Session 7 of Election Law (Agra)



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Session 7 : Postponement and Failure ofElections; Political Parties and Pollwatchers OMNIBUS ELECTION CODE (BP 881) Section 5 Postponement of election. - When for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such a nature that the holding of a free, orderly and honest election should become impossible in any political subdivision, the Commission, motu proprio or upon a verified petition by any interested party, and after due notice and hearing, whereby all interested parties are afforded equal opportunity to be heard, shall postpone the election therein to a date which should be reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than thirty days after the cessation of the cause for such postponement or suspension of the election or failure to elect. Section 6 Failure of election. - If, on account of force majeure, violence, terrorism, fraud, or other analogous causes the election in any polling place has not been held on the date fixed, or had been suspended before the hour fixed by law for the closing of the voting, or after the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result of the election, the Commission shall, on the basis of a verified petition by any interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than thirty days after the cessation of the cause of such postponement or suspension of the election or failure to elect. ARTICLE XV WATCHERS Section 178. Official watchers of candidates. - Every registered political party, coalition of political parties and every independent candidate shall each be entitled to one watcher in every polling place. No person shall be appointed watcher unless he is a qualified voter of the city or municipality, of good reputation and shall not have been convicted by final judgment of any election offense or of any other crime, must know how to read and write Pilipino, English, Spanish or any of the prevailing local dialects, and not related within the fourth civil degree of consanguinity or affinity to the chairman or any member of the board of election inspectors in the polling place where he seeks appointment as a watcher. Each candidate, political party or coalition of political parties shall designate in every province, highly urbanized city or district in the Metropolitan Manila area, a representative authorized to appoint watchers, furnishing the provincial election supervisor or the city election registrar, as the case may be, the names of such representatives. The provincial election supervisors shall furnish the municipal election registrars and election registrars of component cities with the list of such representatives. In the case of Metropolitan Manila, the designation of the persons authorized to appoint watchers shall be filed with the Commission, which shall furnish the list of such representatives to the respective city and municipal election registrars. Section 179. Rights and duties of watchers. - Upon entering the polling place, the watchers shall present and deliver to the chairman of the board of election inspectors his appointment, and forthwith, his name shall be recorded in the minutes with a notation under his signature that he is not disqualified under the second paragraph of Section 178. The appointments of the watchers shall bear the personal signature or the facsimile signature of the candidate or the duly authorized representatives of the political party or coalition of political parties who appointed him or of organizations authorized by the Commission under Section 180. The watchers shall have the right to stay in the space reserved for them inside the polling place. They shall have the right to witness and inform themselves of the proceedings of the board of election inspectors, including its proceedings during the registration of voters, to take notes of what they may see or hear, to take photographs of the proceedings and incidents, if any, during the counting of votes, as well as of election returns, tally boards and ballot boxes, to file a protest against any irregularity or violation of law which they believe may have been committed by the board of election inspectors or by any of its members or by any persons, to obtain from the board of election inspectors a certificate as to the filing of such protest and/or of the resolution thereon, to read the ballots after they shall have been read by the chairman, as well as the election returns after they shall have been completed and signed by the members of the board of election inspectors without touching them, but they shall not speak to any member of the board of election inspectors, or to any voter, or among themselves, in such a manner as would distract the proceedings, and to be furnished with a certificate of the number of votes in words and figures cast for each candidate, duly signed and thumbmarked by the chairman and all the members of the board of election inspectors. Refusal of the chairman and the members of the board of election inspectors to sign and furnish such certificate shall constitute an election offense and shall be penalized under this Code. Section 180. Other watchers. - The duly accredited citizens arm of the Commission shall be entitled to appoint a watcher in every polling place. Other civic, religious, professional, business, service, youth and any other similar organizations, with prior authority of the Commission, shall be entitled collectively to appoint one watcher in every polling place. 3) The third copy. Electronic Returns. 6 and 7 of the Omnibus Election Code shall be decided by the Commission sitting en banc by a majority vote of its members. directed to the President of the Senate. Postponement. 8) The eight copy to the Provincial Board of canvassers. 1) The first copy shall be delivered to the city or municipal board of canvassers. in accordance with a voluntary agreement among them. The member of the board of election inspectors concerned refusing to sign shall be compelled to explain his or her refusal to do so. in case of such vacancy in the Senate. However. vice-president. the chairman of the board shall note the same copy in each copy of the printed election returns. Failure to explain an unjustifiable refusal to sign each copy of the printed election return by any member of the board of election inspectors shall be punishable as provided in this Act. to the citizen's arm authorized by the Commission to conduct an unofficial count 5) The fifth copy. the special election shall be held simultaneously with the succeeding regular election. Each copy shall be signed and thumbmarked by all the members of the board of election inspectors and the watchers present.A. In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year before the expiration of the term. 22. No. The causes for the declaration of a failure of election may occur before or after the casting of votes or on the day of the election. the copies of the election returns shall be sealed and placed in the proper envelopes for distribution as follows: A. to the dominant minority party as determined by the Commission in accordance with law. 9) The ninth to the eighteenth copies. 7166) Section 4. 9369) SEC. Automated Elections Law (R. . to the congress. the total number of voters who actually voted and the total numbers of votes obtained by each candidate based on the election returns. declaration of failure of election and the calling of special elections as provided in Sections 5.Each copy of the of the printed election returns shall bear appropriate control marks to determine the time and place of printing. . to the dominant majority party as determined by the Commission in accordance with law. excluding the dominant majority and minority parties.A. 2) The second copy. shall be given to the ten (10) accredited major national parties. Failure of Election and Special Elections. senators and party-list system. No. In the election of president. If any member of the board of election inspectors present refuses to sign. 6) The six copy. 4) The fourth copy. The chairman of the boards shall then publicly read and announce the total numbers of registered voters.SYNCHRONIZED ELECTION ACT (R.The postponement. the Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy. Thereafter. If . to the commission. and 7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots. excluding the dominant majority and minority parties. 881. 10) The nineteenth and twentieth copies.no such agreement is reached. to the two accredited major local parties in accordance with a voluntary agreement among them. 11) The twenty-first to the twenty-fifth copies. to local broadcast or print media entities as may be equitably . in accordance with a voluntary agreement among them. 7166. 5) The fifth copy. 7166. to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible. and 13) The twenty-seventh to the thirtieth copies. and other non-partisan groups or organization enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. Such citizens' arm. the Commission shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of republic Act No. and 7) The seventh copy shall be deposited inside the copy shall deposited inside the compartment of the ballot box for valid ballots. groups and organization may use the four certified copies of election returns for the conduct of citizens' quick counts at the local or national levels. 7166. including the accredited citizen's arm. 6) The sixth copy. 12) The twenty-sixth and twenty-seventh copies. 3) The third copy. to the Commission. 4) The fourth copy. 10) The nineteenth and twentieth copies shall be given to the two accredited major local parties in accordance with a voluntary agreement among them. 12) The twenty-fifth and twenty-six copies. 8) The eight copy to be posted conspicuously on a wall within the premises of the polling place or counting center. to the citizens' arm authorized by the Commission to conduct an unofficial count. If no such agreement is reached. to the major citizen's arms. the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 2) The second copy. to the dominant majority party as determined by the Commission in accordance with law. 9) The ninth to the eighteenth copies. 7166. the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. to the dominant minority party as determined by the Commission in accordance with law. If no such agreement is reached. the commission shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of Republic Act No. In the election of local officials and members of the House of Representatives: 1) The First copy shall be delivered to the city or municipal board of canvassers. If no such agreement is reached. B. to the provincial board of canvassers. 11) The twenty-first to the twenty-fourth copies. to local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible. shall be given to the ten (10) accredited major national parties. to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible. political parties/candidates. it shall print the certificate of canvass of votes for president. The election results at the city/municipality canvassing centers shall be transmitted in the same manner by the election officer or any official authorized by the commission to the district or provincial canvassing centers. Such citizens' arms. which must be sufficiently lighted and accessible to the public. in the presence of watchers and representatives of the accredited citizens' arm. electronically transmit the precinct results to the respective levels of board of canvassers. The election returns transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the canvassing of votes and the proclamation of a candidate. and parties. the poll clerk shall announce the posting of said copy on a wall within the premises of the polling place or counting center. and to the Kapisanan ng mga Brodcaster ng Pilipinas (KBP). if any. Within one hour after the printing of the election returns.determined by the Commission in view of propagating the copies to the widest extent possible. as the case may be. . SEC. the chairman of the board of election inspectors shall detach the election return from the wall and keep the same in his custody to be produced as may be requested by any voter for image or data capturing or for any lawful purpose as may be ordered by competent authority. Any person may view or capture an image of the election return by means of any data capturing device such as. . vicepresident. to the accredited citizen's arm. 25. Upon completion of the canvass. organization or coalitions participating under the partylist system by consolidating the electronically transmitted results contained in the data storage devices used in the printing of the election returns. and other non-partisan groups or organization enlisted by the Commission pursuant to section 52(k) of Batas Pambansa Blg. vice-president. groups and organization may use the five certified copies of election returns for the conduct of citizens' quick counts at the local or national levels. 881. and 13) The twenty-eighth to the thirtieth copies to the major citizens' arms. Immediately after the eight copy is printed. Canvassing by Provincial. the chairman of the board of election inspectors or any official authorized by the Commission shall. City.The City or Municipal board of canvassers shall canvass the votes for the president. including the accredited citizens' arm. After such period. proclaim the elected city or municipal officials. senators and members of the House of Representatives and elective provincial officials and thereafter. senators. but not limited to cameras at any time of the day for forty-eight (48) hours following its posting. to the dominant majority and minority party. District and Municipal Boards of Canvassers. After the electronic results have been transmitted additional copies not to exceed thirty (30) may be printed and given to requesting parties at their own expense. vice-president. members of the House of Representatives and thereafter. It shall produce a certificate of the canvass votes for president. Upon completion of the canvass. senators. vicepresident. and senators thereafter. The district board of canvassers of each legislative district comprising two municipalities in the Metro Manila area shall canvass the votes for president. vicepresident and senators and thereafter. vice-president. proclaim the elected municipal officials. senators. the board shall procedure the canvass of votes for president. vice-president. proclaim the . vice-president. members of the House Representatives and elective city officials by consolidating the certificates of canvass electronically transmitted or the results contained in the data storage devices used in the printing of the election returns. proclaim the elected members of the House Representatives and municipal officials. Upon completion of the canvass. In the Metro Manila area. vicepresident. and senators and thereafter. vice-president. it shall prepare the certificate of canvass of votes for president. Upon completion of the canvass. Upon completion of the canvass. Each component municipality in a legislative district in the Metro Manila area shall have a municipal board of canvassers which shall canvass the votes for president. each municipality comprising a legislative district shall have a district board of canvassers which shall canvass the votes for president. members of the House of Representatives and elective municipal officials by consolidating the electronically transmitted results or the results contained in the data storage devices used in the printing of the election returns. senators. vice-president. it shall produce the certificates of canvass votes for president. senators and members of the House of Representatives by consolidating the certificates of canvass electronically transmitted from the city/municipal consolidating centers or the results contained in the data storage devices submitted by the municipal board of canvassers of the component municipalities. members of the house of Representatives and elective municipal officials by consolidating the results electronically transmitted from the counting centers or the results contained in the data storage devices used in the printing of the election returns. Upon completion of the canvass. proclaim the elected members of the House of Representatives and city officials. The district/provincial board of canvassers shall canvass the votes for president. senators and thereafter. senators. senators. it shall produce the certificate of canvass of votes for president. proclaim the elected members of the House of Representatives in the legislative district.The city board of canvassers of cities comprising one or more legislative districts shall canvass the votes for president. vicepresident. members of the House of Representatives and elective provincial officials by consolidating the results electronically transmitted from the city/municipal consolidating centers or the results contained in the data storage devices submitted by the board of canvassers of the municipalities and component cities. . (9) The nineteenth and twentieth copies shall be given to the two accredited major local parties in accordance with a voluntary agreement among them.(a) The certificate of canvass of votes for president. in accordance with a voluntary agreement among them. senators. and (4) The fourth copy shall be given to the citizen arm designated by the Commission to conduct an unofficial count. parties. SEC. district and provincial certificates of canvass of votes shall each be supported by a statement of votes. If no such agreement is reached. parties. If no such agreement is reached. The certificates of canvass transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the proclamation of a winning candidate. It shall be the duty of the citizens' arm to furnish independent candidates' copies of the certificate of canvass at the expense of the requesting party. Within one hour after the canvassing. the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act no. excluding the dominant majority and minority parties. city. (7) The seventh and eighth copies shall be given to the dominant majority and minority parties.elected members of the House of Representatives and the provincial official. The municipal. vice-president. (3) The third copy shall be kept by the chairman of the board. (2) The second copy shall be sent to the Commission. vice-president. (8) The ninth to eighteenth copies shall be given to the ten (10) accredited major national parties. members of the House of Representatives. The Commission shall adopt adequate and effective measures to preserve the integrity of the certificates of canvass transmitted electronically and the results in the storage devices at the various levels of the boards of canvassers. directed to the President of Senate. the Commission shall decide which parties shall receive the copies on the basis of . (5) The fifth copy to Congress. Number of Copies of Certificates of Canvass of Votes and their distribution. organization or coalitions participating under the party-list system and elective provincial officials. 26. (6) The sixth copy to be posted on a wall within the premises of the canvassing center. organization or coalitions participating under the partylist system and elective provincial officials shall be produced by the city or municipal board of canvassers and distributed as follows: (1) The first copy shall be delivered to the provincial board of canvassers for use in the canvass of election results for president. senators. members of the House of Representatives. directed to the President of the Senate. the Chairman of the district or provincial Board of Canvassers or the city board of canvassers of those cities which comprise one or more legislative districts shall electronically transmit the certificate of canvass to the commission sitting as the national board of canvassers for senators and partylist representatives and to the Congress as the National Board of Canvassers for the president and vice president. 7166. The board of canvassers shall furnish all other registered parties copies of the certificate of canvass at the expense of the requesting party. vice-president and senators. by provincial boards of canvassers and by district boards of canvassers in the Metro Manila area. (7) The seventh and eight copies to the dominant majority and minority parties. and (4) The fourth copy shall be given to the citizens' arm designated by the Commission to conduct an unofficial count. to be determined by the Commission on the basis of the criteria provided in Section 26 of Republic Act No. groups and organization may use the three certified copies of election returns for the conduct of citizens' quick counts at the local or national levels. (9) The eleventh to thirteenth copies to broadcast media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible. Such citizens' arms. parties. directed to the president of the Senate for use in the canvass of election results for president and vice-president. and (10) The fourteenth copy to another citizens' arm or in the absence thereof. to local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible. (10) The twenty-first to the twenty-fifth copies to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible. It shall be the duty of the citizens' arm to furnish independent candidates copies of the certificate of canvass at the expense of the requesting party. (6) The six copy to be posted on a wall within the premises of the canvassing center. (5) The fifth copy to Congress. . including the accredited citizens' arm. 881. (b) The certificate of canvass of votes for president. The board of canvassers shall furnish all other registered parties copies of the certificate of canvass at the expense of the requesting party. (2) The second copy shall be sent to the Commission for use in the canvass of the election results for senators. 7166.criteria analogous to that provided in Section 26 of Republic Act No. to the major citizens' arms. and other highly urbanized areas and distributed as follows: (1) The first copy shall be sent to congress . Such citizens' arm or non-partisan group or organization may use the copy of election return for the conduct of citizens' quick counts at the local or national levels. (3) The third copy shall be kept the chairman of the board. 7166. organization or coalitions participating under the party-list system shall be produced by the city boards of canvassers of cities comprising one or more legislative districts. excluding the dominant majority and minority parties. (8) The ninth and tenth copies to two accredited major national parties representing the majority and minority. directed to the President of the Senate. (11) The twenty-six and twenty-seven copies. to a non-partisan group or organization enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. and other non-partisan groups or organizations enlisted by the commission pursuant to Section 52(k) of Batas Pambansa Blg. and (12) The twenty-eighth to the thirtieth copies. Kumausap na ako ng mga abodago tungkol dito.Akala ko malala na 'yong mga taong tinutukoy ko sa last message ko. mag-ingat kayo please lang. . which must be sufficiently lighted and accessible to the public. Sigurado ako. Ang bastos mo lang din talaga e no? Hindi naman kita inaano pero bakit ka naman ganiyan? Kahit kailan hindi kita tinrato ng mali.Where the AES is used. district. Any person may view or capture an image of the Certificate of Canvass or the supporting statement of votes by means of any data capturing device such as. shall compose the national board of canvassers for senators and party-list representatives. After such period. National Board of Canvassers for Senators and Party-List Representatives. Nakaka-frustrate. the chairman of the board of canvassers shall detach the election return from the wall and keep the same in his custody to be produced as may be requested by any voter for image or data capturing or for any lawful purpose as may be ordered by competent authority. Masyado mo naman akong pinapahirapan. it shall be sealed and placed inside an envelope which shall likewise be properly sealed. city or municipal boards of canvassers shall be signed and thumb marked by the chairman and members of the board and the principal watchers. Random Manual Audit. the national board shall proclaim the winning candidates for senators and party-list representatives. Respect naman please. Alam mo kung sino ka. Overstaying ka na. the chairman of the board of canvassers shall announce the posting of said prints on a wall within the premises of the canvassing center.(c) The certificates of canvass printed by the provincial. Thereafter. SEC 29. where the board of Canvassers has the duty to furnish registered political parties with copies of the certificate of canvass. cameras at any time of the day for forty-eight (48) hours following the posting. Any difference between the automated and . . Binabaliw mo na ako e. It shall canvass the results by consolidating the certificates of canvass electronically transmitted. magffile na kami ng ejectment case. No Holds Barred. Akala ko pa naman mabuti kang tao. Imbis na batas at mga kaso nasa isip ko. the pertinent election returns shall be attached thereto. In all instances. Pero mas malala ka pa pala. but not limited to. Kaya guys. . Pero pucha. 'di lang ako ang biniktima mo ng ganito. Bakit kailangan mong hadlangan 'yong mga pangarap ko? Gusto ko lang naman makapasa at maging abogado. Tignan natin kung di pa rin kita mapaalis diyan sa isip ko. SEC.The chairman and members of the Commission on Election sitting en banc. abuso na 'to e. SEC 28. there shall be a random manual audit in one precinct per congressional district randomly chosen by the Commission in each province and city. if available. where appropriate. Immediately after the six copy and its supporting statement of votes are printed. At talagang inaaraw-araw mo pa ha. 27. wala akong ibang maisip kundi ikaw. Thereafter. Bukas na bukas. – Political parties (PP) may hold political conventions to nominate their official candidates from September 1230. preventing the installation or use of computer counting devices and the processing. (e) Presentation by the citizens' arm of tampered or spurious election returns. POLITICAL CONVENTIONS Section 1. memory pack receiver and computer set. Any person convicted for violation of this Act. facilities. destroying or stealing: (1) Official ballots. damaging.manual count will result in the determination of root cause and initiate a manual count for those precincts affected by the computer or procedural error. except those convicted of the crime of electoral sabotage. election returns. hardware or equipment. and perpetual disqualification to hold public office and deprivation of the right of suffrage.The following shall be penalized as provided in this Act. altering. program. memory pack/diskette. duration and in the designated location shall constitute an election offense on the part the election officer concerned. (f) Refusal or failure to provide the dominant majority and dominant minority parties or the citizens'' arm their copy of election returns. (b) Interfering with. COMELEC RESOLUTION 9984: RULE I A. (c) Gaining or causing access to using. SEC. . tampering with. whether classified or declassified. peripherals or supplies used in the AES such as counting machine. destroying or disclosing any computer data. Prohibited Acts and Penalties. Holding of Political Conventions. Moreover. (d) Refusal of the citizens' arm to present for perusal its copy of election return to the board of canvassers. shall be penalized with imprisonment of eight years and one day to twelve (12) years without possibility of parole. 35. system software. and certificates of canvass of votes used in the system. the offender shall be perpetually disqualified to hold any non-elective public office. 2015. whether or not said acts affect the electoral process or results: (a) Utilizing without authorization. network. absconding for purpose of gain. and (2) Electronic devices or their components. and (g) The failure to post the voters' list within the specified time. data or information. or any computer-related devices. storage. impeding. . generation and transmission of election results. the Law Department shall motu propriodetermine the acronym of the PP. Name of the Chairperson/President/SecretaryGeneral of the nominating PP. taking into account the 30-character limitation of the name to appear on the official ballot of a candidate. The Certificate of Acceptance shall be simultaneously with the Certificate of Nomination. Effect of Failure to Submit List of Authorized Signatories with Specimen Signatures. Name of the PP. Contents and Form of the Certificate of Nomination. sectoral party. organization or Coalition. . 4. 2.Failure to submit the List of Authorized Signatories with Specimen Signatures by the registered PP or Coalition within the stipulated period shall result in the declaration of their nominees as independent candidates. in the form prescribed by the Commission and to be submitted within the period fixed herein. In case of failure to provide such acronym and abbreviation. Authorized Signatories and Specimen Signatures of Political Parties. Filing of Certificate of Nomination and Certificate of Acceptance of Nominees of PartyList Groups. 3. – The PP or a coalition of political parties (Coalition) shall personally submit to the Law Department a list of their authorized signatories. The List of Authorized Signatories shall include three specimen signatures. Name and Address of all the nominees. A sample form of the List of Authorized Signatories with Specimen Signatures is attached as Annex A. sectoral party.B. C. A certification that the nominees have all the qualifications and none of the disqualifications of nominees and that they are not candidates for any . organization or Coalition shall be under oath. Section 2.The Certificate of Nomination and Certificate of Acceptance of nominees of a PP. filed Section 5. organization or Coalition. Section 3. their positions in the PP and their respective jurisdictions or places of authority to nominate and sign the Certificate of Nomination and Acceptance (CONA) of their official candidates. LIST OF AUTHORIZED SIGNATORIES WITH SPECIMEN SIGNATURES The last day to submit the List of Authorized Signatories with Specimen Signatures shall be on 9 October 2015. CERTIFICATE OF NOMINATION AND CERTIFICATE OF ACCEPTANCE OF NOMINEES OF PARTY-LIST GROUPS Section 4. organization or Coalition shall contain the following: 1. sectoral party. in five copies. The PP or Coalition shall provide their choice of acronym and its abbreviation in not more than six characters. sectoral party. The Certificate of Nomination of a PP. . Profession or occupation. That the facts stated in the certificate are true and correct to the best of the nominee’s personal knowledge. That the nominee possesses all the qualifications and none of the disqualifications. rules and regulations promulgated and issued by the duly constituted authorities. Civil status. 14. Section 6. The signature and attestation under oath. 18. Secretary-General or any other duly authorized officer of the nominating party. 15. 5. That the nominee is eligible for the office for which said nominee is nominated. 10. sectoral party. Contact number. A sample form of the Certificate of Nomination is attached as Annex B.00). decrees. That the nominee will obey the laws. That the nominee assumes the foregoing obligations voluntarily without mental reservation or purpose of evasion. Original signature of the nominee. A documentary stamp in the amount of Fifteen Pesos (Php15. Passport-size photograph of the nominee taken within the last six months. 4. sectoral party. Age. That the nominee is a natural-born Filipino citizen. organization or Coalition shall contain the following: 1. 7. 19.00). 8. Address or residence. resolutions. 12. 20. elective office or have lost in their bid for an elective office in the immediately preceding election. A documentary stamp in the amount of Fifteen Pesos (Php15. organization or coalition. Thumb mark of the nominee. Name of the PP. 2. 9. Date and place of birth of the nominee. Gender. 6. President. 21. 17. 3.. Name of the nominee. Contents and Form of Certificate of Acceptance of Nominees of Party-List Groups. 6. 13. 11. That the nominee will support and defend the Constitution of the Republic of the Philippines and will maintain true faith and allegiance thereto. 16.5. . Number of years residing in the Philippines immediately preceding the election. legal orders. either by the Party Chairperson. The Certificate of Acceptance of nominees of a PP. a public officer holding a public appointive office or position shall be deemed to include private citizens appointed to public offices representing the private sector. Section 11.The Certificate of Nomination and Certificate of Acceptance of nominees of party-list groups shall be filed on any day from October 12-16. Filing of Certificate of Nomination and Acceptance. If the PP or Coalition nominated more than the number of candidates required to be voted for in a particular elective position.. 2. D.A sample form of the Certificate of Acceptance is attached as Annex C. . in five copies. Preparation of the Certified List of Nominees. and stamped received in the same manner as the COC. and the aspirants shall be declared independent candidates. Section 9.No duly registered PP or Coalition shall be allowed to nominate more than the number of candidates required to be voted for in a particular elective position. . Jurisdiction or Place of Authority to sign the CONA of the authorized officer of the nominating party. and other officers and employees in government-owned or -controlled corporations.The CONA of the candidates of the duly registered PP or Coalition shall contain the following: 1.Any person holding a public appointive office or position. the Law Department shall prepare the Certified List of Nominees in five copies. CERTIFICATE OF NOMINATION AND ACCEPTANCE OF OFFICIAL CANDIDATES Section 7. Effects of Acceptance of Nomination. filed simultaneously with the Certificate of Candidacy (COC). The Certificate of Nomination and Certificate of Acceptance of nominees of party-list groups shall be filed before the Law Department. Section 8. copy furnished the Office of the Clerk of the Commission. Name of the PP or Coalition. – On October 30. Name and original signature of the authorized officer of the nominating party. . Allowed Number of Nominations. Section 12. under oath. during office hours from 8:00 AM to 5:00 PM. including active members of the Armed Forces of the Philippines. Period and Place for Filing Certificate of Nomination and Certificate of Acceptance of Nominees of Party-list Groups. Section 10. Signature of the nominee. Contents and Form of Certificate of Nomination and Acceptance. A sample form of the Certificate of Nomination and Acceptance is attached asAnnex D. all of the nominations shall be denied due course by the Commission. For purposes of this section. The CONA shall be in the form prescribed by the Commission. 3. 2015. 2015. . 4. shall be considered ipso facto resigned from the office and must vacate the same at the start of the day of the filing of Certificates of Nomination and Acceptance. g. . giving the exact address and the number of years residing in: i. . h. the Philippines and whenever applicable. Provided that. Certificate of Candidacy. Provincial. k. – No person can run for the position of President. the aspirant may personally file with the proper Office in accordance with Section 8. address for election purposes. office aspired for. j. c. the authorized representative shall present an originally signed Authority to Submit Statement of Cancellation/Withdrawal. whether natural-born or naturalized. Contents and Form of Certificate of Candidacy. ii. Section 3. the name of the spouse. name of the aspirant. Member of the House of Representatives. Senator.An aspirant or an authorized representative may file the Statement of Cancellation/Withdrawal. legal residence. d. citizenship. stating the reasons therefor and attaching thereto the consent of the nominating party. However. if married. Section 4. place and date of birth. . if any. Contents and Form of Statement of Cancellation/Withdrawal if Not Personally Filed. Vice-President. b. a sworn Statement of Cancellation/Withdrawal to maintain the desired office and cancel the COC for the other office or office/s. No person shall be eligible for more than one office to be filled in the same election.An aspirant who files a COC for more than one office shall not be eligible for any of them. e. age. The originally signed Authority to Submit Statement of Cancellation/Withdrawal shall be under oath and containing the specimen signature of both the principal and the agent. the duly registered PP or Coalition to which the aspirant belongs. civil status.RULE II FILING OF CERTIFICATES OF CANDIDACY Section 1. Sample forms of the Statement of Cancellation/Withdrawal and Authority to Submit Statement of Cancellation/Withdrawal are attached as Annexes E and E-1. before the expiration of the period for the filing of COC. City. . Section 2. f.The COC shall be under oath and shall state: a. if any. gender. i. the place where the aspirant intends to be elected up to the day before the election. Municipal or ARMM Regional official unless such aspirant accomplishes a sworn COC in the form prescribed by the Commission. Rule II hereof. respectively. Effect of Filing a Certificate of Candidacy for More Than One Office. r. s. that the aspirant is not a permanent resident or an immigrant to a foreign country. decrees. legal orders. true and itemized Statement of Contributions and Expenditures (SOCE) in connection with the election. (2) the name by which such aspirant has been baptized.00 documentary stamp shall be attached to the COC. Candidate’s Name to Appear on the Official Ballot. – The following will appear on the official ballots: Candidate’s Surname. that the aspirant will obey the laws. no aspirant shall use the nickname or stage name of another. an aspirant shall use in the COC: (1) the name registered in the Office of the Local Civil Registrar. even in their capacities as notary public. when there are two or more aspirants for an office with the same name and surname. An aspirant shall also affix a passport-size photograph taken within the last six months. o. and Acronym of the PP or Coalition which collectively shall not exceed 30 characters. city or municipality and province where the aspirant is a registered voter or will be a registered voter. that the aspirant assumes the foregoing obligations voluntarily without mental reservation or purpose of evasion. An aspirant may include one nickname or stage name by which aspirant is generally or popularly known in their locality. each aspirant. COMELEC employees are not authorized to administer oath. First name OR nickname. Only one nickname or stage name shall be considered. m. . a Hadji name after performing the prescribed religious pilgrimage. A P15. resolutions. a bio-data and program of government not exceeding 100 words. or (3) any other name under the provisions of existing law or in the case of a Muslim. The COC shall be sworn to before a Notary Public or any official authorized to administer oath. profession or occupation or employment. q.l. with the Commission. However. that the aspirant is eligible for said office. The forms of the COC are attached as Annexes F to F13. t. Provided that. Unless there was an official change of name through a court-approved proceeding. the barangay. p. that the aspirant will support and defend the Constitution of the Republic of the Philippines and will maintain true faith and allegiance thereto. n. that the aspirant will file. Section 5. that the facts stated in the certificate are true and correct to the best of the aspirant’s knowledge. rules and regulations promulgated and issued by the duly constituted authorities. within 30 days after Election Day. a full. shall need to state a paternal and maternal surname. except the incumbent who may continue to use the name and surname stated in the COC when last elected. or is in excess of the required number of characters. Maria (PP) In excess of 30 characters Dela Cruz-Reyes Torres Surname Middle Name Maria Luzviminda First Name The name to appear shall be: Maria (PP) Dela Cruz-Reyes.: Name of the Candidate in the COC Nicknam e of the Candidat e in the COC Name to Appear in the Ballot (as provided by the candidate in the COC) Name to Appear in the Official Ballot (must not exceed 30 characters including spacing. Name to Appear on the Official Ballot of Married Female Candidates. . Section 7. such aspirant shall provide the following data in the Name to Appear on the Official Ballot (Item No. Maria (PP) use of both maiden and married name Dela Cruz-Reyes. taking into consideration the name of the candidate as stated in Item No. if a candidate fails to indicate the desired name to appear on the official ballot. Last Name (in candidate. PP or Coalition (Acronym only) married female name OR married Example for a married female candidate: Dela Cruz-Reyes Torres Surname Middle Name use of name maiden Maria First Name Dela Cruz. whichever they prefer. or the desired name is not in accordance with the guidelines. her name OR both) case of maiden a ii. Maria (PP) use of married name Reyes. or if it is in Excess of the Required Number of Characters. ( ).g. 4 of the Certificate of Candidacy): i. Thus.Section 6. First Name OR Nickname iii. Guidelines in Case of Failure to Indicate the Name to Appear on the Official Ballot. 1 of the COC.Married female candidates may either use their maiden name or married name or both.The Law Department shall motu proprio determine the name to appear on the official ballot of the candidate. and acronym of . e. . or if the Desired Name is Not in Accordance with the Guidelines. subject to the 30-character limitation. Juana Manuela Torres Jane Dela Cruz. Jane (PP) Members of the House of Representatives for legislative districts in the National Capital Region (NCR) Office of the Regional Election Director.PP) Dela Cruz. Juan Manuel Juan Manuel Dela Cruz Dela Cruz. NCR . Juana Manuela Torres Manela Dela Cruz. – Depending on the elective positions. Juan Manuel Miguel Torres Juan Dela Cruz. Juan Manuel Miguel Torres JM Torres Dela Cruz. Juana Manuela (PP) Dela Cruz. Manuel Dela Cruz. the COC shall be filed in five copies with the following offices: Elective Positions Where to file President Law Department Vice President Senator Dela Cruz. JM Torres Jane Torres Dela Juan (PP) Dela Juan (PP) Dela Juan (PP) Cruz. Juana Manuela (PP) Section 8. Manuel Cruz. Manuel Cruz. Jane Dela Cruz. Mike Torres. Juan Manuel Miguel Torres Miggy. Juana Manuela Torres Dakilang Ina Dela Cruz. Where to File Certificate of Candidacy. JM Torres (PP) Dela Cruz. Juana Dakilang Ina Dela Cruz. Juan Manuel Miguel Torres Dela Cruz Dela Cruz. JM Dela Cruz. Period for Filing of Certificates of Candidacy. or facsimile shall be accepted. in case of valid substitution. there are still persons intending to file COCs present inside the Offices mentioned in Section 8 Rule II hereof. which comprise one or more legislative districts City Officials of cities with more than one Election Officers City/Municipal Officials ARMM Governor and Vice-Governor Member. No filing fee shall be imposed for the filing of the COC.Members of the House of Representatives for legislative districts in provinces Office of the Provincial Election Supervisor concerned Provincial Officials Members of the House of Representatives for legislative districts in cities outside the NCR. Regional Legislative Assembly. from 8:00 AM to 5:00 PM. The filing of the COC of a substitute aspirant. The COC shall be filed by the aspirant or through a duly authorized representative with a sworn and signed Authority to File the COC. 2015. If at 4:45 PM of the last day of filing of the COC. A sample form of the Authority to File COC is attached as Annex G. shall be filed in accordance with Section 18 Rule II hereof. The COC shall be filed on October 12-16. electronic mail. Zamboanga ARMM City City) or Marawi Office of the ARMM Provincial Election Supervisor concerned Any COC filed with the incorrect Offices shall be deemed as not filed. No COC filed by mail. Section 9. Office of the City Election Officer concerned designated for the purpose by the Regional Election Director (Copies of the designation of the Election Officer shall be submitted to the Law Department on or before 30 September 2015) Office of the City/Municipal Election Officer Office of the ARMM Regional Election Director (Cotabato City. the . of Filing Certificate a. both of whom are authorized signatories of the party. whose CONA was different from the position indicated in the COC which was discovered only after the last day of the filing of the COC. Section 11. and j. and other officers and employees in government-owned or -controlled corporations. or has repudiated a CONA from a duly registered PP or Coalition. who accepts nominations from more than one duly registered PP or Coalition for the same constituency. shall be considered ipso facto resigned from the office and must vacate the same at the start of the day of the filing of COC. with the conformity of the candidate. i. Section 12. Independent Candidate. A COC filed in accordance with this procedure shall be stamped received at the time it was actually filed and deemed filed on time. whose CONA was signed by a person whose authority to sign CONA and specimen signature has not been submitted to the Law Department within the period prescribed by Section 2. Suspension of Registration of Voters. . who has submitted a CONA from the individual members of the Coalition. Any person not present when the name is called. whose CONA was filed after the last day of filing of of Any person holding a public appointive office or position. – a. The persons listed shall be called by announcing each name in the order in which they are listed. who has not accepted a nomination. b. f. and the time of listing. Effects Candidacy. withdrawn or substituted by the nominating party within the period for filing of COC. Rule II hereof. c. Section 10. Any person holding an elective office or position shall not be considered resigned upon the filing of a COC whether for the same or any other elective office or position. e. whose CONA has been submitted by a PP or Coalition not duly registered with the Commission. who has not been nominated by a duly registered PP or Coalition. consecutively numbered. g. – The continuing registration of voters shall be suspended during the period of filing of COCs.Receiving Officer shall prepare a complete list containing the names of said persons. b.An independent candidate is one who falls in any of the following circumstances: who has submitted two CONAs from the same PP but signed by two different officials. d. h. shall not be allowed to file a COC. whose CONA was cancelled. including active members of the Armed Forces of the Philippines. COC. Provided that. . the following data. the office for which the candidate is seeking election. date and actual time of receipt. b. d. The Receiving Officer shall enter in a record book. Watchers shall be entitled to secure from the Receiving Officer. or accredited citizen’s arm may appoint one watcher each in connection with the filing of the COCs. e. the Parish Pastoral Council for Responsible Voting (PPCRV) with the PPCRV giving preferential position closest to the Receiving Officer. The Receiving Officer shall then affix a signature immediately below the word closed and indicate the date and exact time of closing.The Receiving Officer shall have the ministerial duty to receive and acknowledge the receipt of the COC and CONA. Section 14. The watcher. they are filed in conformity with the rules and regulations. if the certificate is not filed personally by the candidate. a copy of the full list of those who filed their COCs and their respective positions for which they intend to be elected. Watchers of Independent Candidates. The Receiving Officer shall immediately close the record book by placing a line immediately after the last entry and writing the word closed after the time allowed for the filing of the COC.A CONA must come from the Coalition. the name of the authorized representative. who shall present an appointment paper to the Receiving Officer. A candidate who accepts nominations from both a national and a local registered PP shall not be considered as an independent candidate. The Receiving Officer shall stamp every copy of each Certificate with the date and actual time of receipt and affix a signature thereon. h. the number of copies received. Political Parties and Accredited Citizens’ Arms. assigned consecutive number thereof. Ministerial Duty of Receiving and Acknowledging Receipt of Certificates of Candidacy/Nomination and Acceptance. full name of the candidate. and the name of the Receiving Officer. Recording. shall be allowed to stay within the premises of the receiving Office. if any. PP. – An independent candidate. if the PP is a member of a Coalition. c. If all watchers cannot be accommodated in the area for filing of COCs. g. preference shall be given to the watcher of the dominant majority and dominant minority parties as determined by the Commission in the May 13. . f. leaving no space between entries: a. 2013 National and Local Elections and the watchers of the Citizen’s Arms. Section 13. the nominating political party or coalition of political parties or the party to which the candidate belongs. Any watcher may report to the Commission any irregularity observed during the proceedings. and original copies of the COCs and CONAs shall. The Receiving Officer shall submit a Certified List of Candidates to the Law Department not later than October 17. Certified List of Candidates. 2015. print a Certified List of Candidates as entered in the record book.Section 15. ARMM.com) in PDF format. Representatives in the NCR. ViceGovernor and Members of the Regional Legislative Assembly. and Election Officer b. Vice President and Senator Law Department NCR: a. NCR: Election Governor. encode the candidates’ information and save the same in two (2) compact discs (CDs). – The Record Book. City and Municipal Positions. affix a signature thereon and submit it. ARMM: Regional Election Director. Preparation of the Certified List of Candidates. 2015. The Head of the Receiving Office shall make sure that the candidate’s information encoded in the compact discs are accurate and complete as stated in the COC of the candidate. Section 17. and b. the following shall prepare a Certified List of Candidates in five copies: ELECTIVE POSITION IMPLEMENTING OFFICE President. outside Provincial Supervisor concerned. legislative districts in b. . either through facsimile or electronic mail (comelec. Reports of the Certificates of Candidacy Received.Immediately after the last day for filing of COCs. Positions in the NCR. not later than October 19. Regional House of Election Director. Members of the House of Representatives for legislative districts and Provincial. Delivery and Distribution of the Reports on the Certificates of Candidacy Received. City/Municipal concerned. using the program and the format provided by the Information Technology Department (ITD). to the Commission. – The Head of the Receiving Office shall: a. be delivered and distributed as follows: . City/Municipal the NCR. Members of thea. Section 16. through the Law Department. CDs.law@gmail. second copy of the COCs and CONAs. and one CD.From/Office concerned Position To NCR Regional Director Member of the House of Representatives for positions in the legislative districts in the NCR Law Department NCR Election Officer/s All positions except Member of the House of Representatives for positions in the legislative districts in the NCR Law Department Provincial Election Supervisor/s All positions within their area of jurisdiction Law Department ARMM Regional Election Director All positions in the ARMM Law Department The Election Records and Statistics Department (ERSD) shall likewise receive a copy of the Certified Lists of Candidates. . withdraws or is disqualified for any cause after the last day for the filing of COCs may be substituted by a candidate belonging to. No Statement of Cancellation/Withdrawal filed by a person other than the candidate or if filed by mail. 2015. and nominated by. a sworn Statement of Cancellation/Withdrawal. The substitute for a candidate who died or is disqualified by final judgment. Provincial Election . nominating political party or coalition of political parties. two original copies of the sworn Statement of Cancellation/Withdrawal.law@gmail. Withdrawal of Certificate of Candidacy. at any time before Election Day and subject to Section 19. c.com) in PDF format. On the same day. the Receiving Officer shall immediately forward to the Law Department. The Law Department shall. The substitute of a candidate who has withdrawn may file a COC for the Office affected on or before December 10. electronic mail. – An official candidate of a duly registered PP or Coalition who dies. No substitute shall be allowed for any independent candidate. name of the withdrawing candidate.The remaining three copies of the COCs and CONAs shall be retained by the Receiving Office. Section 19. Provincial Election Supervisor. Disqualification or Withdrawal of Another. the substitute candidate may file a COC with any Board of Election Inspectors. the same PP or Coalition. The filing of a Statement of Cancellation/Withdrawal of a COC shall not affect whatever civil. b. or the Election Officer concerned shall notify the Law Department. Section 18. criminal or administrative liability a candidate may have incurred. position aspired for. with the Office where the COC was filed. . Substitution of Candidates in Case of Death. in five original copies. if any. upon receipt of the sworn Statement of Cancellation/Withdrawal. 2015 so that the name of the substitute will be reflected on the official ballots. retaining three copies thereof for file. A sample form of the Statement of Cancellation/Withdrawal has been previously attached as Annex E. either through facsimile or electronic mail (comelec. The Regional Election Director.Any candidate may personally file. if any. the substitute and the substituted have the same surnames. in turn. Rule II hereof. stating the following: a. and name of the substitute. No substitution due to withdrawal shall be allowed after December 10. may file a COC up to mid-day of Election Day. forward the other copy to the ERSD. Election Officers. d. or facsimile shall be accepted. Provided that. If the death or disqualification should occur between the day before the election and mid-day of Election Day. pertinent data and statistics to support its arguments in accordance with the above criteria. Petitioner shall allege in its petition such facts that will entitle it to accreditation. Section 3. – The dominant majority party. RULE III FILING OF PETITION FOR ACCREDITATION FOR THE PURPOSE OF DETERMINING THE DOMINANT MAJORITY PARTY. as the case may be. and the two major local parties. the substitute and the substituted candidate have the same surnames. and e. . the ten major national parties and the two major local parties shall be determined on the basis of the following criteria. with the Law Department. Who May File. The number of incumbent elective officials belonging to them on the last day of the filing of the COC. DOMINANT MINORITY PARTY. Other analogous circumstances that may determine their relative organizations and strengths.100. in the political subdivision where such person is a candidate. Ten Major National Parties and Two Major Local Parties. Criteria for Determining the Dominant Majority Party. Section 2. Filing Fee. the ten major national parties. When to File. TEN MAJOR NATIONAL PARTIES AND TWO MAJOR LOCAL PARTIES Section 1. Section 4. coalition of groups that now composed them. taking into account among other things. The established record of the said parties. d. the dominant minority party. Dominant Minority Party. Their identifiable political organizations and strengths as evidenced by their organized chapters. Provided that. their showing in past elections. – A fee of Ten Thousand and One Hundred (P10. 2015.00) Pesos for filing and legal research fee shall be paid at the Cash Division of this Commission. b. Vice-President or Senator. The ability fill a complete slate of candidates from the municipal level to the position of the President. – The petition shall be filed not later than November 9.Supervisor or Regional Election Director. a. c. The Clerk of the Commission shall receive the petition and docket the same as SPP (DM). – A PP duly registered with the Commission may file a verified petition for accreditation for determination of dominant majority party. the dominant minority party. or in the case of a candidate for President. The petitioner shall include in its petition.
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