FLAG OF THE PHILIPPINES
It shall be red, white, and blue, with a sun and three
stars, as consecrated and honored by the people and
recognized by law. (1987 Constitution, Art. XVI, Sec.
1)
SYMBOLS OF NATIONALITY
1. Philippine Flag – the flag may be changed by
constitutional amendment;
2. Name for the country;
3. National anthem; and
4. National seal.
NOTE: Congress may, by law, adopt new symbols in
numbers 2, 3 and 4 subject to ratification by the
people in a referendum.
FILING OF CERTIFICATE OF CANDIDACY
EFFECT OF FILING
A CoC evidences candidate’s statutory eligibility to be
elected for an elective post. It is the document which
formally accords upon a person the status of a
candidate. (Tagolino v. HRET and Lucy Torres-
Gomez, G.R. No. 202202, March 19. 2013)
NOTE: A CoC may be amended before the elections,
even after the date of its filing.
Provisions of the election law on certificates of
candidacy are mandatory in terms. However, after the
elections, they are regarded as directory so as to give
effect to the will of the electorate. (Saya-Ang Sr. v.
COMELEC, G.R. No. 155087, November 28, 2003)
Purpose
1. Enable the voters to know, at least 60 days before
the regular election, the candidates among whom
they have to choose; and
2. Avoid confusion and inconvenience in the
tabulation of the votes cast. (Miranda v. Abaya, G.R.
No. 136351, July 28, 1999)
Filing CoC on the tenure of incumbency
1.Appointive official – considered ipso facto
RESIGNED from his office upon the filing of his CoC.
and such resignation is irrevocable (OEC, Sec. 66)
(2002 Bar)
2. Elective .official – No effect. The candidate shall
continue to hold office, whether he is running for the
same or a different position. (Fair Elections Act, Sec.
14, expressly repealed BP 881, Sec. 67)
Effect of filing two certificates of candidacy
It disqualifies the person to run for both elective
positions (OEC, Sec. 73).
However, before the expiration of the period for the
filing of CoC, the person who has filed more than one
certificate of candidacy may declare under oath the
office for which he desires to be eligible and cancel
the CoC for the other office or office/s. A person who
has filed a certificate of candidacy may, prior to
election, withdraw the same. The filing of a withdrawal
certificate of candidacy shall not affect whatever civil,
criminal, or administrative liabilities as candidate may
have incurred. (COMELEC Resolution 8678, Sec. 1)
EFFECT OF FORMAL DEFECTS IN CoC
The election of a candidate cannot be annulled on the
sole ground of formal defects in his certificate of
candidacy. The will of the people cannot be frustrated
by a technicality consisting in that his certificate of
candidacy had not be properly sworn to. (De Guzman
vs. Board of Canvassers, G.R No. L-24721,
November 3, 1925)
EFFECT OF CoC DECLARED VOID AB INITIO
A certificate of candidacy cancelled under Section 78
of the Omnibus Election Code, whether before or after
the elections, means that the person was never a
candidate from the very beginning, his certificate of
candidacy being void ab initio. (Hayudini vs.
COMELEC, G.R. No. 207900, April 22, 2014)
When the candidate turned out ot be ineligible, their
victory is voided and the laurel is awarded to the
qualified next in rank. (Maquiling v. COMELEC
supra.)
Note: The proclaimed ineligible candidate who
already assumed office is a de facto officer. When a
de facto officer is ousted from office and the de jure
officer takes over, there is no vacancy to speak of as
the de jure officer has the legal right to assume the
position. (Jalosjos v. COMELEC, supra)
EFFECT OF VALID CoC AT FILING BUT
SUBSEQUENTLY CANCELLED
The second-placer cannot be proclaimed the winner.
WITHDRAWAL OF CoC
Any person who has filed a CoC may, at any time,
before Election Day and subject to Sec. 15 hereof, file
personally a Statement of Withdrawal under oath, in
five (5) legible copies, with the office where the Coc
was filed. No statement of Withdrawal shall be
accepted if filed by a person other than the candidate
himself or if filed by mail, electronic mail, telegram or
facsimile.
The filling of a withdrawal of a CoC shall not affect
whatever civil, criminal or administrative liabilities a
candidate may have incurred.
EFFECT
The withdrawal of the certificate of candidacy shall
effect the disqualification of the candidate to be
elected for the position.
A person who has withdrawn his CoC for a position
shall not be eligible, whether as a substitute candidate
or not, for any other position. (COMELEC Resolution
No. 9518, September 2012, Sec. 14)
The withdrawal of the withdrawal, for the purpose of
reviving the certificate of candidacy, must be made
within a period provided by law for the filing of
certificates of candidacy. (Monsale v. Nico, G.R, No.
L2539, May 28, 1949. The filing or withdrawal of a
certificate of candidacy shall not affect whatever civil,
criminal, or administrative liabilities which a candidate
may have incurred. (B.P. 881, Sec. 73)
SUBSTITUTION OF CANDIDATES
Substitution (1995 & 2009 Bar)
An official candidate of a duly registered political party
or coalition who dies, withdraws, or is disqualified for
any cause after the last day for the filing of CoCs may
be substituted by a candidate belonging to, and
nominated by, the same political party or coalition.
No substitute shall be allowed for any independent
candidate.
The substitute for a candidate who died or is
disqualified by final judgment, may file a CoC up to
mid-day of Election Day; Provided that, the substitute
and the substituted have the same surnames.
If the death or disqualification should occur between
the day before the election and mid-day of Election
Day, the substitute candidate may file a CoC with any
Board of Election Inspectors, Election Officers,
Provincial Election Supervisor, or Regional Election
Director, as the case may be, in the political
subdivision where such person is a candidate, or in
the case of a candidate for President, Vice-President
or Senator, with the Law Department; Provided that,
the substitute and the substituted candidate have the
same surnames. (COMELEC Resolution 9984,
August 18, 2015)
Requisites for valid substitution
1. The substitute must belong to the same party or
coalition; and
2. The deceased, disqualified or withdrawn candidate
must have duly filed a valid CoC.
NOTE: The second requisite is a condition sine qua
non. (Tagolino v. HRET and Lucy Torres-Gomez,
G.R. No. 202202, March 19. 2013)
Stray votes
In case of valid substitutions after the official ballots
have been printed, the votes cast for the substituted
candidates shall be considered as stray votes but
shall not invalidate the whole ballot. For this purpose,
the official ballots shall provide spaces where the
voters may write the name of the substitute
candidates if they are voting for the latter: Provided,
however, That if the substitute candidate of the same
family name, this provision shall not apply. [R.A. 9006
(Fair Elections Act), Sec. 12]
No substitution under Sec. 78 of OEC Section 77,
OEC requires that there be a candidate in order for
substitution to take place. Thus, if a person’s CoC had
been denied due course to and/or cancelled under
Section 78, OEC, he or she cannot be validly
substituted in the electoral process. Stated differently,
since there would be no candidate to speak of under
a denial of due course to and/or cancellation of a CoC
case, then there would be no candidate to be
substituted. (Tagolino v. HRET and Lucy Torres-
Gomez, G.R. No. 202202, March 19. 2013)
MINISTERIAL DUTY OF COMELEC TO RECEIVE
CERTIFICATES
GR: When a candidate files his certificate of
candidacy, the COMELEC has a ministerial duty to
receive and acknowledge its receipt. (OEC, Sec. 7;
Cerafica v. COMELEC, G.R. No. 205136, Dec. 2,
2014)
XPNs: COMELEC may go beyond the face of the
CoC in the following:
1. Nuisance candidates; (OEC, Sec. 69)
2. Petition to deny due course or to cancel a CoC;
(OEC, Sec. 78)
3. Filing of a disqualification case on any of the
grounds enumerated in Sec. 68, OEC.
NUISANCE CANDIDATES
Those whose certificates of candidacy are presented
and filed 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 a candidate has no bona fide
intention to run for the office for which the CoC has
been filed and thus prevent a faithful determination of
the true will of the electorate. (Bautista v. COMELEC,
G.R. No.133840, November 13, 1998; OEC, Sec. 69)
Any registered candidate for the same office may file
a petition to declare a duly registered candidate as a
nuisance candidate, personally or through duly
authorized representative with COMELEC, within 5
days from the last day of filing of CoC. [RA 6646 (The
Electoral Reforms Law of 1987), Sec. 5]
Grounds
The COMELEC may motu proprio or upon verified
petition refuse to give due course to or cancel a
certificate of candidacy if shown that it was filed to:
1. Put the election process in mockery or disrepute;
2. Cause confusion among the voters by the similarity
of the names of the registered candidates; or
3. Clearly demonstrate that the candidate has no
bona fide intention to run for the office for which the
CoC has been filed and thus prevent a faithful
determination of the true will of the electorate. (OEC,
Sec. 69)
Power of COMELEC
GN: The COMELEC may, motu proprio or upon
verified petition of an interested party, refuse to give
due course to or cancel a CoC upon showing of the
above-stated circumstances. (OEC, Sec. 69)
XPN: The COMELEC cannot motu proprio deny due
course to or cancel an alleged nuisance candidate’s
certificate of candidacy without providing the
candidate his opportunity to be heard. (Timbol v.
COMELEC, G.R. No. 206004, Feb. 24, 2015)
Effect of voting a nuisance candidate
The votes cast for a nuisance candidate are not stray
but counted in favor of the bona fide candidate. (Dela
Cruz v. COMELEC, G.R. No. 192221, Nov. 13, 2012)
PETITION TO DENY DUE COURSE OR CANCEL A
CERTIFICATE OF CANDIDACY
(2009 Bar)
A verified petition seeking to deny due course or to
cancel a CoC may be filed by the person exclusively
on the ground that any material representation
contained therein as required under Sec. 74 of the
OEC is false (B.P. 881, Sec. 78), provided that:
1. The false representation pertains to material matter
affecting substantive rights of a candidate; and
2. The false representation must consist of deliberate
attempt to mislead, misinform, or hide a fact which
would otherwise render a candidate ineligible.
(Salcedo II v. COMELEC, G.R. No. 135886, Aug. 16,
1999)
NOTE: These two requirements must concur to
warrant the cancellation of the CoC.
Good Faith as a Defense
It was a grave abuse of discretion for the COMELEC
to treat the 2012 CoC as binding and conclusive
admission against petitioner. It could be given in
evidence against her, yes, but it was by no means
conclusive. There is a precedent after all where a
candidate’s mistake was overcome by evidence. In
Romualdez-Marcos v. COMELEC, the candidate
mistakenly put seven (7) months as her period of
residence where the required period was a minimum
of one year. We said that “ it is the fact of residence,
not a statement in a certificate of candidacy which
ought to be decisive in determining whether or not an
individual has satisfied the constitutions residency
qualification requirement.”
(Poe- Llamanzares v. COMELEC, supra)
Period to file a petition to deny due course to or
cancel a CoC
The petition may be filed at any time not later than 25
days from the time of the filing of the CoC and shall
be decided, after due notice and hearing, not later
than 15 days before the election.
NOTE: Jurisdiction over a petition to cancel a
certificate of candidacy lies with the COMELEC in
division, not with the COMELEC en banc. (Gravida v.
Sales, G.R. No. 122872, September 10, 1997)
Material misrepresentation
Material misrepresentation in a CoC refers to the
qualification for elective office, which includes false
statement as to age, residency, citizenship, being a
registered voter and any other legal qualifications
necessary to run for an elective office.
NOTE: A misrepresentation which does not affect
one’s qualification to run or hold public office will not
suffice for the cancellation of a CoC.
EFFECT OF DISQUALIFICATION
1. Final judgment before election – The candidate has caused to become vacant due to his resignation;
shall not be voted for, and the votes cast for him shall and
not be counted. (1991 Bar) b) Any person who, directly or indirectly, coerces,
2. No final judgment until after election and bribes, threatens, harasses, intimidates or actually
receives the highest number of votes in the causes, inflicts or produces any violence, injury,
election – The Court or Commission shall continue punishment, torture, damage, loss or disadvantage to
with the trial and hearing of the action, inquiry or any person or persons aspiring to become a
protest and; candidate or that of the immediate member of his
upon motion of the complainant or any intervenor, family, his honor or property that is meant to eliminate
may, during the pendency thereof, order the all other potential candidate.
suspension of the proclamation of such candidate (R.A.No. 8295, Sec. 4.)
whenever the evidence of his guilt is strong.
Application of the rule on succession
LONE CANDIDATE LAW (R.A.No. 8295)
Proclamation of a Lone Candidate
MAQUILING CASE E.R. EJERCITO CASE
Upon the expiration of the deadline for the filling of the
certificates of candidacy in a special election called to The rule on succession The rule on succession
fill a vacancy in an elective position other that for under the Local provided for in Sec. 44 of
President and Vice President, when there is only one Government Code will not RA 7160 or the Local
(1) qualified candidate for such position, the lone apply because the issue Government Code
candidate shall be proclaimed elected to the position here is his citizenship which applies in this case
by proper proclaiming body of the Commission on is a continuing requirement. because what occurred
Being a continuing here after his
Elections without holding the special election upon
requirement, he must disqualification is a
certification by the Commission on Elections that he is possess it before and after permanent vacancy in
the only candidate for the office and is thereby elections until the end of his the position. What is
deemed elected. (R.A.No. 8295, Sec. 2.) term. His use of US involved in this case is
Passport after reacquiring the commission of an
Assumption of office. his citizenship negated his election offense
Affidavit of Renunciation. As (overspending) provided
In the absence of any lawful ground to deny due
a dual citizen, he is for in Sec. 68 of OEC
course or cancel the certificate of candidacy in order disqualified from the very which, in effect,
to prevent such proclamation, as provided for under beginning to run for office. disqualifies the
Sec.s 69 and 78 of Batas Pambansa Bilang 881 also With him being barred to candidate from holding
known as the Omnibus Election Code of the run for office, he is not office. Here, the
Philippines, the candidate referred to in the preceding considered as a candidate candidate possesses all
paragraph shall assume office not earlier than the at all. (Maquiling v. the qualifications and
COMELEC, G.R No. none of the
scheduled election day. Certificates of candidacy filed
195649, April 16, 2013) disqualifications to run
in violation hereof shall not be given due course. For for office. Therefore, he
this purpose, the Commission shall decide petitions is a valid candidate.
for disqualifications not later than election day; (Emilio Ramon "E.R." P.
otherwise, such petitions shall be deemed dismissed. Ejercito v. Comelec,
(R.A.No. 8295, Sec. 3.) G.R. No. 212398.
November 25, 2014)
Disqualification
In addition to the disqualifications mentioned in Sec.s
12 and 68 of the Omnibus Election Code and Sec. 40
of Republic Act No. 7160, otherwise known as the
Local Government Code, whenever the evidence of
guilt is strong, the following persons are disqualified to
run in a special election called to fill the vacancy in an
elective office, to wit:
a) Any elective official who has resigned from his
office by accepting an appointive office or for
whatever reason which he previously occupied but