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Omnibus Election Code

1 . Qualifications

Sec. 63. Qualifications for President and Vice-President of the

Philippines. - No person may be elected President unless he is a

natural-born citizen of the Philippines, a registered voter, able

to read and write, at least forty years of age on the day ofelection, and a resident of the Philippines for at least ten years

immediately preceding such election.

Sec. 64. Qualifications for Members of the Batasang Pambansa.

- No person shall be elected Member of the Batasang

Pambansa as provincial, city or district representative unless he

is a natural-born citizen of the Philippines and, on the day of

the election, is at least twenty-five years of age, able to read

and write, a registered voter in the constituency in which he

shall be elected, and a resident thereof for a period of not less

than six months immediately preceding the day of the election.

A sectoral representative shall be a natural-born citizen of the

Philippines, able to read and write, a resident of the Philippines,

able to read and write, a resident of the Philippines for a period

of not less than one year immediately preceding the day of the

election, a bona fide member of the sector he seeks to

represent, and in the case of a representative of the agricultural

or industrial labor sector, shall be a registered voter, and on the

day of the election is at least twenty-five years of age. The

youth sectoral representative should at least be eighteen and

not be more than twenty-five years of age on the day of the

election: Provided, however, That any youth sectoral

representative who attains the age of twenty-five years during

his term shall be entitled to continue in office until theexpiration of his term.

Sec. 65. Qualifications of elective local officials. - The

qualifications for elective provincial, city, municipal and

barangay officials shall be those provided for in the Local

Government Code.

Sec. 66. Candidates holding appointive office or positions. - Any

person holding a public appointive office or position, including

active members of the Armed Forces of the Philippines, and

officers and employees in government-owned or controlled

corporations, shall be considered ipso facto resigned from hisoffice upon the filing of his certificate of candidacy.

Sec. 67. Candidates holding elective office. - Any elective

official, whether national or local, running for any office other

than the one which he is holding in a permanent capacity,

except for President and Vice-President, shall be considered

ipso facto resigned from his office upon the filing of his

certificate of candidacy.

2. Disqualifications

Sec. 68. Disqualifications. - Any candidate who, in an action

protest in which he is a party is declared by final decision of

competent court guilty of, or found by the Commission

having (a) given money or other material consideration

influence, induce or corrupt the voters or public offici

performing electoral functions; (b) committed acts of terroris

to enhance his candidacy; (c) spent in his election campaign

amount in excess of that allowed by this Code; (d) solicite

received or made any contribution prohibited under Sectio

89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 886 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, sh

be disqualified from continuing as a candidate, or if he has be

elected, from holding the office. Any person who is

permanent resident of or an immigrant to a foreign count

shall not be qualified to run for any elective office under th

Code, unless said person has waived his status as permane

resident or immigrant of a foreign country in accordance wi

the residence requirement provided for in the election laws.

3. Certificate of Candidacy

Sec. 73. Certificate of candidacy. - No person shall be eligible fany elective public office unless he files a sworn certificate

candidacy within the period fixed herein.

A person who has filed a certificate of candidacy may, prior

the election, withdraw the same by submitting to the offi

concerned a written declaration under oath.

No person shall be eligible for more than one office to be fill

in the same election, and if he files his certificate of candida

for more than one office, he shall not be eligible for any

them. However, before the expiration of the period for t

filing of certificates of candidacy, the person who was fil

more than one certificate of candidacy may declare under oa

the office for which he desires to be eligible and cancel t

certificate of candidacy for the other office or offices.

The filing or withdrawal of a certificate of candidacy shall n

affect whatever civil, criminal or administrative liabilities whi

a candidate may have incurred. Sec. 74. Contents certificate of candidacy. - The certificate of candidacy shall sta

that the person filing it is announcing his candidacy for t

office stated therein and that he is eligible for said office; if f

Member of the Batasang Pambansa, the province, including

component cities, highly urbanized city or district or sectwhich he seeks to represent; the political party to which

belongs; civil status; his date of birth; residence; his post offi

address for all election purposes; his profession or occupatio

that he will support and defend the Constitution of t

Philippines and will maintain true faith and allegiance theret

that he will obey the laws, legal orders, and decre

promulgated by the duly constituted authorities; that he is n

a permanent resident or immigrant to a foreign country; th

the obligation imposed by his oath is assumed voluntari

without mental reservation or purpose of evasion; and that t

facts stated in the certificate of candidacy are true to the be

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of his knowledge.

Unless a candidate has officially changed his name through a

court approved proceeding, a certificate shall use in a

certificate of candidacy the name by which he has been

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

the name registered in the office of the local civil registrar or

any other name allowed under the provisions of existing law or,

in the case of a Muslim, his Hadji name after performing the

prescribed religious pilgrimage: Provided, That when there are

two or more candidates for an office with the same name and

surname, each candidate, upon being made aware or such fact,

shall state his paternal and maternal surname, except the

incumbent who may continue to use the name and surname

stated in his certificate of candidacy when he was elected. He

may also include one nickname or stage name by which he is

generally or popularly known in the locality.

The person filing a certificate of candidacy shall also affix his

latest photograph, passport size; a statement in duplicate

containing his bio-data and program of government not

exceeding one hundred words, if he so desires.

Sec. 75. Filing and distribution of certificate of candidacy. - The

certificate of candidacy shall be filed on any day from the

commencement of the election period but not later than the

day before the beginning of the campaign period: Provided,

That in cases of postponement or failure of election under

Sections 5 and 6 hereof, no additional certificate of candidacy

shall be accepted except in cases of substitution of candidates

as provided under Section 77 hereof.

The certificates of candidacy for President and Vice-President of

the Philippines shall be filed in ten legible copies with theCommission which shall order the printing of copies thereof for

distribution to all polling places. The certificates of candidacy

for the other offices shall be filed in duplicate with the offices

herein below mentioned, together with a number of clearly

legible copies equal to twice the number of polling places in the

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

may be:

(a) For representative in the Batasang Pambansa, with the

Commission, the provincial election supervisor, city

election registrar in case of highly urbanized cities, or

an officer designated by the Commission havingjurisdiction over the province, city or representative

district who shall send copies thereof to all polling

places in the province, city or district;

(b) For provincial offices, with the provincial election

supervisor of the province concerned who shall send

copies thereof to all polling places in the province;(c) For city and municipal offices, with the city or municipalelection registrar who shall send copies thereof to all

polling places in the city or municipality; and (d) For punong barangay or kagawad ng sangguniangbarangay, the certificates of candidacy shall be filed in

accordance with the provisions of Section 39 of Artic

VI of this Code.

The duly authorized receiving officer shall immediately send t

original copy of all certificates of candidacy received by him

the Commission.

4. Nuisance Candidate

Sec. 69. Nuisance candidates. - The Commission may mo

proprio or upon a verified petition of an interested par

refuse to give due course to or cancel a certificate of candida

if it is shown that said certificate has been filed to put t

election process in mockery or disrepute or to cause confusi

among the voters by the similarity of the names of t

registered candidates or by other circumstances or acts whi

clearly demonstrate that the candidate has no bona fi

intention to run for the office for which the certificate

candidacy has been filed and thus prevent a faith

determination of the true will of the electorate.

Local Government Code (RA 7160)

1. Qualifications

SEC. 39. Qualifications. - (a) An elective local official must be

citizen of the Philippines; a registered voter in the baranga

municipality, city, or province or, in the case of a member

the sangguniang panlalawigan, sangguniang panlungsod,

sanggunian bayan, the district where he intends to be electe

a resident therein for at least one (1) year immediate

preceding the day of the election; and able to read and wrFilipino or any other local language or dialect.

(b) Candidates for the position of governor, vice- governor

member of the sangguniang panlalawigan, or Mayor, vic

mayor or member of the sangguniang panlungsod of high

urbanized cities must be at least twenty-three (23) years of a

on election day.

(c) Candidates for the position of Mayor or vice-mayor

independent component cities, component cities,

municipalities must be at least twenty-one (21) years of age

election day.

(d) Candidates for the position of member of the sanggunia

panlungsod or sangguniang bayan must be at least eighte

(18) years of age on election day.

(e) Candidates for the position of punong barangay or memb

of the sangguniang barangay must be at least eighteen (1

years of age on election day.

(f) Candidates for the sangguniang kabataan must be at lea

fifteen (15) years of age but not more than twenty-one (2

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years of age on election day.

2. Disqualifications

SEC. 40. Disqualifications. - The following persons are

disqualified from running for any elective local position:

(a) Those sentenced by final judgment for an offense involving

moral turpitude or for an offense punishable by one (1) year ormore of imprisonment, within two (2) years after serving

sentence; (b) Those removed from office as a result of an

administrative case;

(c) Those convicted by final judgment for violating the oath of

allegiance to the Republic;

(d) Those with dual citizenship;

(e) Fugitives from justice in criminal or nonpolitical cases here

or abroad;

(f) Permanent residents in a foreign country or those who have

acquired the right to reside abroad and continue to avail of the

same right after the effectivity of this Code; and

(g) The insane or feeble-minded.

Villaber vs Comelec

F: Petitioner seeks to annul Comelec resolution disqualifying

him as congressional candidate of Davao Del Sur and for the

cancellation of his certificate of candidacy and denial of motio

for reconsideration. Petitioner was disqualified upon the

petition of his rival candidate for disqualification on grounds o

his previous conviction in violation of BP 22 (bouncing check

law) which constitutes moral turpitude, a ground for

disqualification for electoral candidacy under the OmnibusElection Code.

I: WON a violation of BP 22 constitutes a disqualification for

electoral candidacy.

R: A violation of BP 22 involves the following elements:

Accused makes, draws, issues any check to apply to accoun

or for value;

Accused knows at the time of the issuance that there is no

sufficient fund on the drawee bank for the payment

the check in full upon its presentment.

The check is subsequently dishonored by the drawee bank.

The presence of the 2nd element represents moral turpitude

stated in the ruling of People v Atty. Fe Tuanda where

conviction for violation of BP 22 involves deceit and affects th

good moral character of a person.

De Guzman vs Comelec

FACTS: The Comelec reassigned petitioners to other stations

pursuant to Section 44 of the Voters Registration Act. The Ac

prohibits election officers from holding office in a particular ci

or municipality for more than four years. Petitioners claim th

the act violated the equal protection clause because not all

election officials were covered by the prohibition.

HELD: The law does not violate the equal protection clause.

is intended to ensure the impartiality of election officials by

preventing them from developing familiarity with the people

their place of assignment. Large-scale anomalies in the

registration of voters cannot be carried out without the

complicity of election officers, who are the highest

representatives of Comelec in a city or municipality.