Book I - Title Two - Chapter 1

Sec. 39. Qualifications. -

1. An elective local official must be a citizen of the Philippines; a registered voter in the Barangay, municipality, city, or province or, in the case of a member of the Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sanggunian bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect.


2. Candidates for the position of governor, vice- governor or member of the Sangguniang Panlalawigan, or Mayor, vice-mayor or member of the Sangguniang Panlungsod of highly urbanized cities must be at least twenty-three (23) years of age on election day.


3. Candidates for the position of Mayor or vice-mayor of independent component cities, component cities, municipalities must be at least twenty-one (21) years of age on election day.


4. Candidates for the position of member of the Sangguniang Panlungsod or Sangguniang bayan must be at least eighteen (18) years of age on election day.


5. Candidates for the position of Punong Barangay or member of the Sangguniang Barangay must be at least eighteen (18) years of age on election day.


6. Candidates for the Sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day.

Sec. 40. Disqualifications. - The following persons are disqualified from running for any elective local position:

1. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence;


2. Those removed from office as a result of an administrative case;


3. Those convicted by final judgment for violating the oath of allegiance to the Republic;


4. Those with dual citizenship;


5. Fugitives from justice in criminal or nonpolitical cases here or abroad;


6. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code; and


7. The insane or feeble-minded.

Sec. 41. Manner of Election. -

1. The governor, vice-governor, city Mayor, city vice-mayor, municipal Mayor, municipal vice-mayor, and Punong Barangay shall be elected at large in their respective units by the qualified voters therein. However, the Sangguniang kabataan chairman for each Barangay shall be elected by the registered voters of the katipunan ng kabataan, as provided in this Code.


2. The regular members of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang bayan shall be elected by district, as may be provided for by law. Sangguniang Barangay members shall be elected at large. The presidents of the leagues of Sanggunian members of component cities and municipalities shall serve as ex officio members of the Sangguniang Panlalawigan concerned. The presidents of the liga ng mga Barangay and the pederasyon ng mga Sangguniang kabataan elected by their respective chapters, as provided in this Code, shall serve as ex officio members of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang bayan.


3. In addition thereto, there shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the Sanggunian concerned within ninety (90) days prior to the holding of the next local elections, as may be provided for by law. The Comelec shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.

Sec. 42. Date of Election. - Unless otherwise provided by law, the elections for local officials shall be held every three (3) years on the second Monday of May.

Sec. 43. Term of Office. - [Note: Amended by Sec. 2, RA 9164]

1. The term of office of all local elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective Barangay officials: Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992.


2. No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected.


3. The term of office of Barangay officials and members of the Sangguniang kabataan shall be for three (3) years, which shall begin after the regular election of Barangay officials on the second Monday of May 1994.