Resolution No. 9396

The Commission on Elections, by virtue of the powers vested in it by the Constitution of the Republic of the Philippines, the Omnibus Election Code, and other election laws, RESOLVED to promulgate as it hereby RESOLVES, to promulgate the following rules and guidelines on the filing of certificates of candidacy and nomination of official candidates of registered political parties in connection with the June 02, 2012 special election for Member, House of Representatives, Fifth Legislative District, Province of Negros Occidental.

SECTION 1. Certificate of Candidacy. a) No person shall be elected Member of the House of Representatives unless he files a sworn certificate of candidacy in the form prescribed by the Commission and within the period fixed herein.

2. A person who has filed a certificate of candidacy may, prior to the election, withdraw the same pursuant to Section 14 hereof.
3. The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.

SECTION 2. Contents of certificate of candidacy. The certificate of candidacy shall be under oath and shall state, his age, gender, civil status, place and date of birth, his citizenship; the registered political party to which he belongs, if any; if married, the full name of the spouse; his legal residence, giving the exact address, the precinct number, barangay, city or municipality and province where he is a registered voter; his post office address for election purposes; his profession or occupation or employment; that he is eligible for said office and shall state that the person filing it is announcing his candidacy for Member, House of Representatives of the Fifth Legislative District of Negros Occidental, that he is a natural-born citizen, a resident in the district for a period of not less than one (1) year immediately preceding the day of election and a registered voter thereof; that he is not a permanent resident of or an immigrant to a foreign country; 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, resolution, rules and regulations promulgated and issued by the 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 own knowledge.

Unless a candidate has officially changed his name through a court- approved proceeding, a candidate shall use in a 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 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 of 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.

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 name or initials 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, DOCTOR, GINOO, or words of similar imports shall not be allowed.

He shall affix his latest passport size photograph; a statement in duplicate containing his bio-data and program of government not exceeding one hundred words, if he so desires.

SECTION 3. Where to file certificate of candidacy. The certificate of candidacy shall be filed in FIVE (5) LEGIBLE COPIES with the Office of the Provincial Election Supervisor (OPES) of the Province of Negros Occidental.

The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. No certificate of candidacy shall be filed or accepted by mail, telegram or facsimile. The authority of the authorized representative shall be in writing and under oath, and attached to the certificate of candidacy.

Certificate of candidacy not filed with the Office of the Provincial Election Supervisor, Province of Negros Occidental, shall not be accepted.

The filing of the certificate of candidacy of a substitute candidate, in case of valid substitution, shall be filed in accordance with Section 14 hereof.

A sample form of the certificate of candidacy shall be distributed free of charge and no filing fee shall be imposed.

SECTION 4. Period for filing certificate of candidacy. The filing of certificate of candidacy shall be from 8:00 oclock in the morning up to 5:00 oclock in the afternoon, beginning May 14, 2012 up to May 15, 2012, and from 8:00 oclock in the morning to 12:00 midnight on May 16, 2012.

No certificate of candidacy and/or party nomination shall be received after 12:00 oclock midnight of the last day for filing certificates of candidacy, except in cases of proper and valid substitution under Section 14 hereof.

SECTION 5. Certificates of nomination of official candidates by the political party. The certificate of nomination of registered political parties or coalitions of political parties of their official candidates shall be filed not later than the last day for filing of certificates of candidacy, duly signed and attested under oath by the party president, chairman, secretary-general or any other duly authorized officer of the party. The nominee shall accept the nomination by affixing his signature in the space provided therein. If a candidate files his certificate of nomination after his certificate of candidacy has been filed, he shall attach a copy of the certificate of candidacy to his certificate of nomination.

For this purpose, all registered political parties fielding official candidates for the special elections shall submit to the Law Department not later than May 10, 2012 the authorized signatories to official nominations of their respective candidates.

No certificate of nomination or any amendment thereto shall be filed after the last day for the filing of certificate of candidacy, except in case of valid substitution under Section 14 hereof.

No political party shall be allowed to nominate more than one candidate for Member of the House of Representatives in the Fifth Legislative District of Negros Occidental. If a political party nominates more than one candidate, all nominations issued shall be denied due course by the Commission.

SECTION 6. Independent candidate. An independent candidate is one:

1. who has not been nominated by a registered political party or its duly authorized representative;
2. whose nomination has not been submitted by a registered political party;
3. whose nomination was revoked or withdrawn by the political party which issued the nomination;
4. who accepts nominations from more than one registered political party, except in cases of coalitions of said political parties;
5. whose nomination was filed after the last day of filing of certificates of candidacy.

SECTION 7. Effects of Filing Certificates of Candidacy. a) Any person holding a public appointive office or position including active members of the Armed Forces of the Philippines, and other 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.

b) Any person holding an elective office or position shall not be considered resigned upon the filing of his certificate of candidacy for the same or any other elective office or positions.

SECTION 8. Ministerial duty of receiving and acknowledging receipt of certificates of candidacy/nomination; Recording. The receiving officer as provided for in Section 3 hereof shall have the ministerial duty to receive and acknowledge receipt of the certificates of candidacy of a candidate and/or nomination by registered political parties or coalition of political parties on or before the deadline for filing of certificates of candidacy, provided said certificates are under oath and in the form prescribed by the Commission. He shall stamp every copy of each certificate with the date and time of its receipt and affix his signature thereon. Thereafter, the receiving clerk shall enter in a record book, the following data, leaving no space between entries: (a) date and 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 political party to which the candidate belongs and/or which nominated him, if any; (f) the number of copies actually received; and (g) the name of the officer or employee who received the certificate.

Without delay, after 12:00 oclock midnight of the last day for filing certificate of candidacy, the receiving official shall close the record book by placing a line immediately after the last entry and writing the word closed. He shall then affix his signature below the word closed and indicate the date and exact time of closing.

SECTION 9. Watchers of candidates, political parties and accredited citizens arms. Any candidate, political party, accredited citizens arm may appoint a watcher in connection with the filing and reception of the certificates of candidacy. The watcher shall be allowed to stay within the premises of the OPES-Negros Occidental and to take note of the proceedings but without interrupting or disturbing official business. Any watcher may report in writing to the Commission any irregularity, which may require appropriate action.

Watchers shall be entitled, upon written request, to secure from the receiving officer a copy of the full list of those who filed their certificates of candidacy and their respective positions.

SECTION 10. Reports on and delivery of certificates of candidacy. On May 17, 2012, the receiving officer shall report, by rush telegram or any available fastest means of communication to the Law Department of the Commission, the complete list of candidates who have filed their certificates of candidacy as entered in the record book.

On May 18, 2012, the record book containing the record of the certificates of candidacy/nomination received, list of candidates and all copies, except for one copy to be retained for file, of the certificates of candidacy/nomination filed with the offices as provided in Section 3 hereof, shall be delivered personally to the Law Department by the Provincial Election Supervisor of Negros Occidental;

SECTION 11. Distribution of Certificates of Candidacy. The Law Department shall distribute the copies of the certificate of candidacy, as follows:

First and Second copies, to be retained by the Law Department, Comelec, Manila;
Third copy, to ERSD, Comelec, Manila; and
Fourth copy, to the Office of the Executive Director;

SECTION 12. Preparation of the Certified List of Candidates. - Immediately after the last day for filing of certificates of candidacy, the certified list of candidates shall be prepared by Provincial Election Supervisor of the Province of Negros Occidental.

SECTION 13. Withdrawal of Certificate of Candidacy. Any person who has filed a certificate of candidacy may at any time before election day, subject to Section 14 hereof, file personally a statement of withdrawal under oath in five (5) legible copies with the Office of the Provincial Election Supervisor of Negros Occidental. No statement of withdrawal shall be accepted if filed by a person other than the candidate, or by mail, telegram or facsimile.

The Provincial Election Supervisor shall, upon receipt of the withdrawal, notify the Law Department by the fastest means of communication of the a) full name of the candidate withdrawing; b) elective office concerned; c) political party, if any; and d) substitution made, if any. On the same date, he shall retain a file copy and immediately forward to the Law Department all the other copies. The Law Department shall, in turn, distribute the copies to the offices/departments concerned as provided under Section 11 hereof.

SECTION 14. Substitution of candidates, in case of death, disqualification or withdrawal of another, permanent incapacity.If after the last day for the filing of certificate of candidacy, an official candidate of a registered political party dies, withdraws or is disqualified for any cause, or permanently incapacitated, he may be substituted by a candidate belonging to, and nominated by, the same political party.

No substitution shall be allowed for any independent candidate. The substitute for candidates who withdrew, or who were disqualified or died or suffered permanent incapacity may file his certificate of candidacy up to mid-day of election day. If the disqualification, death or permanent disability should occur between the day before the election and mid-day of election day, the substitute candidate may file the certificate with any board of election inspectors in the political subdivision where he is a candidate.

SECTION 15. Nuisance Candidates. The Commission may, motu proprio, or upon 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 names of 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.

A verified petition to declare a duly registered candidate as a nuisance candidate shall be filed personally or through duly authorized representative with the Commission by any registered candidate within five (5) days from the last day for filing certificate of candidacy.

SECTION 16. Period to File Petitions to Deny Due Course to or Cancel a Certificate of Candidacy. A verified petition seeking to deny due course to or cancel a certificate of candidacy may be filed by any person within five (5) days from the last day for the filing of certificate of candidacy but not later than twenty five (25) days from the time of the filing of certificate of candidacy, exclusively on the ground of material misrepresentation on the contents of the certificate of candidacy as required under Section 74 of the Omnibus Election Code (Batas Pambansa Blg. 881).

SECTION 17. Effects of Disqualification. Any candidate who has been declared disqualified by final judgment shall not be voted for and the votes casted in his favor shall not be counted. If, for any reason, he is not declared disqualified by final judgment before the election and he is voted for and receives the winning number of votes, the case shall continue and upon motion of the petitioner, complainant, or intervenor, the proclamation of such candidate may be ordered suspended during the pendency of the said case whenever the evidence of guilt is strong.

1. where a similar complaint/petition is filed before the election and before the proclamation of the respondent and the case is not resolved before the election, the trial and hearing of the case shall continue and referred to the Law Department for preliminary investigation.
2. where the complaint/petition is filed after the election and before the proclamation of the respondent, the trial and hearing of the case shall be suspended and referred to the Law Department for preliminary investigation.

In either case, if the evidence of guilt is strong, the Commission may order the suspension of the proclamation of respondent, and if proclaimed, to suspend the effects of proclamation.

SECTION 18. Effectivity.This Resolution shall take effect seven (7) days after its publication in two (2) daily newspapers of general circulation in the Philippines.

SECTION 19. Dissemination.The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines, give the same the widest dissemination possible and furnish copies thereof to the Regional Election Director of Region VI and Provincial Election Supervisor of Negros Occidental and Election Officers in the Fifth Legislative District of Negros Occidental.

SO ORDERED.