Resolution No.9366 RULES AND REGULATIONS GOVERNING THE: 1) FILING OF PETITIONS FOR REGISTRATION; 2) FILING OF MANIFESTATION OF INTENT TO PARTICIPATE; 3) SUBMISSION OF NAMES OF NOMINEES; AND 4) FILING OF DISQUALIFICATION CASES AGAINST NOMINEES OF PARTY- LIST GROUPS OR ORGANIZATIONS PARTICIPATING UNDER THE PARTY- LIST SYSTEM OF REPRESENTATION IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS THEREAFTER Promulgation: 21 February 2012 The Commission on Elections (Commission), by virtue of the powers vested in it by the Constitution, the Omnibus Election Code,Republic Act No. 7941 otherwise known as The Party-List System Act, and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to prescribe the following RULES AND REGULATIONS GOVERNING THE: 1) FILING OF PETITIONS FOR REGISTRATION; 2) FILING OF MANIFESTATION OF INTENT TO PARTICIPATE; 3) SUBMISSION OF NAMES OF NOMINEES; AND 4) FILING OF DISQUALIFICATION CASES AGAINST NOMINEES OF PARTY-LIST GROUPS OR ORGANIZATIONS PARTICIPATING UNDER THE PARTY-LIST SYSTEM OF REPRESENTATION IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS THEREAFTER. RULE 1 FILING OF PETITIONS FOR REGISTRATION SEC. 1. Registration requirement Only organized groups duly registered with the Commission, and which have manifested their desire to participate in the party-list election, may participate in the PartyList System of Representation in the House of Representatives. SEC. 2. Who may file petition for registration. Organized groups not yet registered with the Commission on Elections may file a petition for registration under the party-list system. An organized group already registered need not to register anew. However, it shall file with the Commission a manifestation of intent to participate in the party-list election pursuant to Rule 3 hereof. Party-list groups delisted may file anew a verified petition for registration, Provided however: That partylist groups delisted shall be ineligible to file a petition for registration in the election immediately following its delisting. SEC. 3. Who may participate. The following organized groups may participate in the party-list election: a. Sectoral party an organized group of citizens whose principal advocacy pertains to the special interests and concerns of the following sectors: Labor; Peasant; Urban Poor; Indigenous Cultural Communities; Elderly; Handicapped; Women; Youth; Overseas Workers; Fisherfolk; Veterans; and Professionals; b. Sectoral organization a group of qualified voters bound together by similar physical attributes or characteristics, or by employment, interests or concerns; c. Political Party an organized group of qualified voters pursuing the same ideology, political ideas and principles for the general conduct of the government; It is a national party when its constituency is spread over the geographical territory of at least a majority of the regions. It is a regional party when its constituency is spread over the geographical territory of at least majority of the cities and provinces comprising the region. d. Coalition an aggrupation of duly-registered national, regional. Sectoral parties or organizations for political and/or election purposes. addresses and representatives of sectoral parties or organizations affiliated with the petitioner. that he has caused the preparation and filing of the petition. regional. in his absence. Petitions filed by mail. Constitution and by-laws as an organization seeking registration under the party-list system of representation. provincial. g) petitioners intention or desire to participate in the party-list election. organization. in his absence. The following documents shall support petitions for registration: a. . d. e. In case two separate petitions are filed for the same organized group. with the acronym not exceeding twenty (20) characters. and addresses of its elected officers. both petitions shall be dismissed. SEC. The verified petition for registration by any of the abovementioned organized groups. p) that it does not receive support for partisan political purposes from any foreign government. Documents to support petition for registration. f) names. SEC. shall be filed with the Office of the Clerk of the Commission. who will represent the party in the petition. d) the name and address of its President/Chairman or. Manifestation of intent to participate in the next immediately succeeding national and local elections. k) names. signed by their President/Chairman or. c. political party or coalition. sectoral organization. i) that all of its officers and members are made aware of the petition and have given their consent thereto. The petition for registration shall be verified and shall state the following: a) name and acronym of the petitioner. rules and regulations relating to elections. 5. their Secretary-General. l) that it is not a religious sect or denomination. which affiliates need not be registered with the Commission. if registered therewith. Petition for Registration. telegram or facsimile shall not be accepted. h) names and addresses of its chapter offices. organization or association organized for religious purposes. one signed by the President/Chairman and the other by the Secretary-General. q) the period of existence of petitioner. the Secretary-General. 4 Where to file petition for registration. o) that it is not a foreign party or organization. e) petitioners principal headquarters and postal office address. Articles of Incorporation. m) that it shall not advocate violence or unlawful means to achieve its goals. n) that it is not an adjunct or a project organized or an entity funded or assisted by the government. by-laws and Certificate of Registration issued by the Securities and Exchange Commission (SEC).SEC. whether directly or indirectly. foreign political party. the Secretary-General representing the party shall affix his signature on the verification portion of the petition stating under oath that he is one of the officers of the petitioner duly authorized to verify the petition. or through it officers or members. foundation. and list of at least five (5) nominees. 6. which shall be at least one (1) year at the time the petition is filed. and r) that it commits to comply with the laws. b) nature of the organization: whether it is a sectoral party. positions. Contents. c) the sector or sectors which it seeks to represent. in his absence. List of all its officers and members (national. SEC. 7. city/municipal) particularly showing that the majority of its membership and officers belong to the marginalized and underrepresented sector/s it seeks to represent. Petitions for registration shall be filed not later than the last working day of March of the year immediately preceding the next regular national and local elections during regular working hours. When to file petition for registration. Manila. or indirectly through third parties. j) the list of documents attached to the petition. and that he read and understood the contents of the petition and acknowledge the same to be true and correct based on his personal knowledge. in twelve (12) legible copies. but have given their consent thereto. Platform or program of government. Commission on Elections. b. The President/Chairman or. g. and a legal research fee of One Hundred Pesos (P 100. or a project or an entity funded or assisted by. Petitions shall be docketed and a docket number shall be assigned thereto. and the signature of the personnel who actually received the same. b. after due notice and hearing. It is a foreign party or organization. the government. Upon receipt of the requirements provided for in Section 6 and 7 hereof. As soon as the petition is docketed. 9. Other information required by the Commission. Upon receipt of the petition from the Office of the Clerk of the Commission. 8. by any interested party on any of the grounds mentioned in Section 2 hereof. Upon docketing the petition for registration. c. It advocates violence or unlawful means to achieve its goal. and i. Commission on Elections in Manila. Procedure for Registration. The petition. including the signed coalition agreement. if any. on any of the following grounds: a. the Office of the Clerk of the Commission shall determine if the petition is in due form. A filing fee of Ten Thousand Pesos (P 10. b.00) shall be charged for each petition. SEC. Sworn proof/s of existence in the areas where the organization is claiming representation. It is a religious sec or denomination. Manifestation of intent to participate c. the Commission shall require the petitioner to publish at his expense in two (2) national newspapers of general circulation duly accredited by the Commission on Elections the following. RULE 2 OPPOSITION TO A PETITION FOR REGISTRATION SEC. Track record summary showing that it represents and seeks to uplift the marginalized and underrepresented sector/s it seeks to represent. a. inclusive of resolutions of motions for reconsideration elevated to the Commission en banc. Within seven (7) days from receipt of the petitions for registration for registration. 1. organization or association organized for religious purposes. That it is adjunct of. A verified opposition to a petition for registration may be filed with the Office of the Clerk of the Commission. Receiving and recording of petitions for registration. . the Office of the Clerk of the Commission shall furnish the Law Department with a copy of the petition. SEC. shall resolve the petition within fifteen (15) days from the date it was submitted for resolution but not later than the last working day of September of the year immediately preceding the next regular national and local elections. Where to file.000. SEC. The Commission. and if all information required is complete. Grounds for opposition to a petition for registration.00). Coalition agreement. The Commission may deny due course to the petition motu proprio or upon verified opposition of any interested party. h. Opposition to a petition for registration. d. it shall submit the petitions received together with its findings and recommendations to the Commission.f. and d. Order of the Commission requiring the publication with the date of the hearing of the petition. the Office of the Clerk of the Commission shall receive and acknowledge receipt of the petition for registration by stamping every copy of each petition with the date and time of its receipt. and the detailed list of affiliates comprising the coalition. 2. List of nominees and certificate of nomination. after due notice and hearing. the registration of any party-list group organization or coalition on any of the grounds mentioned in Section 2 of this Rule. SEC. telegram or facsimile shall not be accepted. Manila. Grounds. It is receiving support from any foreign government. f. RULE 3 MANIFESTATION OF INTENT TO PARTICIPATE SEC. after due notice and hearing. Manifestation of intent to participate in the party-list election shall be filed not later than the last working day of April of the year immediately preceding the next regular national and local elections during regular working hours. It has ceased to exist for a period of at least one (1) year. Removal and/or cancellation of registration. 2. and a legal research fees on One Hundred Pesos (P 100. Who shall file manifestation of intent to participate. shall file with the Commission a manifestation of intent to participate in the party-list election. i. Filing Fees A filing fee of Ten Thousand Pesos (P 10. The manifestation of intent to participate by any of the above-mentioned organized groups or parties shall be filed with the office of the Clerk of the Commission. If it has made untruthful statements in its Petition. Verified complaint may be filed at anytime during office hours with the Office of the Clerk of the Commission. or from being proclaimed if the evidence is strong.00) shall be charged for each petition. g. It violates or fails to comply with laws. in his absence. foreign political party. 4. or The petition has been filed to put the election process in mockery or disrepute. The Commission may motu proprio or upon a verified complaint of any interested party.00). organization. Manifestations filed by mail. h. remove or cancel. It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered. whether directly or indirectly or through its officers or members or indirectly through third parties for partisan election purposes. . When to file. Any party-list group previously registered under the party-list system of representation. SEC. the Secretary-General of the party or group.e.000. A sample of the manifestation to participate is attached as Annex A. The manifestation shall be signed by the President/Chairman or. SEC. Any party whose registration has been removed or cancelled shall not be allowed to participate in the party-list system. Where to file. 5. or to cause confusion among the voters by the similarity of names or registered parties. rules or regulations relating to elections. or by other circumstances or acts which clearly demonstrate that the petitioner has no bona fide intention to represent the sector for which the petition has been filed and thus prevent a faithful determination of the true will of the electorate. 1. SEC. in twelve (12) legible copies. j. When to file manifestation of intent to participate. 3. Commission on Elections. 3. Where to file manifestation of intent to participate. foundation. SEC. which intends to participate in the next regular national and local elections. The copies of the manifestation of intent to participate shall be distributed by the Clerk of the Commission.For purposes of the May 13. 5. the last day for filing of petition to deny due course to a manifestation of intent to participate shall be filed by any interested party not later than last working day of May of the year immediately preceding the elections. SEC. and e) its desire to participate in the party-list election. SEC. Second copy. c) that at no time has it ceased to exist for a period of one (1) year from the time of its registration. 4. to the Commission en banc through the Chairman. 2012. c. and e. whether a sectoral party. Distribution of copies. the petition shall be filed not later than May 31. as follows: a. Contents of manifestation of intent to participate. 2. Qualifications of nominees. Fifth copy. 1. The manifestation of intent to participate shall be under oath and state the following: a) name. to the Comelec Secretary. . b) the date of its registration with the Commission. the last day for the filing of manifestation of intent to participate shall be on May 31. RULE 4 PARTY. A party-list nominee must be: 1. SEC. SEC. A registered voter. to the Law Department. A verified petition seeking to deny due course to a manifestation of intent to participate may be filed with the Office of the Clerk of the Commission. Receiving and recording of manifestation of intent to participate. A copy of each manifestation shall be forwarded to the Law Department for the preparation of the certified list of parties participating in the party-list election. Petition to deny due course to a manifestation of intent to participate. Fourth copy. d. d) that it did not fail to participate in the last two (2) preceding elections or did not fail to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered. and f. to be retained by the Clerk of the Commission. 2013 national and local elections. by any interested party within five (5) days from the date of publication of the manifestation of intent to participate on any of the grounds mentioned in Section 2 of Rule 2 for previously registered party-list groups. 6.LIST NOMINEES SEC. First copy. to the Election Records and Statistics Department. The manifestation of intent to participate shall be accompanied by a list of at least five (5) nominees in the form prescribed by the Commission as Annex B. 2012. 9359. Third copy. and the signature of the personnel who actually received the same. b. No manifestation of intent to participate shall be accepted beyond the period stated in Section 3 herein. Commission on Elections in Manila. acronym and nature of the filer. promulgated February 8. For groups seeking registration. 7. 2013 national and local elections. the Clerk of the Commission shall receive and acknowledge receipt of the manifestation of intent to participate by stamping every copy of each manifestation with the date and time of its receipt. For purposes of the May 13. political party or coalition. 2012 in accordance with Comelec Resolution No. A natural-born citizen of the Philippines. Upon receipt of the requirements provided for in Section 4 hereof. sectoral organization. A copy for the Chairman and each Commissioner. 3. In case of a part-list group/organization seeking representation of the marginalized and underrepresented sector/s. and the one-year prohibition from being hired or rehired in a public office after their party-list organizations fail to secure the needed votes to qualify them for a seat in the House of Representatives. the sectoral party. Able to read and write. Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned. the sectoral party. R. 7. that if he changes his political or sectoral affiliation within six (6) months before an election. he shall not be eligible for nomination as party-list representative under his new party or organization. b. Effects of acceptance of nomination. SEC. proof that the nominee/s is not only an advocate of the party-list/organization but is/are also a bona fide member/s of said marginalized and underrepresented sector.A. 6. A resident of the Philippines for a period of not less than one (1) year immediately preceding election day. 5. 4. Withdrawal of nomination or acceptance of nomination. which may include but not limited to the following: a. Nominees holding appointive or elective offices may continue to hold office even after acceptance of their nomination. and d. Withdrawal of nominations or acceptance of nominations shall be in writing and under oath. Provided. political party or coalition they seek to represent. political party or coalition seeks to represent. organization. The party-list group and the nominees must submit documentary evidence in consonance with the Constitution. A bona fide member of the party he seeks to represent for at least ninety days preceding election day. organization. Able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole. At least twenty-five (25) year of age. Track record of the party-list group/organization showing active participation of the nominee/s in the undertakings of the party-list group/organization for the advancement of the marginalized and underrepresented sector/s. he must be at least twenty-five (25) but not more than thirty (30) years of age on the day of the election. Effect. speeches. In case of the youth sector. Any selected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat. organization. and filed with the Law Department of the . 4. and 8. and such other positive actions on the part of the nominee/s showing his/her adherence to the advocacies of the party-list group/organizations). political party or coalition they seek to represent. SEC. Change of affiliation. shall not apply to them. 7941and other laws to duly prove that the nominees truly belong to the marginalized and underrepresented sector/s. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term. 2. Proofs that the nominee/s truly adheres to the advocacies of the party-list group/organizations (prior declarations. Certification that the nominee/s is/are a bona fide member of the party-list group/ organization for at least ninety (90) days prior to the election. written articles. c. SEC.3. A Filipino citizen who belongs to the marginalized and underrepresented sector which his sectoral party. The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election. 1. Where to file petitions. 3. Violated any of Sections 83. RULE 5 PETITION TO DENY DUE COURSE OR TO CANCEL CERTIFICATE OF NOMINATION OF PARTY. b. or d. or found by the Commission of having: a. . SEC. Ground. c. becomes incapacitated in which case the name of the substitute nominee shall be placed last in the list. A nominee who withdraws his acceptance to the nomination shall not be eligible for nomination by other parties. 96. SEC. SEC. Petition for disqualification filed with office other than with the Office of the Clerk of the Commission shall not be accepted. 5. Vacancy. . the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party. Term sharing of nominees. 97 and 104 of e. 7. v. organization coalition concerned shall submit additional nominees. No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except in cases where the nominee dies. Grounds. SEC. 2. 95. If the list is exhausted. Petition for disqualification. or withdraws in writing his nomination. Given money or other material consideration to influence. Manila. induce or corrupt the voters or public officials performing electoral functions. Filing of vacancy as a result of term sharing agreement among nominees of winning party-list groups/organizations shall not be allowed. sub-paragraph 6 of the Omnibus Election Code. the Omnibus Election Code. who shall serve for the unexpired term. and cc. k. The petitions herein mentioned shall be filed with the Office of the Clerk of the Commission. Petition to deny due course and/or cancellation. 8. received or made any contribution prohibited under Section 89. Publication. e. The Education and Information Department shall cause the immediate publication of the list of nominees in two (2) national newspaper of general circulation.A verified petition seeking the disqualification of nominees of party-list groups may be filed by any person when the nominee has been declared by final decision of a competent court guilty of. Committed acts of terrorism to enhance his candidacy. In case of vacancy in the seats reserved for party-list representatives. SEC. SEC. 86 and 261. the party. Commission on Elections in Intramuros. 6. or coalition. Only persons who have given their consent in writing may be named in the list.Commission in Manila before the close of polls. Nomination of Party-List representatives. organization. paragraphs d. A person may be nominated in one (1) list only. Spent in the campaign an amount in excess of that allowed by law. A verified petition seeking to deny due course the nomination of nominees of party-list groups may be filed by any person exclusively on the ground that a material misrepresentation has been committed in the qualification of the nominees.LIST NOMINEES SEC. Solicited. 3.00 and Php 100. which is a clear and concise statement of the issues. and must bear the year and prefixed as SPA (DCN). the following procedure shall be observed: 1. or party-list groups or organizations. Additional filing and legal research fees shall be charged if there are more than one (1) respondent at Php 10.SEC. The position paper or memorandum of each party shall contain the following: a. 4. For purposes of the preceding sections. which must be consecutive according to the order of receipt. The Argument. The proceeding shall be summary in nature. In case personal service is not feasible. the parties shall submit the affidavits of their witnesses and other documentary evidence together with their position papers or memoranda. 7. and other matters necessary to an understanding of the controversy. to the respondent and notice of hearing to the petitioner. Petitions for denial / cancellation / disqualification of party-list nominees shall be filed as follows: a. and . 5. within three (3) calendar days.00 for each respondent-nominee. When to file petitions. Grounds for Motion to Dismiss may be raised as an Affirmative Defense. personally or through a duly authorized representative. to the respondent. b. the petitioner shall execute an affidavit stating the reasons or circumstances therefore. or the respondent refuses to receive the petition or the respondents whereabouts cannot be ascertained. Upon proper filing and docketing of the petition. by any person or voting age. file his verified answer (not a Motion to Dismiss) to the petition. 2. In lieu of oral testimonies. at the Office of the Clerk of the Commission. Procedure in filing petitions. which is a clear and concise presentation of the argument in support of each issue. in twelve (12) legible copies. personally or through his authorized representative. Petition for disqualification of party-list nominees shall be filed at any day not later than the date of proclamation.000. with proof of personal service of Answer upon the petitioner. SEC. 5. or duly registered political party. the Office of the Clerk of the Commission shall docket the petition and assign to it a docket number.00 and the legal research fee of Php 100. which is a clear and concise statement of the nature of the action. the Office of the Clerk of the Commission shall.000. c. issue summons with notice of hearing through personal or telegram. A verified petition to disqualify a party-list nominee shall be filed in ten (10) legible copies. furnish a copy of the petition through personal service. Petitioner shall. and b. 4. A Statement of the Case. The proof of service or the affidavit shall be attached to the petition to be filed with the Office of the Clerk of the Commission. Upon payment of the filing fee of Php 10. A Statement of the Issues.00. Petition to deny due course or cancellation of nomination of party-list nominees shall be filed within five (5) days after the publication of the list of nominees. the respondent shall. organization or coalition of political parties. a summary of the documentary evidence. Within three (3) calendar days from receipt of summons. facsimile or through the fastest means of communication. before the filing of the petition. 6. Within five (5) days from the date of the deliberation. The latter within two (2) day thereafter certify the case to the Commission en banc. The Commission may. the Commission shall resolve all matters relative to the list of nominees submitted to it. Order or Ruling. 6. 2. 1. the votes cast for the party-list group or organization shall be included in the counting and. Rule 4 of this Resolution. in the canvassing. the Clerk of the Commission shall notify the Presiding Commissioner. Within twenty-four (24) hours from the filing thereof. within three (3) days from the last day of filing of the list of nominees. SEC. . application of the Comelec Rules of Procedure or any portion thereof inconsistent herewith is hereby suspended. motu proprio disqualify any nominee whose nomination is contrary to Section 5. A motion to reconsider a Decision. if not pro forma. The Commission Secretary shall upon receipt thereof. telegram. suspends the execution for implementation of the Decision. Suspension of the Comelec Rules of Procedure. Motu proprio cases. The Resolution disqualifying the nomination of party-list nominees shall be published in two (2) newspapers of general circulation. fax or thru the fastest means of communication. SEC. which is a specification of the judgment which the party seeks to obtain. Thereafter. The promulgation of a Decision or Resolution of the Commission or a Division shall be made by delivering a copy thereof to the Clerk of the Commission. Rule 4 have been met. forward to the Commission en banc through the Office of the Commission Secretary. the Law Department shall. or by registered mail. In the interest of justice and in order to attain speedy disposition of cases. Motion for Reconsideration. immediately calendar for deliberation the list of nominees together with the study and recommendation of the Law Department with notice to all members of the Commission. Such motion. cannot be decided before the completion of the canvass. submit its study and recommendation to the Commission en banc through the Office of the Commission Secretary whether or not the conditions imposed in Section 5. Resolution. the proclamation of the nominee shall be suspended notwithstanding the fact that his group or organization received the winning number of votes in such election. Resolution. notice of which shall be served upon the parties or their attorneys personally. if the evidence is strong. 8. RULE 7 COMMON PROVISIONS SEC. Effects of petition if unresolved before completion of canvass. as said memorandum is a summation of the parties pleadings and documentary evidence SEC. Issues raised in the pleadings that are not included in the memorandum shall be deemed waived or abandoned. within the soonest time possible. 7. for reasons beyond the control of the Commission. Promulgation. Order or Ruling of a Division shall be filed with three (3) days from receipt thereof.d. The Commission may consider the memorandum alone in deciding or resolving the petition. the list of nominees for purposes of publication. SEC. The Relief. If the petition. the Law Department shall. however. Upon receipt of the list of nominees. at any time before proclamation. 00 for each respondent-nominee. The Education and Information Department of the Commission shall furnish copies of this Resolution to all field officials of the Commission.The office of the Clerk of the Commission shall calendar the Motion for Reconsideration for the resolution of the Commission en banc within three (3) days from certification thereof. Filing fee for Motion for Reconsideration. There shall be a payment of filing fee of Php 1. SEC. Dissemination. The Education and Information Department of the Commission shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines.000. Availability of records to the public. Effectivity. the Secretary-General of all parties. organization or coalitions registered under the party-list system of representation. the President/Chairman or in his absence. 3. . Additional filing fees shall be charged if there are more than one (1) respondent at Php 1. SEC.000. This Resolution shall take effect seven (7) days after its publication in two (2) daily newspapers of general circulation in the Philippines. 6. 4. Copies of Petitions and/or Manifestations filed under these Rules shall be available to the public upon prior compliance with existing Comelec rules and regulations and payment of fees that the Commission may require. SO ORDERED . SEC. 5. SEC.00 for every Motion for Reconsideration filed before the Office of the Clerk of the Commission.