Article 12p. 12

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Vice-President, shall be considered ipso facto resigned

from his office upon the filing of his certificate of

candidacy. (as repealed by RA No 9006)

Section 68. 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 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

69.

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 70. Guest candidacy. — A political party may

nominate and/or support candidates not belonging to it.

Section 72. Effects of disqualification cases and

priority. — The Commission and the courts shall give

priority

to cases of disqualification by reason of

violation of this Act to the end that a final decision shall

be rendered not later than seven days before the election

in which the disqualification is sought.

Any

candidate

who

has

been declared by final

judgment to be disqualified shall not be voted for, and

the votes cast for him shall not be counted. Nevertheless,

if for any reason, a candidate is not declared by final

judgment before an election to be disqualified and he is

voted for and receives the winning number of votes in

such

election,

his violation of the provisions of the

preceding sections shall not prevent his proclamation

and assumption to office.

Section 73. Certificate of candidacy. — No person

shall be eligible for any elective public office unless he

files a sworn certificate of candidacy within the period

fixed herein.

A person who has filed a certificate of candidacy may,

prior to the election, withdraw the same by submitting to

the office concerned a written declaration under oath.

No person shall be eligible for more than one office to

be filled in the same election, and if he files his certificate

of candidacy for more than one office, he shall not be

eligible for any of them.

However, before the expiration of the period for the

filing of certificates of candidacy, the person who was

filed more than one certificate of candidacy may declare

under oath the office for which he desires to be eligible

and cancel the certificate of candidacy for the other

office or offices.

The filing or withdrawal of a certificate of candidacy

shall not affect whatever civil, criminal or administrative

liabilities which a candidate may have incurred.

Section 74. 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.

Unless a candidate has officially changed his name

through a court approved proceeding, a certificate shall

use in a certificate of candidacy the name by which he

has been baptized, or if has not been baptized in any

church or religion, the name registered in the office of the

local civil registrar or any other name allowed under the

provisions of existing law or, in the case of a Muslim, his

Hadji name after performing the prescribed religious

pilgrimage: Provided, That when there are two or more

candidates

for

an

office

with the same name and

surname, each candidate, upon being made aware or

such fact, shall state his paternal and maternal surname,

except the incumbent who may continue to use the

name and surname stated in his certificate of candidacy

when he was elected. He may also include one nickname

or stage name by which he is generally or popularly

known in the locality.

The person filing a certificate of candidacy shall also

affix his latest photograph, passport size; a statement in

duplicate

containing

his

bio-data

and

program

of

government not exceeding one hundred words, if he so

desires.

Section 75. Filing and distribution of certificate of

candidacy. — The certificate of candidacy shall be filed

on any day from the commencement of the election

period but not later than the day before the beginning of

the

campaign

period:

Provided,

That

in

cases

of

postponement or failure of election under Sections 5 and

6 hereof, no additional certificate of candidacy shall be

accepted except in cases of substitution of candidates as

provided under Section 77 hereof.

The

certificates

of

candidacy

for

President

and

Vice-President of the Philippines shall be filed in ten

legible copies with the Commission which shall order the

printing of copies thereof for distribution to all polling

places. The certificates of candidacy for the other offices

shall be filed in duplicate with the offices herein below

mentioned, together with a number of clearly legible

copies equal to twice the number of polling places in the

province, city, district, municipality or barangay, as the

case may be:

(a) For representative in the Batasang Pambansa,

with the Commission, the provincial election supervisor,

city election registrar in case of highly urbanized cities, or

an

officer

designated

by

the

Commission

having

jurisdiction

over

the

province,

city

or representative

district who shall send copies thereof to all polling places

in the province, city or district;

(b) For provincial offices, with the provincial election

supervisor of the province concerned who shall send

copies thereof to all polling places in the province;

(c) For city and municipal offices, with the city or

municipal election registrar who shall send copies thereof

to all polling places in the city or municipality; and

(d)

For

punong

barangay

or

kagawad

ng

sangguniang barangay, the certificates of candidacy shall

be filed in accordance with the provisions of Section 39 of

Article VI of this Code.

© Compiled by RGL

12 of 39