GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY IN CONNECTION WITH THE OCTOBER 28, 2013 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS Promulgation: 10 July 2013 ________________________________________ The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9164, and other election laws, RESOLVED, as it hereby RESOLVES to promulgate, the following guidelines on the filing of certificates of candidacy in connection with October 28, 2013 Synchronized Barangay and Sangguniang Kabataan (SK) Elections: SECTION 1. Officials to be Elected. - The officials to be elected in each barangay are the following: a. For the Barangay Elections; One (1) Punong Barangay and seven (7) Members of the Sanguniang Barangay. b. For the Sangguniang Kabataan Elections: One (1) Chariman and seven (7) Members of the Sangguniang Kabataan. SECTION 2. Qualifications. - (a) A candidate for the Punong Barangay and Member of the Sangguniang Barangay must be: 1. A citizen of the Philippines; 2. A registered voter in the barangay where he intends to be elected; 3. A resident therein for at least one (1) year immediately preceding the day of the election; 4. Able to read and write Filipino or any local language or dialect; and 5. At least 18 years old on election day; b. Candidate for Sangguniang Kabataan Chairman and Member of the Sangguniang Kabataan must be: 1. A Filipino citizen; 2. A qualified voter of the katipunan ng kabataan; 3. A resident of the barangay for at least one (1) year immediately prior to election; 4. At least fifteen (15) years old but less than eighteen (18) years of age on the day of the election; 5. Able to read and write Pilipino, English or the local dialect; and 6. Must not have been convicted of any crime involving moral turpitude. SECTION 3. Certificate of Candidacy. - No person shall be elected Punong Barangay, Member of the Sangguniang Barangay, Sangguniang Kabataan Chairman or Member of the Sangguniang Kabataan unless he files a sworn Certificate of Candidacy in triplicate in the form prescribed by the Commission. Sample forms of the Certificate of Candidacy are attached hereto, and are available at the Office of the Election Officer for free. Sample forms may be photocopied or reproduced, or downloaded from the COMELEC official website (comelec.gov.ph). Certificates of Candidacy filed not in the prescribed format shall NOT be accepted. No person shall be eligible to run for more than one office, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them. However, before the expiration of the period for the filing of Certificate of Candidacy, the 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 other office. SECTION 4. Contents of Certificate of Candidacy. - The Certificate of Candidacy shall be under oath and shall state that the person filing it is announcing his candidacy for the office and constituency stated therein; the full name of the candidate; that he is eligible for said office; that he is not a member of any political party, group or coalition of political parties; his age; gender; civil status; place and date of birth; his citizenship; if married, the full name of the spouse; his legal residence, giving the exact address and the number of years he has been residing in the country and in the place where he intends to be elected; the barangay, city or municipality and province where he is a registered voter; his post office address for election purpose; his profession or occupation or employment; that he is not a permanent resident or an immigrant to a foreign country; that he is not a permanent resident or an immigrant to a foreign country; that he will file, with the Office of the Election Officer, within thirty (30) days after election day, his full, true and itemized Statement of Contributions and Expenditures (SOCE) in connection with the election; that he will support and defend the Constitution of the Republic of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, decrees, resolutions, rules and regulations promulgated and issued by duly-constituted authorities; that he assumes the foregoing obligations voluntarily without mental reservation or purpose of evasion; and that the facts stated in the certificate are true and correct to the best of his knowledge. Unless a candidate has officially changed his name through a court approved proceeding, a candidate 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 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 (2) or more candidates for the same office with the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surname, except an incumbent who may continue to use the name and surname stated in his Certificate of Candidacy when he was elected. The person filing the Certificate of Candidacy may include one nickname or stage name by which he is generally or popularly known in the locality; Provided: That no candidate shall use the nickname, stage names or initial of another. In case of several nicknames or stage names, only the nickname or stage name first written shall be considered. Titles, such as Don, Datu, Atty., Dr., Ginoo or other words of similar imports shall not be allowed. The person filing the Certificate of Candidacy shall also affix his latest photograph, passport size; a statement in duplicate containing his bio-data and program of government, if he so desires. Documentary stamps in the amount of Fifteen Pesos (Php 15.00) shall be attached to the Certificate of Candidacy. The Certificate of Candidacy may be sworn before a Notary Public or any official authorized to administer oath. The Election Officer is authorized to administer oath the COCs filed within his area of jurisdiction, free of charge. SECTION 5. Where to File Certificate of Candidacy. - The Certificate of Candidacy shall be filed in THREE (3) LEGIBLE COPIES with the office of the City/Municipal Election Officer concerned. The Certificate of Candidacy shall be filed by the candidate personally or by his duly authorized representatives, whose authority shall be in writing, under oath and attached thereto. No Certificate of Candidacy shall be filed or accepted by mail, electronic mail, telegram or facsimile. In cities/municipalities where there are two or more Election Officers, the Certificate of Candidacy shall be filed with the Office of the Election Officer having jurisdiction over the barangay where he is a candidate. SECTION 6. Period for Filing Certificate of Candidacy. - The certificate of Candidacy shall be filed on any day from October 15, 2013 to October 17, 2013, during regular office hours (8:00 a.m to 5:00 p.m.). If at 4:45 p.m. of October 17, 2012, there are still persons intending to file Certificates of candidacy present inside the offices mentioned in Section 5 hereof, the Receiving Officer shall prepare a complete list containing the names of said persons listed shall be called by announcing each name in which they are listed. Any person, who is not present when his name is called, shall not be allowed to file his Certificate of Candidacy. A Certificate of Candidacy filed in accordance with this procedure shall be stamped received at the time it was actually filed, and deemed filed on time. SECTION 7. Effects of Filing Certificate of Candidacy. - a. Any appointive barangay, city/municipal, provincial, regional or national official or employee, or those in the civil or military service, including those in government-owned or controlled corporations, shall be considered ipso facto resigned from his office and must vacate the same at the start of the day of the filing of his Certificate of Candidacy. b. Any person holding an elective office or position shall not be considered resigned upon the filing of his Certificate of Candidacy. SECTION 8. Ministerial Duty of Receiving and Acknowledging Receipt of Certificates of Candidacy; Recording. - The receiving Officer designated to receive Certificates of Candidacy shall have the ministerial duty to receive and acknowledge receipt thereof; Provided that the same are filed in conformity with the herein rules and regulations. He shall stamp every copy of each Certificate with the date and actual time of his receipt and affix his signature thereon. The Receiving Officer shall maintain two separate record books, one for those running for Barangay elective positions and another for those running for Sangguniang Kabataan elective positions. He shall enter in the appropriate record book, the following data, leaving no space between entries: a. date and actual time of receipt of the certificates; b. assigned consecutive number thereof; c. full name of the candidate; d. the office for which the candidate is running; e. the number of copies actually received; f. the name of the duly authorized representative, if the certificate is not filed personally by the candidate; and g. the name of the Receiving Officer. Without delay, on the last day after the time allowed for the filing of the Certificates of Candidacy, the Receiving Officer shall immediately close the record book by placing a line immediately below the word "closed" and indicate the date and exact time of closing. SECTION 9. Verification of Registration by the Receiving Officer. - The Election Officer shall verify from the certified list of voters whether a candidate is a registered voter from the certified list of voters whether a candidate is a registered voter of the barangay where he seeks to be elected. After verification, the Election Officer shall immediately transmit to the Law Department, through the fastest means available, the list of names of the candidates who are not registered voters of the barangays where they seek to be elected. The Law Department shall endorse without delay the documents to the Commission En Banc, which shall decide whether to institute motu proprio the appropriate action pursuant to Resolution No. 9523 or set the case for further investigation. SECTION 10. Preparation of the Certified Consolidated List of Candidates. - Immediately after the last day for filing of Certificates of Candidacy, the Election Officer shall prepare a certified consolidated list of all candidates in two (2) copies. The first copy shall be retained by the Election Officer concerned while the second copy shall be submitted pursuant to the instruction set forth in Section 12 hereof. SECTION 11. Distribution of Certificates of Candidacy. - Copies of the Certificate of Candidacy shall be distributed as follows: a. For Barangay Officials: 1. Original Copy, to the ERSD, Commission on Elections, Manila; 2. Second Copy, to be retained by the Election Officer for his file; and 3. Third Copy, to be retained by the candidate concerned. b. For Sangguniang Kabataan Officials: 1. Original Copy, to the ERSD, Commission on Elections, Manila.; 2. Second copy, to be retained by the Election Officer for his file; and 3. Third copy, to be retained by the candidate concerned. SECTION 12. Delivery of Certificates of Candidacy and Other Documents. - On or before October 21, 2013, the Election Officer concerned shall submit the following documents to the Provincial Election Supervisor of their province or to the Regional Election Director (RED), in case of the National Capital Region (NCR), who shall in turn, personally deliver, on October 22, 2013, the documents to the following offices of the Commission on Elections in Intramuros, Manila: a. ERSD 1. Copies of the consolidated list of all candidates for the Barangay and Sangguniang Kabataan elections for each barangay; 2. Record books; 3. Original copies of the Certificates of Candidacy of candidates for Barangay and Sangguniang Kabataan elections copy for the ERSD; and b. Law Department- List of names of candidates who are not registered voters of the barangays where they seek to be elected. SECTION 13. Posting of Certified Consolidated List of Candidates. - At least ten (10) days before election day or not later than October 18, 2013, the Election Officer shall post copies of the certified consolidated lists of candidates both for the Barangay and Sangguniang Kabataan elections in the barangay hall and in three (3) other conspicuous places in the barangay. SECTION 14. Withdrawal of Certificate of Candidacy. - Any person who has filed a Certificate of Candidacy may withdraw the same at any time before election, by personally filing a Sworn Declaration of Withdrawal in triplicate copies with the Office of the Election Officer where he filed the same. The declaration of withdrawal shall be distributed in the same manner as the Certificates of Candidacy, furnishing a copy or copies thereof to the Board(s) of Election Tellers concerned. The copy for the Election Records and Statistics Department, Commission on Elections, Manila shall be transmitted within twenty-four (24) hours from the filing of the Declaration of Withdrawal. The ERSD shall immediately acknowledge receipt thereof. The filing of withdrawal of a Certificate of Candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred. SECTION 15. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines. SECTION 16. Dissemination. - The Education and Information Department shall cause the immediate publication of this resolution, give the same the widest dissemination possible and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors and Election Officers.
Posted on: Fri, 04 Oct 2013 01:42:36 +0000
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