Rule 13: Petitions for Perpetual Disqualification, Disqualification [sic] & Cancellation of Registration of Parties
Section 1. Initiation of Petitions for Perpetual Disqualifications. - Petitions for perpetual disqualification on the ground of repeated non-compliance of a candidate with Section 14 of RA 7166 may be initiated motu proprio through the CFO, or upon the filing of a petition under Rule 25 of the COMELEC Rules of Procedure, as amended by Resolution No. 9523. NGOs and CSOs registered as non-stock non-profit corporations under the Corporation Code and accredited citizens' arms may also file petitions for perpetual disqualification, with the filing fee waived, as provided in Resolution No. 9629. [n]
Section 2. Initiation of Petitions for Disqualification; When to File. - The Campaign Finance Office, motu proprio, may file petitions to disqualify a 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:
- Given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; [OEC, Section 68 (a)]
- Spent in his election campaign an amount in excess of that allowed by this Code; [OEC, Section 68 (c) in relation to Section 100, as amended by Section 13 of Republic Act No. 7166]
- Solicited, received or made any contribution prohibited under Section 89, 95, 96, 97 and 104 of the Omnibus Election Code; [OEC, Section 68 (d)]
- Committed unlawful electioneering as described in Section 261 (k) of the OEC; [OEC, Section 68 (e)]
- Released, disbursed or expended any public funds for public works which fall under the prohibition provided in Section 261 (v) of the OEC; [OEC, Section 68 (e)]
- Solicited votes or undertakes any propaganda on the day of election, for or against any candidate or any political party within the polling place or within a radius of thirty (30) meter thereof as provided in Section 261 (cc) subparagraph (6); [OEC, Section 68 (e)]
- Failed to submit his Statement of Contributions and Expenditures in relation to at least two (2) elections, in which case the penalty shall be perpetual disqualification to hold public office.
NGOs and CSOs registered as non-stock non-profit corporations under the Corporation Code and accredited citizens' arms may also file petitions for disqualification on the aforementioned grounds, with the filing fee waived, as provided in Resolution No. 9629.
Section 3. Initiation of Petitions for Cancellation of Registration of Parties. - Petitions for cancellation of registration of a party on the ground that it failed to comply with Section 14 of RA 7166 may be initiated motu proprio through the CFO, or upon the filing of a petition for cancellation of registration under Rule 32, Section 8 of the COMELEC Rules of Procedure.
Section 4. When to file. - Petitions for perpetual disqualification and cancellation of registration may be filed at anytime, as long as the grounds on which the petitions are based upon have been clearly established.
Petitions for disqualification must be filed during the period provided in Rule 25 of the COMELEC Rules of Procedure, as amended by Resolution No. 9523.
Section 5. Governing Procedure for these Actions. - The procedure provided in Rule 25 of the COMELEC Rules of Procedure shall govern in petitions for disqualification and perpetual disqualification, while Rule 32 thereof shall govern over actions for cancellation of registration.