Article 96p. 96

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

B. SPECIAL ACTIONS

Rule 23 — Petition to Deny Due Course to or Cancel

Certificates of Candidacy

Section 1. Ground for Denial or Cancellation of

Certificate of Candidacy. — A verified Petition to Deny

Due Course to or Cancel a Certificate of Candidacy for any

elective office may be filed by any registered voter or a

duly registered political party, organization, or coalition of

political parties on the exclusive ground that any material

representation contained therein as required by law is

false.

A Petition to Deny Due Course to or Cancel Certificate

of Candidacy invoking grounds other than those stated

above

or

grounds

for

disqualification, or combining

grounds

for

a separate remedy, shall be summarily

dismissed.

Section 2. Period to File Petition. — The Petition

must be filed within five (5) days from the last day for

filing of certificate of candidacy; but not later than twenty

five (25) days from the time of filing of the certificate of

candidacy subject of the Petition. In case of a substitute

candidate, the Petition must be filed within five (5) days

from

the

time

the

substitute

candidate

filed

his

certificate of candidacy.

Section 3. Where to file petition. — The Petition

herein mentioned shall be filed in the place where the

certificate of candidacy subject of the Petition was filed

or at the Office of the Clerk of the Commission.

In case the Petition is filed with the field officer, the

field officer concerned shall instantly transmit ten copies

(10) of the Petition together with the payment received

and duplicate copy of the official receipt issued to the

Office of the Clerk of the Commission, Commission on

Elections in Manila.

Petitions filed through mail and/or not in accordance

with the herein rules shall not be accepted or docketed.

However,

the

petitioner

may

re-file

the

Petition

in

accordance with the herein rules before the lapse of the

reglementary

period

provided

for

the

filing

of

the

Petition.

Section 4. Procedure to be observed. — Both parties

shall observe the following procedure:

1.

The petitioner shall, before filing of the Petition,

furnish a copy of the Petition, through personal service to

the respondent. In cases where personal service is not

feasible, or the respondent refuses to receive the Petition,

or the respondents' whereabouts cannot be ascertained,

the petitioner shall execute an affidavit stating the reason

or circumstances therefor and resort to registered mail as

a mode of service. The proof of service or the affidavit

shall be attached to the Petition to be filed;

2.

The Petition intended for the Commission shall

be in eleven (11) copies. Upon receipt of the Petition,

payment of the filing fee of P10,000.00 and legal research

fee of P100.00 and official receipt, the Office of the Clerk

of the Commission shall docket the Petition and assign to

it

a

docket

number,

which

must

be

consecutive

according to the order of receipt, and must bear the year

and prefixed as SPA (DC);

3.

The Petition shall contain the correct information

as

to

the

addresses,

telephone

numbers,

facsimile

numbers, and electronic mail of both parties and counsel,

if known.

4.

No

Petition

shall

be

docketed

unless

the

requirements in the preceding paragraphs have been

complied with;

5.

Upon the proper filing and docketing of the

Petition, the Clerk of the Commission shall, within three

(3)

days,

issue

summons

with notice of conference

through personal service, or in the event of impossibility

or

shortness

of

time,

resort

to

telegram,

facsimile,

electronic

mail,

or

through

the

fastest

means

of

communication

to

the

respondent

and

notice

of

conference to the petitioner;

6.

Within a non-extendible period of five (5) days

from

receipt

of

summons,

the

respondent

shall,

personally or through his authorized representative, file

his verified Answer to the Petition with the Office of the

Clerk of the Commission in ten (10) legible copies, with

proof of personal service of answer upon the petitioner. A

motion to dismiss shall not be admitted, but grounds

thereof may be raised as an affirmative defense. The

failure of the respondent to file his verified Answer within

the reglementary period shall bar the respondent from

submitting

controverting

evidence

or

filing

his

memorandum.

7.

The

Clerk

of

the

Commission

or,

in

his/her

absence, his/her duly authorized representative, shall

preside during the conference. It shall be the duty of the

parties or their duly-designated counsel, possessing a

written

authority

under

oath,

to appear during the

conference.

Should

the

petitioner

or

his

authorized

counsel fail to appear, the Petition shall be dismissed.

Should respondent or his authorized counsel fail to

appear, the Petition shall be deemed submitted for

resolution. If the petitioner or respondent is not present

during the conference, the failure of the counsel to

produce a written authority under oath shall have the

effect

of

non-appearance

unless

the

counsel

has

previously filed a pleading bearing the conformity of his

client. The following matters shall be taken up during the

conference:

8.

1.

Production of a written authority under oath of

counsel;

2.

Comparison between the original and/or certified

true copies and copies of documentary and real evidence;

and

3.

Setting of the period to file the parties' respective

memorandum, which shall not be later than ten (10) days

from the date of the conference.

9.

Unless the Division or the Commission En Banc

requires a clarificatory hearing, the case shall be deemed

submitted for resolution upon the receipt of both parties'

Memoranda or upon the expiration of the period to do so,

whichever comes sooner.

10. The Memorandum of each party shall contain, in

the above order herein indicated, the following:

11.

1.

"Statement of the Case" , which is a clear and

concise statement of the nature of the action, a summary

of

the

documentary

evidence,

and

other

matters

necessary to an understanding of the nature of the

controversy;

2.

"Statement of the Issues" , which is a clear and

concise statement of the issues;

3.

The "Argument" which is a clear and concise

presentation of the argument in support of each issue;

4.

The " Objections to Evidence ", which states the

party's objections to the real and documentary evidence

of the other party and stating the legal grounds for such

objection;

5.

The

"Relief "

which

is

a

specification

of

the

judgment which the party seeks to obtain. The issues

raised in his/its pleadings that are not included in the

Memorandum shall be deemed waived or abandoned.

The Commission may consider the memorandum alone

in deciding or resolving the Petition, said memorandum

being

a

summation

of

the

parties'

pleadings

and

documentary evidence; and

6.

Annexes — which may consist of the real and

documentary evidence, including affidavits of witnesses

in lieu of oral testimony, in support of the statements or

claims made in the Memorandum.

© Compiled by RGL

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