8/10/2019 COMELEC Resolution 9029
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Republic of the Philippines
COMM ISSION ON ELECTIOVS
Manila
GUIDELINES ON THE FILING OF MELO,
J o s e
A.R.,
haii tan
CERTIFICATES OF CANDIDACY IN
SARMIENTO,
Re ne V.,
orn ssioner
CONNECTION WITH THE OCTOBER
FERRER,
Nicodemo
T. om issioner
TAGLE,
Luce nito N. ,
o issioner
25, 2010 BARANGAY AND
WSOPH,
El i a s
R.,
i
ELASCO,
A r m a n d o C., qmr issioner
SANGGUNIANG KABATAAN
issioner
ELECTIONS. LARRAZABAL,
Gregorio Y.
issioner
X
PROMULGATED
eptember
21, 2010
R ~ ~ S O L U T I O NO.
The Commission on klections, by vir tue of the powers vested
in it
by the
Constitution, th e Om nibub Election Code, Republic Act NO. 9164, an d other election
laws, RESOLVED, . a s t hereby RESOLVES, to th e following
guidelines on the filing of cektificates of candidacy in connection with the October
25 ,2010 Barangay and sa uniang Kabataan elections.
SECTION
1.
O ff i c ia l s to be elected The officials to be elected in ea ch
baran gay are th e following:
(a) For th e B aranga y Elect ions:
One (1)
Punong Barangay
and seven
(7) Sangguniang Barangay
Kagawad.
b)
For the
Sangguniang Kabataan
Elections:
One 1) Ch a i r m a n a n d s e v en ( 7 )
angguniang Kabataan Kagawad.
SEC. 2.
Q ual i f i c a t ions a)
Candidates for
Punong Barangay and
Sangguniang Barnngay Kagawad
m u s t be
1) Filipino citizens;
(2) At leas t 18 yea rs old on election day;
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3) Able to read and wr ite Filipino or an y local language or dialect; and
(4) Registered voters of the barangay where they intend to run for office and
residents thereof for a t least one
1)
year immediately preceding the day
of the election.
b)
Candidates for
Sangguniang abataan
Chairman and
Sanggz~niang abataan
agawad
inust be:
(1) Filipino citizens;
(2)
At least fifteen 19) years old but less than eighteen (18) years old on
election day;
3)
Able to read and wrjte Filipino, English or th e local dialect;
(4) ~ ua l i f i e dmembers bf the atipunan ng abataan of the barangay where
they intend to ru h for office and residents thereof a t least one
(I)
year
immediately preceding the election; and
(5)
Must not have been convicted of a crime involving mora l turpitude .
SEC 3.
Disqualifications
The following are disqualified from running
for any elective
barangay
and
sangguniang kabataan
positions:
(a)Those sentenced by final judgment for- a n offense involving moral
turpitude or for
an
offense, punishable by one
1)
year or more of
imprisonment, and within two 2) years after service of sentence;
b)
Those removed from office as a result of an administrative case;
(c) Those .convicted by final judgment for violatipg the oath of allegiance to
the ~ e ~ u b l i c ;
d)
Those with dual citizenship unless a t the time of filing of the certificate of
candidacy, he makes a personal and sworn renunciation of any and all
foreign citizenship before any public officer authorized to administer an
oath;
(e) Fugitives from justice in cr iminal or nonpolitical cases here or abroad. A
fugitive from justice includes not only those who flee after conviction to
avoid
but
likewise those who, a fte r being charged, flee .to
avoid prosecution;
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0 Per mane nt residents in a foreign country or those who have acquired the
right t o reside abrokd and continue to avail themselves of the same right
after the effectivity of the Local ~ o v e r n m e n t ode;
(g) The insane or feeble-minded;
(h) Any candidate who, in an action or protest in which he is a party, is
declared by final decision of a competent court to be guilty of having, or is
found by the Commission to have committed the following acts shall be
disqualified from continuing as a candidate or, if already elected, from
holding office:
1) Given money or other material consideration to influence or
induce voters to vote for or against a candidate, or to abstain
from voting, or to corrupt government officials a nd employees
performing election functions;
2)
Committed acts of terrorism to enhance hi s candidacy;
(3) Spent in his election campaign an amount in excess of that
allowed by law;
(4) Solicited, received, or made any contributjon prohibited under
Secs. 89, 95, 96, 97 and
104
of the omnibus ~ l ec t i on ode;
5) Violated any of Secs. 83, 86 and 26 (pars. e, k, v and cc, sub
par. 6) of the same Code; or
(6) Those who have been elected and served for three 3)
consecutive terms in the same position. .Voluntary renunciation
of office for any length of timeishall not be considered as an
interruption in the continuity of service for the full term for
which th e elective official was elected.
SEC. 4. Candidates hol ing appointive or elective office Appointive
barangay, city/municipal, provincial, regional, or national officials or employees, or
those in the civil or military service, including those in government-owned or
controlled corporations, shall be considered ipso frr to resigned froin office and must
vacate the same at the start of the day of filing of his certificate of candidacy for a
barangay or sangguniang kabtrtaan office
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For incumbent. municipal,
city, provincial and national elective officials
running for any barangay, elective position sha ll also e considered pso f cto
resigned upon the filing of thei r certificates of candidacy.
SEC
5 Cer t i f i ca t e
o
cand i da cy -
Any person ru nnin g a s candidate for
Punong Barangay, Sangguniang Barangay Kagawad, Sangguniang Kabataan
Chairman or Sangguniang Kabata an Kagawad shall
file a sworn certificate of
candidacy in triplicate in the form attached herein as Annexes A , A-1 , B and
B-1 respectively. The format of the certificate of candidacy may be obtained from
the Election Officer, free of charge or may be downloaded from the Comelec website
a t www.comelec.gov.ph.
The certificate of candidacy shall be filed dur ing regul ar working hours, from
8:00 o'clock in the morn ing to 5:00 o'clock in the afternoqn, from Octo be r 1 2010
to October 13 2010 inclusive, with the Office of tFe Election Officer of the
citylmunicipality concerned. However, o n t h e
l st day
of f ili ng, the Office of the
Election Officer shall receive the certificates of candidacy until .12:00 o'clock
midnight .
Certificates of candidacy shall be filed personally or through a duly
authorized representative who must present written authorization under oath.
No certificate of candidacy shal l be filed or accepted by mail, tel egram or facsimile.
No person shall be eligible to run for more than one office, that is, Punong
Barangay and ~ a r a h g a ~agawad, and if he files his certificate of candidacy for
more than one office, he shall not be eligible for any one of them. However, before
the expiration of the period for the filing of certificate of candidacy, th e person who
has filed a certificate of candidacy for more than one office may declare under oath
the office for which he desires to be elected and cancel the certificate of candidacy
for the o ther office.
In cities/municipalities where there are two or more Election Officers, the'
certificate of calididacy shallbe filed with the Office of the Election Officer having
jurisdiction over the barangay whe re he is a candidate.
The Election Officer 'o r any authorized employee receiving the certificate
shall record in separate logbooks, the date and time of receipt of the certificates of
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candidacy of b r ng y and s ngguni ng k b t n candida tes. The date: and time of
receipt shall also be indicated in each copy of the certificate of candidacy.
SEC
6
Contents of certificate of candidpcy
-
The certificate of
candidacy sha ll contain t he following:
A) A sta tement announcing the candidacy of the person filing it;
b) The position for which he i s a candidate;
(c) A sta tement that he is eligible for said position;
d) His citizenship, residence and date of birth;
(e) His post office address for election purpose;
0
His profession or ocbbpation;
(g) sta tement th at he is eligible for the office he is runn ing for;
(h) sta tem ent tha t fie will support and defend th e Constitution of the
Republic of the r lip pines and maintain true faith and allegiance
thereto, and t ha t hd will obey the laws an d legal orders promulgated by
the duly-constituted authorities;
(i) A declaration th at he is not a permanent resident of, o r a n immigralit to,
a foreign country;
Cj That he as sumes the obligations imposed by his oath voluntarily, without
mental reservation or. purpose of evasion; and t ha t t he facts stated in the
certificate of candidacy are t rue to the best of his knowledge; and
(k)
Such other dat a a s may be required by the Commission.
I
Unless a candidate has officially changed his name th rough a court approved
proceeding, a candida te shall use in his certificate of candidacy the name by which
he has been baptized, or if he has not been baptized in any church or religion, the
name registered in the office of the local civil registrar or any other name allowed
under t he provisions of existing law or, in the case of a Muslim, his Hadj name after
performing the prescribed religious pilgrimage. Howeve r, when th ere ar e two 2) or
more candidates for the same office with the same Dame and surname, each
cgndidate, upon being made aware of such fact, shall state his paternal and
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maternal surnames, except a n incumbent who may continue to use th e name and
surname stated in his certificate of candidacy when he was elected. He may also
include one I) nickname or stage name by which he is generally or popularly
known in the locality. Titles such as Don, Hadji, Datu, Atty.,
Dr
or o ther words of
similar import shall not be allbwed.
SEC
7 Cer t i f ica tes o f can dida cy fi l ed by persons who are not
registered voters or those f i led throug h ma il te legra m facsim ile . Effect .
.Certificates of candidacy of persons who are not registered voters in the barangay
where they intend to run; or those filed through mail, telegram or facsimile shall
not be accepted. For this purpose, the Election Officer shall issue a Certification to
the persons whose certificate of candidacy has not been accepted.
SEC
8 ~ i s t r i b u t i o n f c er ti fi ca te s o f c a n d i d a c y a n d p r e p ar a ti o n o f
l is t o f c an d ida t e s .
(a) Copies of the certificate of candidacy shall be distributed
by the Election Officer a s follows:
1)For arangay Officials:
i. Firs t Copy, to the Election Records an d sta ti sti cs Department,
Commission on Elections, Manila;
ii. Second Copy, to be retained by the Election Officer for his file;
and
iii. Third Copy, to be retained by the candida te concerned.
2)
For Sangguniang Kabataan Officials:
1
First copy, to the Election Records and Statistics Department,
Commission on Elections, Manila;
ii. Second copy, to be reta ined by the Election Officer for his file;
and
ill. Third copy, to be retained by the candidate concerned.
b) Immediately after the last day for the filling
o
certificates of candidacy,
.
the Election Officer shall prepare a certified consolidated list of all
candidates for elective arangay and Sangguniang Kabataan officials per
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(c) Within two
2)
days after the last day for the filing of certificates of
candidacy, the Election Officer shall transmit to the Election Records and
Statistics Department, Commission on Elections, Manila the following:
1 a copy of the said list of candidates together with the
first
copy of
the certificates of candidacy :of the arangay and Sangguniang
Kaba taan candidates; and
2
a list of persons whose certificates of candidacy were not accepted
and the reasonls for non-acceptance.
(d).At least seven (7) days before election day or hot later than Oc to be r
18,
2010,
the Election Officer shall post copies of said lists in the barangay
hall and in three, (3) other conspicuous places in the barangay.
(e) The Election Records and Statistics Department shall acknowledge receipt
of said copies and lis twithin two (2) days from receipt thereof.
SEC
9 Withdrawal o f certificate of candidacy
- ~ n ~erson who has
filed a certificate of candidacy may withdraw it at any t im e before elect ion day
sworn declaration of withdrawal shall be filed personally, in triplicate with the
Office of the Election Officer where the certificate of candidacy was filed. The
certificate of candidacy shall be deemed withdrawn upon filing of the sworn
declaration of withdrawal.
The declaration of withdrawal shall be distributed in the same manner as the
certificates of candid;cy, furnishing a copy dr copies thereof to the Board(s) of
Election Tellers concerned.
The copy for the Election Records and Statistics Department, Commission on
Elections, Manila shal l be transmit ted within twenty-four
(24) hours from the filing
of the declaration. The hlection Records an d Stati stics Department shall
immediately acknowledge receipt thereof.
The filing or withdrawal of a certificate of candidacy shall not affect any
civil, criminal or administrative liabilities of the candidate concerned.
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SEC 10 Substitution of candidates There shall be no substitution of
candidates for s ngguni ng k b t n elections, but substitution by the spouse shall
be allowed for candidates for barangay elections.
The substitute for a candidate who died or suffered permanent incapacity or
disqualified by final judgment, may file his certificate of candidacy up to mid-day of
election day,
12 o clock noon of October 25, 2010.
If the death or permanent
disability should occur between the day before the election and mid-day of election
day, the substitute candidate may file the certificate with any Board of Election
Tellers (BET) in the political subdivision where he is a.candidate.
SEC 11 Authority of the Election Officer to administer oath - For
purposes of the
b r ng y
and
s ngguni ng k b t n
ele~tions,he Election Officer
shall be authorized to administer oaths, free of charge, op all matters related to the
conduct of said elections, including the administratioq of oath to certificates of
candidacy.
SEC
12 Effectivity - This Resolution shall takg effect on the seventh day
after its publication in two (2) daily newspaper of general circulation ili the
Philippines.
SEC
13
Disseminaiion
The Education and Information Department
shall cause the immediate piiblication of this resolution, give the same the widest
dissemination possible and hl n ish copies thereof to all Regional Election Directors,
Provincial Election Supervisors and Election Officers.
SO ORDERED
/ 8
ommissioner
oted in of this r e s d u t i o n ,
business t
the
t i 1
Commissioner Commissioner
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