Resolution No. 9107

WHEREAS, the Commission issued two (2) Resolutions in line with the provision of Sec. 43 (b) of R.A. No. 7160 otherwise known as the "Local Government Code of the Philippines" which provides that no barangay elective official shall serve for more than three (3) consecutive terms in office for the same position;

WHEREAS, the two (2) Resolutions areas follows:

a) Resolution No. 9077 entitled: "IN THE MATTER OF (1) SUSPENDING THE PROCLAMATION OF ANY WINNING CANDIDATE WHO IS INCLUDED IN THE LIST OF MULTIPLE TERMERS SUBMITTED BY THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG) OR WHO HAS A PENDING DISQUALIFICATION CASE BASED ON SECTION 43 (b) OF REPUBLIC ACT NO. 7160; AND (2) PROMULGATING RULES AND REGULATIONS ON INITIATING PETITIONS FOR DISQUALIFICATION, COMPLAINT FOR ELECTION OFFENSE, AND CRIMINAL CHARGES AGAINST BARANGAY OFFICIALS WHO WERE ELECTED AND HAVE SERVED FOR THREE OR MORE CONSECUTIVE TERMS IN OFFICE AND FILED THEIR CERTIFICATES OF CANDIDACY IN THE SAME POSITIONS IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS." promulgated on October 23, 2010; and

b) Resolution No. 9100, entitled: "IN THE MATTER OF AMENDING OR MODIFYING OR REPEALING CERTAIN PROVISIONS OF COMELEC RESOLUTION NO. 9077 DATED OCTOBER 23, 2010 IN THE LIGHT OF RECENT DEVELOPMENTS THAT THE LIST OF THE MULTIPLE TERMERS SUBMITTED BY THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG) WAS MADE WITHOUT GIVING THE PERSON NAMED IN THE LIST THE OPPORTUNITY TO EXPLAIN WHY HE SHOULD NOT BE INCLUDED THEREIN." promulgated on November 15, 2010.

WHEREAS, Resolution No. 9077 speaks of the procedure on how to implement Section 43 (b) of R.A. No. 7160;

WHEREAS, Resolution No. 9100 withdrew the authority of the Law Department to institute petitions for disqualification based on Section 43 (b) of R.A. 7160 and if one has already been instituted to withdraw said petition;

WHEREAS, the main reason for the promulgation of said Resolution No. 9100 is to afford due process to all the affected candidates - a guarantee of procedural fairness mandated by our Constitution;

WHEREAS, notwithstanding the said amendment, the Commission still believes that Section 43 (b) of R.A. 7160, being a clear and explicit provision, should be applied and implemented in order not to render it inutile or a useless provision;

WHEREAS, in the implementation thereof, there is a need to detail a new procedure regarding the disqualification of alleged multiple termers as submitted by the Department of Interior and Local Government;

WHEREAS, this new procedure is adopted in the exercise of the Commission's power to promulgate rules and regulations in order to enforce and administer election laws and, in the interest of justice;

NOW THEREFORE, considering that the Department of Interior and Local Government (DILG) earlier submitted a list of Barangay officials who allegedly have been serving for three (3) or more consecutive terms in office, the Commission RESOLVED, as it hereby RESOLVES, to promulgate the following rules:

SEC. 1. The DILG to formalize its list. - The DILG is hereby required to formalize by way of a petition for disqualification the list of Barangay officials serving three (3) or more consecutive terms in office earlier submitted before the Commission.

SEC. 2. Procedure. - For purpose of formalizing the list into a disqualification case, the following procedures are hereby adopted:

a) A verified petition for disqualification against each of the multiple termers shall be filed before the Office of the Clerk of the Commission, stating its, averments with particularity, including the date and time when the list of such multiple termers were submitted to the Commission;

b) Upon receipt of the petition, the Office of the Clerk of the Commission shall immediately docket the case consecutively, and calendar the same for raffle to a Division;

c) The concerned Division shall issue an Order directing the respondent to file his Answer/Memorandum/Position Paper within three (3) days from receipt thereof;

d) The proceeding shall be summary in nature. In lieu of testimonies, the respondent shall attach in his Answer/Memorandum/Position Paper the affidavit of his witnesses and other documentary evidence;

e) The Answer/Position Paper/Memorandum of the respondent shall contain the following:

1. A "Statement of the Case" which is a clear and concise statement of the nature of the action, a summary of the documentary evidence, and other matters necessary to an understanding of the nature of the controversy;


2. A "Statement of the Issues", which is a clear and concise statement of the issues;


3. The "Argument" which is a clear and concise presentation of the argument in support of each issue; and


4. The "Relief" which is a specification of the judgment which the party seeks to obtain. The issues raised in his/her pleadings that are not included in the Memorandum shall be deemed waived or abandoned. The Commission may consider the Memorandum alone in deciding or resolving the petition, said memorandum being a summation of the parties' pleadings and documentary evidence.

f) The division to which the case is raffled shall, after consultation, immediately assign the same through raffle, to a member who shall pen the decision within three (3) days from the date of consultation.

SEC. 3. Promulgation. - The promulgation of a decision or resolution of a division or the Commission en banc shall be made by transmitting a complete copy of the decision, resolution, order or ruling to the Clerk of the Commission concerned.

SEC. 4. Motion for Reconsideration. - A motion to reconsider a decision, resolution, order or ruling of a Division shall be filed within three (3) days from receipt thereof. Such motion, if not pro-forma, suspends the execution or implementation of the decision, resolutions, order  or ruling.

SEC. 5. Effectivity. - This Resolution shall take effect after seven (7) days from its publication in two (2) daily newspapers of general circulation in the Philippines.

SEC. 6. Dissemination. - Let the Education and Information Department (EID) of this Commission cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines.

SO ORDERED.