ELIGIBILITY OF CANDIDATES

SENATE

Natural born At least 35 during election day Able to read and write Registered voter Resident of the Phil for at least 2 yrs immediately preceding such election

PRESIDENT/V-PRESIDENT

Natural born Registered voter Able to read and write At least 40 during the day of election Resident of the Phil for at least 10 years immediately preceding such election

HREPRENTATIVES

Natural born At 25 during election day Able to read and write Registered voter in the district he shall be elected except party list Resident of at least 1 year immediately preceding such election

LOCAL OFFICIALS

Citizen of the Phil Registered voter in his place where he seeks for election Resident for at least 1 year immediately before such election Able to read and write Filipino or any other local language Province/highly urbanized city- at last 23 on election day Municipalities/component cities mayor/vmayor- at least 21 on election day; SP/SB at least 18 Barangay officials at least 18; SK at least 15 but <18

EXERCISES

During his 3rd term, congressman A was suspended from office for a period of 60 days by his colleagues. In the next succeeding election, he filed for a COC for the same office. B, a rival candidate, filed a disqualification case against A on the ground of the constitutional prohibition. A replied he was not barred from running again as his suspension was not voluntary.

X was born in the Philippines of Filipino parents. In the late 1980s he went to the US and was naturalized as an American citizen. When Pnoy assumed office as the president, he returned home and reacquired Philippine citizenship by repatriation. Suppose in 2013 election, X is elected member of HR and a disqualification case is filed against him for being not a natural-born, how would the case be decided?

In 2005, the municipal mayor of Acacia died and so vmayor X, succeeded as Mayor. In 2007 and 2010, X ran for mayor of the same municipality and won. In 2013, he again files a COC for the same office but his rival candidate filed a disqualification case against him for violating the three-term limit. How will the case be decided?

X, Municipal Administrator, filed a certificate of candidacy for the position of Municipal Mayor in May 2013 elections. Is he ipso facto considered resigned? When? What if X was the Vice Mayor,?????

X, a natural-born Filipino citizen, migrated to the US in 1990s who thereafter, became a green card holder. Every year, during the town fiesta, X visited his hometown in Danao. In 2013, X filed a COC for Mayoralty position. ???????

A disqualification case was filed against X for having committed an election offense. For failure of the COMELEC to resolve the case before election, X was not delisted in the list of candidates and won the Mayors seat in the election. If after he assumed office, he was adjudged disqualified, ????????

The May 2013 Local Elections in the Province of Acacia was postponed by the COMELEC due to violence and terrorism. In fact, several candidates withdraw their COCs. Once a special election is set, may new candidates filing COCs be accepted?

Material Representation, as ground to cancel COC

Refers to qualifications for elective office ( age, residence, citizenship, disqualifications, etc)

Election campaign or partisan political activity only allowed within the campaign period Elements: Person engages in an election campaign or partisan political activity Act is designed to promote the election or defeat of a candidate/s Act done outside the campaign period

Sec. 4, Art. IX-C of the Constitution

Comelec may, during the election, supervise or regulate the enjoyment or utilization of all media of communication or information to ensure equal opportunity with the objective of holding free, orderly, honest, peaceful and credible elections ----resolutions to this effect constitutionally defensible like allocation or ad time in radio and tv. May Comelec compel print media to donate comelec space?

May the comelec prohibit the posting of decals and stickers on mobile places, public or private such as on private vehicle, and limit their location only to the authorized posting areas that the Comelec itself fixes?

The prohibition is unconstitutional. It curtails the freedom of expression of individuals to express the preference for a candidate..(Adiong vs Comelec, 207 SCRA 712)

ELECTION SURVEYS Section 5.4 of RA 9006 surveys affecting national candidates shall not be published 15 days before election; for local candidates, 7 days before election UNCONSITUTIONAL amounts to abridgment of freedom of speech, expression and press (SWS vs Comelec)

CASES

GR 147571 SWS vs Comelec (2001) GR 147927 Adormeo vs Comelec (2002) GR 154512 Socrates vs Comelec (2002) GR 154829 Latasa vs Comelec (2003)