacy, contents. 1. Statement he is qualified 2. What he seeks to represent, if for Congress 3. Political party to which he belongs 4. Civil status 5. Date of birth 6. Residence 7. Post office address for election purposes 8. Profession or occupation 9. Statement he will support and defend the Constitution and maintain true allegiance thereto 10. Statement he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities 11. Statement that he is not a permanent resident or immigrant to a foreign country; 12. Statement that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion 13. Statement that the facts stated in the certificate of candidacy are true to the best of his knowledge

Section 7. x x x x If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice President-elect shall become President. x x x x

President-Elect and VP-Elect not qualified. Senate President or Speaker of House of Reps shall be Acting President until a President or a Vice-President shall have been chosen and qualified.

Section 7. x x x x Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a President or a Vice-President shall have been chosen and qualified. x x x x Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the VicePresident shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified. x x x x

Section 74, OEC. Contents of certificate of candidacy. - The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office; if for Member of the Batasang Pambansa, the province, including its component cities, highly urbanized city or district or sector which he seeks to represent; the political party to which he belongs; civil status; his date of birth; residence; his post office address for all election purposes; his profession or occupation; that he will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities; that he is not a permanent resident or immigrant to a foreign country; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge.

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