LOCAL GOVERNMENT CODE OF THE

PHILIPPINES
QUALIFICATION & DISQUALIFICATION OF ELECTIVE OFFICIALS
A. Candidate, Definition
Any person who files his certificate of candidacy within
prescribed period shall only be considered as a candidate
at the start of the campaign period for which he filed his
certificate of candidacy. [Sec. 15, R.A. 9369, Poll
Automation Law]
Any registered national, regional, or sectoral party,
organization or coalition thereof that has filed a
manifestation to participate under the party-list system
which has not withdrawn or which has not been
disqualified before the start of the campaign period.
[Comelec Res. 8758, Feb. 4, 2010]
B. Qualification of Elective Officials
Qualifications prescribed by law are continuing requirements and
must be possessed for the duration of the officers active tenure
[Frivaldo v. COMELEC (1989); Labo v. COMELEC (1989)]
Presid
ent/
Vice
Presid
ent

Senat
ors

Member of
the House
of
Representa
tives

Governor/Vi
ceGovernor/
Member of
the SP/
ayor/Vice
mayor /
Member of
SP of HUC

Mayor/ Vice
Mayor/Mem
ber of the
SP / SB of
ICC; CC;
Municipaliti
es

Barangay
Captain/
Members
of the
Sangguni
ang
Barangay

Sanggu
niang
Kabataan
Chairman

Citize

Natural

Natura

Natural born

Citizen of the

Citizen of the

Citizen of

Citizen of

n ship

born

l born

citizen

Phils

Phils

the Phils

the Phils

citizen

citizen

40

35

25

23

21 /18

18

15 but not

Age

more than
Voter

Registe
red
voter

Regist
ered
voter

Resid
ency

Residen
t of the
Philippi
nes for
at least
10
years
immedi
ately
precedi
ng the

Reside
nt for
not
less
than 2
years
immed
iately
preced
ing the
day of

21
Registered voter in the district where he intends to be elected

Resident for
a period of
not less than
one year
immediately
preceding
the day of
election

Resident for at least one year immediately preceeding

the day of election

Eligibi
lity

Legal
Bases

election

electio
n*

Able to
read
and
write*
The
1987
Philip
pine
Constit
ution
Art VII
Sec 2

Able to
read
and
write*
The
1987
Philip
pine
Constit
ution
Art VII
Sec 3

Able to read
and write

The 1987
Philippine
Constitution
Art VII Sec 6

Able to read & write Filipino or any other local

languages/dialect

The Local Govt Code of the Philippines: RA 7160

Title II: Elective Officials
Chapter I: Qualifications & Election
Sec 39

C. Disqualification of Elective Officials (under Local Government

Code)

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;
DE LA TORRE vs COMELEC 258 SCRA 483, 1996
Facts: Petitioner Rolando P. Dela Torre was disqualified by the Commission on
Elections from running for the position of Mayor of Cavinti, Laguna in the May
8, 1995 elections. The ground cited by the COMELEC was Section 40(a) of the
Local Government Code of 1991. Said section provides that those sentenced
by final judgement for an offense involving moral turpitude or for an offense
punishable by one (1) year or more imprisonment within two (2) years after
serving sentence are disqualified from running for any elective local position.

It was established by the COMELEC that the petitioner was found guilty by
the Municipal Trial Court for violation of the Anti-Fencing Law. It was
contended by the petitioner that Section 40(a) is not applicable to him
because he was granted probation by the MTC.
Issues:
1. Whether or not the crime of fencing involves moral turpitude.
2. Whether or not a grant of probation affects Section 40(a)s applicability.
Held: The Supreme Court held that actual knowledge by the fence of the
fact that property received is stolen displays the same degree of malicious
deprivation of ones rightful property as that which animated the robbery or
theft which, by their very nature, are crimes of moral turpitude. Anent the
second issue, suffice it to say that the legal effect of probation is only to
suspend the execution of the sentence. Petitioners conviction of fencing
which already declared as a crime of moral turpitude and thus falling
squarely under the disqualification found in Section 40(a), subsists and
remains totally unaffected notwithstanding the grant of probation

A petition for disqualification was filed against the petitioner for the alleged
conviction for violation of BP 22 which is a crime involving moral turpitude.
WON every criminal act involves moral turpitude.
A conviction for violation of B.P. Blg. 22 imports deceit and certainly
relates to and affects the good moral character of a person.Thus,
paraphrasing Blacks definition, a drawer who issues an unfunded check
deliberately reneges on his private duties he owes his fellow men or society
in a manner contrary to accepted and customary rule of right and duty,
justice, honesty or good morals.(Villaber vs. COMELEC)

Those removed from office as a result of an administrative case;

An elective local official who was removed from office as a result of an

administrative case prior to January 1, 1992 the date of effectivity of the
Local Government Code is not disqualified from running for an elective local
public office, because Sec. 40 of the Local Government Code cannot be given
retroactive effect (Grego v. COMELEC, GR No. 125955, June 19, 1997).

Those with dual citizenship;

Under R.A. 9225 Citizenship Retention and Re-acquisition Act of 2003, a
Filipino who becomes a naturalized citizen of another country is allowed to
retain his Filipino citizenship by swearing to the supreme authority of the
Republic of the Philippines. The act of taking an oath of allegiance is an
implicit renunciation of a naturalized citizens foreign citizenship.
Dual citizenship is not a ground for disqualification from running for
elective position. Like any other natural-born Filipino, it is enough for a
person with dual citizenship who seeks public office to (1) file his certificate

of candidacy and (2) swear to the Oath of Allegiance contained therein.

[Cordora vs. COMELEC, (February 2009)]
Private respondent filed a petition for disqualification alleging that petitioner
is not a citizen of the Philippines, But an immigrant and resident of USA.
Petitioner admitted that he was a naturalized American citizen but he applied
for dual citizenship under R.A. 9225.
WON he may be allowed to run for public office.
R.A. 9225 imposes an additional requirement on those who wish to seek
elective public office. He is thus disqualified from running for public office in
view of his failure to renounce his American citizenship. (De Guzman vs.
COMELEC)
With respect to a person with dual allegiance, the Court held that
candidates oath of allegiance to the Republic of the Philippines and his
Certificate of Candidacy do not substantially comply with the requirement of
a personal and sworn renunciation of foreign citizenship. Section 5(2) of
R.A. No. 9225 compels natural-born Filipinos, who have been naturalized as
citizens of a foreign country, but who reacquired or retained their Philippine
citizenship (1) to take the oath of allegiance under Section 3 of Republic Act
No. 9225, and (2) for those seeking elective public offices in the Philippines,
to additionally execute a personal and sworn renunciation of any and all
foreign citizenship before an authorized public officer prior or simultaneous
to the filing of their certificates of candidacy, to qualify as candidates in
Philippine elections. [Jacot vs. Dal, (November 2008)]
In 1988, Ramon Labo, Jr. was elected as mayor of Baguio City. His rival filed a
disqualification case against Labo asserting that he was an Australian citizen.
ISSUE:
Whether or not Labo can retain his public office
HELD: He was naturalized as an Australian in 1976. It was not his marriage
to an Australian that made him an Australian. It was his act of subsequently
swearing by taking an oath of allegiance to the government of Australia. He
lost his Filipino citizenship when he swore allegiance to Australia. He cannot
also claim that when he lost his Australian citizenship, he became solely a
Filipino. To restore his Filipino citizenship, he must be naturalized or
repatriated or be declared as a Filipino through an act of Congress none of
this happened. Labo, being a foreigner, cannot serve public office.

Fugitives from justice in criminal or nonpolitical cases here or

abroad;
Facts: The petitioner Eduardo T. Rodriguez was a candidate for Governor in
the Province of Quezon in the May 8, 1995 elections. His rival candidate for
the said position was Bienvenido O. Marquez, Jr., filed a petition for
disqualification before the COMELEC based principally on the allegation that
Rodriguez is a fugitive from justice. Private respondent revealed that a
charge for fraudulent insurance claims, grand theft and attempted grand
theft of personal property is pending against the petitioner before the Los
Angeles Municipal Court. Rodriguez is therefore a fugitive from justice

which is a ground for his disqualification/ ineligibility under Section 40 (e) of

the Local Government Code according to Marquez.
Rodriguez, however, submitted a certification from the Commission of
Immigration showing that Rodriguez left the US on June 25, 1985- roughly
five (5) months prior to the institution of the criminal complaint filed against
him before the Los Angeles Court.
Issue: Whether or not Rodriguez is a fugitive from justice.
Held: No. The Supreme Court reiterated that a fugitive from justice
includes not only those who flee after conviction to avoid punishment but
likewise who, being charged, flee to avoid prosecution. The definition thus
indicates that the intent to evade is the compelling factor that animates
ones flight from a particular jurisdiction. And obviously, there can only be an
intent to evade prosecution or punishment when there is knowledge by the
fleeing subject of an already instituted indictment or of a promulgated
judgment of conviction.

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
Petitioner was sought to be disqualified to hold public office on the ground
that he is a green card holder. He alleged that he merely obtained the green
card for convenience, that he is a permanent resident of the Philippines and
voted in the previous elections.
WON green card is proof that the holder is a permanent resident of the
United States.
Immigration to the Unites States constituted an abandonment of
respondents domicile and residence in the Philippines. He entered the
United States with the intention to have his residence there permanently as
evidenced by the application for an immigrants visa. To be qualified to run
for elective office in the Philippines, the law requires that the candidate who
is a green card holder must have waived his status as a permanent resident
or immigrant of a foreign country. (Caasi vs. COMELEC)
According to Prof. Barlongay, disqualifications may be classified into 4
categories: (1) status; (2) acts; (3) nuisance candidacy; and (4) falsity of
material representation in the certificate of candidacy.
1. Status
Lack of Filipino citizenship;
Lack of residency requirement;
Insanity or incompetence, as declared by competent authority;
Permanent residence or immigrant status in a foreign country, unless
such person has waived his status as permanent resident or immigrant
in accordance with the residence requirement provided for in the
election laws (Sec. 68, BP 881)
2. Acts
Sentence by final judgment for:

Subversion, insurrection, rebellion;

Any offense for which the candidate has been sentenced to a penalty
of more than 18 months of imprisonment;
Any offense involving moral turpitude;

Moral turpitude is an act of a baseness, vileness, or depravity in the private

duties which a man owes to his fellow men, or to society in general, contrary
to the accepted and customary rule of right and duty between man and
woman or conduct contrary to justice, honesty, modesty or good morals.
The general rule is that crimes mala in se involve moral turpitude while
crimes mala prohibita do not. Moral turpitude implies something immoral in
itself, regardless of the fact that it is punishable by law or not. (Dela Torre v.
COMELEC, 191 SCRA 229)
3. Nuisance candidacy
A nuisance candidate is one who files a certificate of candidacy:
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
Clearly demonstrating that he/she has no bona fide intention to run for
the office which the certificate of candidacy has been filed, and thus
prevents a faithful determination of the true will of the electorate.
(Sec. 69, BP 881)
4. Falsity of material representation
Falsity of a material representation in the certificate of candidacy
is a ground for the denial of due course to or cancellation of a certificate of
candidacy under Sec. 78 of BP 881.
STATUS

ACTS

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

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;

Those with dual

citizenship;

Those removed from

office as a result of an
administrative case;

The insane or feebleminded

Those convicted by final

judgment for violating
the oath of allegiance to
the Republic;
Fugitives from justice in
criminal or nonpolitical
cases here or abroad;

NUISAN
CE
CANDID
A CY

FALSITY
OF
MATERIAL
REPRESE
NTATION
(CoC)

D. SPECIAL DISQUALIFICATION Under the Lone Candidate Law

(Sec. 4, R.A. 8295)
The following persons are disqualified from running in a special election called to fill
the vacancy in an elective office, provided that evidence of their guilt is strong:

Man
ner
of
Elect
ion
Date
of
elect
ion

Term
of
Offic
e

Any elective official who has resigned from his office by accepting an
appointive office or for whatever reason which he previously occupied
but has caused to become vacant due to his resignation;
Any person who, directly or indirectly, coerces, bribes, threatens,
harasses, intimidates, or actually causes, inflicts or produces any
violence, injury, punishment, torture, damage, loss or disadvantage to
any person or persons aspiring to become a candidate or that of the
immediate member of his family, his honor or property that is meant to
eliminate all other potential candidate.

Preside
nt/Vice
Preside
nt

Senator

Member
of the
House of
Represe
ntatives

Governo
r/ViceGoverno
r/
Mayor/Vi
ceMayor

Elected
by direct
vote of
people
Sec 4 Art
VII
second
Monday
of May.
as
provided
by law
Section
4 Art VII

Elected
by direct
vote of
people

Elected
by direct
vote of
people

Elected at
large in
their
respectiv
e units

second
Monday
of May
as
provided
by law

Every 3 years
second Monday of May
or as provided by law

President
, six
years:
No
reelectio
n
No
person
who has
succeed
ed as

First 12, six years;

two consecutive
terms;
Second 12, three
years; two
consecutive terms

Member
of the
Sanggun
iang
Panlalaw
igan
/Member
of the
Sanggun
iang
Panlungs
od/Baya
n
Elected
by district
as may
be
provided
by law

Three years
Three succeeding terms

Barangay
Captain/
Member of
the
Sanggunia
ng
Barangay

Sangguniang
Kabataan
Chairman

Elected at
large in
their
respective
units

elected by
registered voters
of thekatipunan
ng kabataan

five (5) years,

Three
succeding
terms
As amended
RA 8524: AN
ACT
CHANGING
THE TERM
OF OFFICE
OF
BARANGAY
OFFICIALS

AND
MEMBERS
OF THE
SANGGUNIA
NG
KABATAAN
AMENDING
SECTION 43
OF REPUBLIC
ACT 7160,
OTHERWISE
KNOWN AS
THE LOCAL
GOVERNMEN
T CODE OF
1991, AND
FOR OTHER
PURPOSES

President
and has
served
as such
for more
than four
years
shall be
qualified
for
election
to the
same
office at
any
time.
Vice
President
, six
years, 2
successi
ve terms
Section 4
Art VII

Voluntary renunciation of the office for any length of time is not an

interruption in the continuity of his service for the full term for which he was
elected.
E. RULES ON SUCCESSION
1. Successors in permanent vacancies in office of local chief
executive. Sec. 44, LGC:
Permanent vacancy entails that an elective local official:
fills a higher vacant office;
refuses to assume office;
fails to qualify;
dies;
is removed from office;
voluntarily resigns; or
is otherwise permanently incapacitated to discharge the functions
of his office.
Office where Permanent
Vacancy Occurs

Who Succeeds into Office

Governor

Vice-governor

Mayor

Vice-mayor

Office of the governor or

[and] vice-governor,
mayor or [and] vicemayor

Highest ranking sanggunian member;

In case of his permanent inability, the 2nd highest
ranking sanggunian member;
Subsequent vacancies are filled automatically by the
other sanggunian members according to their ranking.

Office of the Punong

Barangay

Highest ranking sanggunian barangay member;

In case of his permanent inability, the 2nd highest
ranking sanggunian member

A tie between/ among the highest ranking sanggunian members is

resolved by drawing of lots.
Successors under S44, LGC serve only for the unexpired terms of their
predecessors.
2. Permanent vacancies in the sanggunian. Sec. 45, LGC
If automatic succession as provided in S44 does not apply, vacancy is to
be filled in by appointment made as follows:
Office where Permanent Vacancy
Occurs

Who Succeeds into Office

Member of Sanggunian Panlalawigan or

Sangguniang Panlungsod of highly urbanized
cities and independent component cities

Person appointed by the

President, through the Executive
Secretary

Member of Sangguniang Panlungsod of

component cities and the Sangguniang
Bayan

Person appointed by the governor

Member of the Sangguniang Barangay

Person appointed by themayor, upon

recommendation of the Sangguniang
Barangay concerned

Representation of the youth and the

barangay in the sanggunian

Official next in rank of the

organization concerned

General Rule: The appointee under Sec. 45 must be a nominee of the political
party under which the sanggunian member (whose elevation to the position next
higher in rank created the vacancy) had been elected.
Conditions sine qua non: There must be a nomination and certificate of
membership from the highest official of the political party or else the appointment
is:
null and void ab initio; and
a ground for administrative action against the responsible official.
If sanggunian member who caused vacancy does not belong to any political
party, the local chief executive shall appoint a qualified person, upon
recommendation of the sanggunian.
The appointee under S45 serves the unexpired term of the vacant office.
Exception: Sangguniang barangay.
If the vacancy pertains to barangay or youth representation in the sanggunian,
the vacancy is automatically filled by the official next in rank of the organization
concerned.
3. Temporary vacancy in the office of the local chief executive.
LGC.

Sec. 46,

Examples of local chief executives temporary incapacity to perform duties for

physical/legal reasons:
leave of absence;

 travel abroad;
suspension from office.
General rule: Vice-governor, city/ municipal vice-mayor, or the highest ranking
sangguniang barangay member shall automatically exercise the powers and
perform the duties and functions of the local chief executive.
Exception: The power to appoint/suspend/dismiss employees can be exercised
only if the period of temporary incapacity exceeds 30 working days.
If the local chief executive is traveling within the country but outside his territorial
jurisdiction for a period not exceeding 3 consecutive days, he may designate in
writing the officer-in-charge.
General rule: The local chief executive cannot authorize any local official to
assume the powers/duties/functions of his office, other than the vice-governor,
city/municipal vice-mayor, or highest ranking sangguniang barangay member.
The authorization shall specify the powers and functions that the officer-in-charge
shall exercise.
Exception: The power to appoint, suspend and dismiss employees.
If the local chief executive fails/refuses to issue the authorization, the vicegovernor, city/municipal vice-mayor, or highest ranking sangguniang barangay
member has right to assume the powers, duties, and functions of the office on the
4th day of absence.
Exception: The power to appoint/suspend/dismiss employees.
Office where
Temporary Vacancy Occurs

Who Temporarily Succeeds

into Office

Governor

Vice-governor (automatically)

Mayor

Vice-mayor (automatically)

Punong
barangay

Highest ranking sanggunian

member (automatically)

Local chief executive traveling within

the country but outside his territorial
jurisdiction for a period not
exceeding three (3) consecutive
days

1) Person designated in writing by the said

local chief executive
Authorization shall specify the powers and
functions that the designate will exercise,
except the power to appoint, suspend, or
dismiss employees
2) Vice-governor, vicemayor or highest
Sangguniang Barangay member, if the local
chief executive fails or refuses to designate
In this case, assumption into office shall be
on the 4th day of absence of the local chief
executive (automatically)

A vice-governor who is concurrently an acting governor is actually a quasigovernor. Being the acting governor, the vice-governor can no longer continue to
simultaneously exercise the duties of the latter office, since the nature of the duties
of the governor hinders him from discharging his duties for such office. Hence, there
is an inability on the part of the regular presiding officer, the vice-governor, to
preside during the sanggunian sessions, which calls for the election of a temporary
presiding officer. [Gamboa v. Aguirre (1999)]
The governor has the power to fill a vacancy in the Sangguniang Bayan caused by
a member not belonging to any political party. It is the same manner as where the
member belonged to a political party. Where there is no political party to make the
nomination, the recommendation. The appointing authority is limited to the
appointment of those recommended to his office. The recommendation is a
condition sine qua non for the validity of the appointment. [Farias v. Barba
(1996)]

4. Termination of the Temporary Incapacity:

Upon submission to the sanggunian of a written declaration that he has reported
back to office.
If the temporary incapacity is due to legal causes, he must also submit the
necessary documents showing that the legal causes no longer exist.
5. Approval of Leaves of Absence. Sec. 47, LGC.
LOCAL OFFICIAL

LOA APPROVED BY:

for governors;
mayors of
1)highly urbanized cities or
2)Independent component cities

The President or his

duly authorized
representative

for vice-governors;
for city/municipal vice-mayors

The local chief

executive

for city/municipal mayors of

Component cities/municipalities

The governor

for the sanggunian panlalawigan,

panlungsod and pambayan members;
its employees

The Vice-governor or
city/municipal vicemayor

for punong barangays

The city/municipal mayor

for sangguniang barangay members

The punong barangay

If the application for LOA is not acted upon within 5 working days after receipt, the
application is deemed approved.
F. Recall Sec. 69-75, LGC
Recall is a mode of removal of a public official by the people before the end of his
term of office. [Garcia v. COMELEC, (1993)]
Who has the power of recall: Power of recall for loss of confidence is exercised by
the registered voters of the LGU. [S69, LGC]
Effectivity: Upon the election and proclamation of a successor in the person of
the candidate receiving the highest number of votes cast during the election on
recall. Thus, if the official sought to be recalled receives the highest number of
votes, confidence in him is affirmed and he shall continue in office. [S72, LGC]
Prohibition on resignation: An Elective local official sought to be recalled is not
allowed to resign while the recall process is in progress. [S73, LGC]
Expenses: The Annual General Appropriations Act contains a provision for a
contingency fund at the disposal of the COMELEC. [S75, LGC]
RA 9244: An Act Eliminating the Preparatory Recall Assembly as a Mode of
Instituting Recall of Elective Local Government Officials, Amending for the Purpose
sec. 70-71 of the LGC of 1991.
Sec. 71. Election on Recall
COMELEC sets election within 30 days upon completion of previous section in
barangay/city/municipality proceedings (45 days in case of provinces) Officials
sought to be recalled are automatically candidates
NOTE: Under RA9244, the Congress removed the Preparatory Recall Assembly
as a mode of recall. A Regular local election is necessary in order to replace the

local elective official who is sought to be recalled. This does not include SK
elections.
[Paras v. COMELEC (1996)]