Republic of the Philippines

OM MISSION ON ELECTIONS
Manila

RULES

AUTHORITY
RECEIVE

IN
DELEGA~NG

TO HEAR
EVI~ENCE

OCTOBER 25, 2010 BARANGAY

AND SANGGUNIANG KABATAAN
TO
COMELEC FIELD OFFICIALS THE
AND
IN
DISQUALIFICATION CASES FILED
THE
MELO, Jose ,A.R.,
SARMIENTO, Rene V.,
FERRERs Nicodemo T.,
TAGLE, Lucenito N.,
Chairman

a
Commission
Commissioner
Commission
Commission
~ ~ ~ " , " H ~ y E ~ ~ ~ ~ d 0 C - 2
L A R R A W A L , Gregorio Y.
%
Commission
Commissio

ELECTIONS.
X -X

Promulgated: Oetob"" 5,

RESOLUTION

The Commission bn Elections, by virtue of t h e powers vested in it by the

Constitution, the ~ m n i b i i sElection Code and other election laws, RESOLVED to
!I I

promulgate, a s hereby RESOLVES to promulgate, the following rules:

i
SECTION 1. ~ d l & a t i o n . of authority to h e a r a n d receive evidence. -
The Commission on ~ l e k t b n (Commission)
s hereby designates its field officials who
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are members of t h e phikippine Bar to hear and receive evidence drily for the
following Petitions:

a) To deny due co&se or to cancel certificate of candidacy;

b) To declare a crindidate a s a nuisance candidate;.
c) To disqualify a candidate pursuant to Sec. 68 of the Omnibus Election
Code; and .
d) To disqualify .a candidate for lack of qualifications or possessing some
grounds for d i e g ~ a l i f ~ c a t i o n .
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 SEC. 2. Suspenlrion o f the Cornelec Rules of Procedure. - I n the interest
of justice and i n order t o a t t a i n speedy disposition of cases, t h e application of the
Comelec Rules of Procebure or any portion thereof inconsistent herewith is hereby
suspended.

S E C . 3. Where.to file petitions. - The petitions s h a l l ' b e filed with the

following offices of t h e C?ammission:

a) Office of the &ty/Municipal Election Officer where the candidate filed his
certificate of candidacy, in case the .Election Officer is a member of the
Philippine Baf;
b) Office of t h e Provincial Election Supervisor of t h e province concerned, or,
i n the case of th.e National Capital Region (NCR), with the Office of the
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Regional ~ l e c t i o nDirector of NCR, in case the City/Municipal Election
Officer where t h e candidate filed his certificate of candidacy is not a
lawyer;
c) Office of the h g i o n a l Election Direbtod conckrned, in case the Provincial
Election Supetvisor is not a lawyer.

No petition filed i n offices other t h a n those enumerated above shall be

accepted.

SEC. 4. Petitiohd filed through mail or not 'in accordance with rules;
Effect. - Petitions filed through mail andlor not in accordance with the herein rulks
shall not be accepted or docketed. However, petitioner may re-file the petition in
accordance with t h e hbkkin rules and before the lapse of the reglementary period
provided for each petitibn.

SEC. 5. ~ r c j c e d u r ein filing petitions. - For purposes of the preceding

section, the following pkokedure shall .be observed:
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 A. PETITION TO ~ E N Y
DUE COURSE OR TO CANCEL CERTIFICATE

1) A verified to deny due course or to cancel certificate of candidacy

may be filed by any person within five (5) days from t h e last day for the
filing of certificate of candidacy but not later t h a n fifteen (15) days from
the time of the filing of certificate of candidacy under Sec. 78 of the
Omnibus ~ l e ' c t i o nCode (OEC).

' 2) The petition shall be filed in ten (10) legible copies, personally or through
a duly authopized representative, with the offices mention in Sec. 3 hereof
by any persoh of voting age exclusively on the ground t h a t any material
representation contained therein a s required under Sec. 74 of the OEC, is
false.

B. PETITION TO DECLARE A NUISANCE CANDIDATE

1) A verified petition to declare a duly registered candidate a s a nuisance

candidate under Sec. 69 of OEC, a s amended by Sec. 5 of RA. 6646, must
be filed withib five (5) days from t h e last day for filing of certificates of
candidacy.

. 2) The petition shall be filed in ten (10) legible copies personally or thrbugh
a duly authorized representative with the offices mentioned in Sec. 3 by
any candidate for the same office on the following grounds:

a) The certificate of candidacy h a s been filed to put the election

proc'ess i n mockery or disrepute;
b) The certificate of candidacy causesi confusion among the voters
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by tHe similarity of the names of the registered candidates; or
c) By dther acts or circumstances which clearly demonstrate t h a t
the dandidate h a s no bona fide intention to r u n for the office for
I
which the certificate of candidacy h a s been filed and thus
, prevbht the faithful determination of the true will of the
eleatorate.,
C. PETITION TO DISQUALIFY A CANDIDATE PURSUANT TO SEC. 68
OF THE O ~ ~ N I B U S ELECTION CODE AND PETITION TO
DISQUALIFY FOR LACK OF QUALIFICATIONS OR POSSESSING
SOME GROUHT)S FOR DISQUALIFICATIONS

1) A verified fietition to disqualify a candidate pursuant to Sec. 68 of the

OEC a n d tBe verified petition to disqualify a candidate for lack of
qualification& oi. possessing some grounds for disqualification may be filed
on any day.&br the last day for filing df certificates of candidacy but not
later t h a n thB date of proclamation.

2) The petition t o disqualify a candidate pursuant to Sec. 6 8 of the OEC shall

be filed i n (10) legible copies with the concerned office mentioned in
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Sec. 3 hereof: personally or through a duly authorized representative by
any citizeh bf voting age, or organization or coalition against any
candidate ~ h b , ' . i n
a n 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 inoney or other material consideration to influence, induce or

corrdbt the voters or public officials performing electoral functions;

(b) Comdltted acts of terrorism to enhance his candidacy; or

(c) s p e n t in his election campaign a n amount i n excess of t h a t allowed
by t h e OEC; or
(d) solicited, received or made any 'contribution prohibited under
Sections 89, 95, 96, 97 and 104 of the OEC; or
(e) Violated any of Section 83, 86 and 261, paragraphs d, e, k, v, and cc
sub-paragraph 6 of the OEC. Said candidate shall be disqualified
from continuing a s a candidate, or if he h a s been elected, from
holdihg the ofice.

3) of he petitioi. -Lo disqualify a candidate for lack of clualification' or

possessing same grounds for disqualification, shall be filed in ten (10)
, legible copies with the concerned ofice mentioned in Sec. 3 hereof,
personally or through duly authorized representative by any person of
voting age, on the grounds t h a t the candidate does not possess all the
qualifications of a candidate a s provided for by t h e Constitution or by
existing law ok possesses some grounds for disqualification,
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(a) D i ~ q u ~ l ~ c a t i under
o n s existing election laws:
i)' kor not being a citizen of the Philippines;
ii) $o
'r being a permanent resident of or a n immigrant to a .
foreign country;
iiij For lack of the required age;
iv) For lack of residence;
v ) For not being a registered voter; or
vi) For not being able to read and write;

%(;ialifications under Sections 40 a n d 43 of the Local

Government Code (RA 7160):
i) hose sentence'd by final judgment for a n offense involving
k b r a l turpitude or for a n offense punishable by dne (1) year
or more of imprisonment, within two (2) years after service of
dbntence;
ii) Those removed from office a s a result of a n administrative
ease;
iii) Those convicted by final judgment for violating the oath of
allegiance to the Republic;
iv) ~ h o ' s with
e dual citizenship;
v) Filgitives from justice in criminal or non-political cases here
or abroad;
vi) Permanent residents in a foreign country or those who hdve
acquired the right to reside abroad and continue to avail of
the same right after the effectivity of the Local Government
Code;
vii) The insane or feeble-minded; or
viii) Those elected
' and served ::for more t h a n three (3)
cbnsecutive terms in the same position.
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 1) Petitioner shall, before filing of the petition, furnish a copy of the petition,
through personal service, to the respondent. In case personal service is
not feasible, or the respondent refuses to receive the petition or the
respondent's whereabouts cannot be ascertained, the petitioner shall
execute a n affidavit stating the reason or circumstances therefor.

2) Proof of service or the afidavit shall be attached to t h e petition to be filed

with t h e appropriate office.

3) Upon payment of the filing fee of P3,000.00 and legal research fee of
P1OO.OO, t h e office concerned shall docket the petition and assign to it a
docket number, which must be consecutiire according to the order of
receipt, a n d must bear the year and prefixed a s SPA with the
correspondihk initial name of the office, i.e., SPA (RED BRGY) No. A10-
001; SPA ( k k SKI
~ NO. A ~ O - 0 0 1SPA
; ( P ~ SBRGY) ~ 0 . ~ 1 0 - 0 0 SPA
1;
(PES SIC) No. A10-001; (EO BRGY) No. A10-001; SPA (EO SK) No. A10-
001.

No p t i t i o h shall be docketed unless the requirements i n the preceding

paragraphs have been complied with.
. .

4. Upon propek,filing a n d docketing of the petition, the office concerned shall,

within one (1) calendar day issue summons with notice of hearing through
personal service o r telegram to the respondent a n d notice of hearing to the
' petitioner.

The hearing shall be set on the third (3rd) day after service of
summons.

The REDIPESIEO concerned shall utilized the services of the P N P or

other law enforcement agencies to cause the personal service of summons.
 within twenty-tour (24) hours from the filing and docketing of the petition,
in cases where personal service of the petition to the respondent is not
feasible.

5. Within two (2) days from receipt of 'summons, the respondent shall,
personally oi. through his authorized ,representative,. file his verified
answer (not d. d o t i o n to dismiss) to the petition in t e n (10) legible copies,
with proof of fieksonal service of answer upon the petitioner. Grounds for
Motion to Dismiss may be raised a s a n affirmative defense;

6. The proceeding shall be summary in nature. In lieu of oral testimonies,

the parties shall submit the affidavits of their witnesses and other
documentary evidence together with their position papers or memoranda.

The Position Paper or Memorandum of each party shall contain the

following:

a) A '"Statement of the Case", which is a clear and concise

s t a t e b e n t of the nature of the action, a summary of the
docunientary evidence, and 'other matters necessary to a n
undekstanding of the nature of the controversy;

b ) A ""Statement o f the Issues", which is a clear and

concise statement of the issues;

c) The ""Argument".which is a clear and concise

presentation of the argument in support of each issue;
and

d) The ""Relief'which is a specification of the judgment

which the party seeks to obtain. The issues raised in his
pleadings that are not included in the
Memorandum/Position Paper shall be deemed waived o r .
abandoned. The Commission may consider the
Memorandum/Position Paper alone in deciding or
resolving the petition, said Memorandum/Position Paper
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 being a summation of the parties' pleadings and
\
documentary evidence.

7) The hearing m u s t be completed within five (5) days from the date of the
filing of t h e dnswer. The hearing officer concerned shall, personally or
through his authorized representative, submit to the Office of the Clerk of
the Commission within three (3) days from the completion of the hearing
and' reception of evidence, his recommendation and the complete records.
of the case;

8) Upon receipt of 'the case, the Clerk of the Commission shall immediately
docket t h e case consecutively, and calendar the same for raffle to a
Division;

9) The Division to which the case is raffled shall, after consultation,

immediately assign t h e same throdgh raffle, to a member who shall
review the recommendation andlor pen the decision within three (3) days
from the date 'of consultation.

S E C . 6. Promulgcition. - The promulgation of a decision or resolution of the

Commission e n banc or h Division shall be made by filing or delivering a complete
copy of the decision, resolution, order or ruling to the Clerk of the Commission
concerned.

S E C . 7 . Motion for Reconsideration. -A motion to reconsider a decision,

resolution, order or ruling of a Division shall be filed within three (3) days from the
promulgation thereof. Stich motion, if not pro-forma suspends the execution of the
decision, resolution, order a n d ruling.

Within twenty-four (24) hours from t h e filing thereof the Clerk of the
Commission shall noti& the Presiding Commissioner of the Division. The latter
shall within two (2) days thereafter certify the case to the Commission e n banc.

The Clerk of t h e Commission shall calendar the motion for reconsideration

for the resolution of t h e Commission e n banc within three (3) days from the
certification thereof.
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 SEC. 8. Effectivity. - This Resolution shall take effect immediately after its
publication in two (2) daily newspapers of general circulation in the Philippines.

The Education a h d Information Department, this Commission, shall cause

the publication of this hesolution in two (2) daily newspapers of general circulation
in the Philippines, fdrnish copies of said Resolution to t h e Regional Election
Directors, Provincial hiection Supervisors, Election Officers, of this Commission
and give it the widest dibsemination possible.

,3&zai$ Commissioner

I ARMAND0 \2. VELASCO

Commissioner

Oh Iiehve
ELIAS R. 'YUSOPH ZABAL
Commissioner