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C. Candidacy

1. Qualifications and disqualifications of candidates

a. QUALIFICATIONS

1) President and Vice-President

NB: See Part VI – Executive Department > A. Qualification, election, and term of the President and Vice-President

2) Senate and House of Representatives

NB: See Part V – Legislative Department > B. Chambers; composition; qualifications

3) Local Elective Officials

The qualifications for elective provincial, city, municipal and barangay officials shall be those provided for in the Local Government Code. (Section 65, B.P. Blg. 881, Omnibus Election Code of the Philippines)

4) 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 his office upon the filing of his certificate of candidacy. (Section 66, Ibid.)

b. DISQUALIFICATIONS

1) Committed certain election violations

Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in excess of that allowed by this Code; (d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. (Section 68, Ibid.)

2) Permanent resident of or an immigrant to a foreign country

Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws. (Ibid.)

2. Filing of certificates of candidacy

a. Effect of filing

1) Incumbent Appointive Official

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 his office upon the filing of his certificate of candidacy. (Quinto v. COMELEC, En Banc, G.R. No. 189698, 01 December 2009)

2) Incumbent Elected Official

An elected official is not deemed to have resigned from his office upon the filing of his certificate of candidacy for the same or any other elected office or position. In effect, an elected official may run for another position without forfeiting his seat. (Ibid.)

b. Substitution and withdrawal of candidates

1) Candidates in case of death, disqualification or withdrawal of another

If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. (Section 77, Ibid.)

The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of the day of the election. (Ibid.)

If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is a candidate, or, in the case of candidates to be voted for by the entire electorate of the country, with the Commission. (Ibid.)

c. Nuisance candidates

1) Concept

The Commission may motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate. (Section 69, Ibid.)

d. Effect of disqualification

1) Concept

The Commission and the courts shall give priority to cases of disqualification by reason of violation of this Act to the end that a final decision shall be rendered not later than seven days before the election in which the disqualification is sought. (Section 72, Ibid.)

Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. Nevertheless, if for any reason, a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, his violation of the provisions of the preceding sections shall not prevent his proclamation and assumption to office. (Ibid.)

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