Candidacy | ELECTION LAW

Political Law and Public International Law

XIV. Election Law > B. Candidacy

Candidacy refers to the legal process by which a person expresses the intent to run for public office in the Philippines. This process is governed by various legal provisions, particularly in the 1987 Philippine Constitution, the Omnibus Election Code (Batas Pambansa Blg. 881), and various resolutions of the Commission on Elections (COMELEC).

1. Qualifications for Candidacy

The eligibility to run for public office is guided by specific qualifications prescribed by the Constitution and relevant laws, depending on the position being sought. Here are the general qualifications:

A. National Positions:

  1. President and Vice President (Article VII, Section 2 and 3 of the 1987 Constitution):

    • Natural-born citizen of the Philippines.
    • Registered voter.
    • Able to read and write.
    • At least 40 years of age on the day of the election.
    • Resident of the Philippines for at least 10 years immediately preceding the election.

  2. Senators (Article VI, Section 3):

    • Natural-born citizen of the Philippines.
    • At least 35 years of age on the day of the election.
    • Able to read and write.
    • Registered voter.
    • Resident of the Philippines for at least 2 years immediately preceding the election.

B. Local Positions:

  1. Members of the House of Representatives (Article VI, Section 6):

    • Natural-born citizen of the Philippines.
    • At least 25 years of age on the day of the election.
    • Able to read and write.
    • Registered voter in the district where the candidate intends to be elected.
    • Resident of the district for at least 1 year immediately preceding the election.

  2. Local Elective Officials (Governors, Vice Governors, Mayors, Vice Mayors, etc. per Local Government Code of 1991):

    • Filipino citizen.
    • Registered voter in the area where the candidate seeks to be elected.
    • Able to read and write.
    • Resident of the locality for at least 1 year immediately preceding the day of the election.
    • At least 23 years of age on the day of the election (for provincial and city officials).

C. Party-List Representatives (Article VI, Section 5):

  • Filipino citizen.
  • Registered voter.
  • Able to read and write.
  • Resident of the Philippines for at least 1 year immediately preceding the election.
  • A bona fide member of the party or organization they represent for at least 90 days preceding the election.

2. Disqualifications for Candidacy

In addition to the qualifications for candidacy, certain individuals are prohibited from running for public office. These disqualifications are outlined in various laws, including the Constitution and the Omnibus Election Code:

  1. Non-Filipino Citizens: Only Filipino citizens, natural-born or otherwise, may run for elective office.

  2. Persons Convicted of a Crime Involving Moral Turpitude (Omnibus Election Code, Section 12):

    • A person convicted by final judgment of a crime involving moral turpitude or an offense punishable by more than 18 months of imprisonment.

  3. Persons Removed from Office (Omnibus Election Code, Section 40):

    • Persons who have been removed from office due to an administrative case are disqualified unless they have been pardoned or their disabilities have been removed.

  4. Ineligibility Due to Term Limits (Constitution, Article VI and VII):

    • President: No person who has been elected President may be re-elected (Article VII, Section 4).
    • Senators: Limited to two consecutive 6-year terms (Article VI, Section 4).
    • Members of the House of Representatives: Limited to three consecutive 3-year terms (Article VI, Section 7).
    • Local Officials: Mayors, Governors, and other local elective officials are limited to three consecutive 3-year terms (Local Government Code of 1991, Section 43).

  5. Persons Declared Insane or Incompetent (Omnibus Election Code, Section 12):

    • Those declared insane or incompetent by final judgment cannot run for office.

  6. Government Employees (Omnibus Election Code, Section 66 and Civil Service Law):

    • Officers or employees of the civil service, military, or police may not run for elective office unless they resign from their position at least one year prior to the election.

  7. Persons Under Preventive Suspension: Officials under preventive suspension may not run for any elective office unless their suspension is lifted or they are acquitted of the charges.

3. Filing of Certificate of Candidacy (COC)

The Certificate of Candidacy (COC) is a formal declaration of one's intent to run for public office. It contains personal information about the candidate and the office being sought.

A. Period for Filing (Omnibus Election Code, Section 73):

The COMELEC determines the period for filing COCs. This typically takes place months before the scheduled election, and late filing is not allowed.

B. Contents of the COC (Omnibus Election Code, Section 74):

  • Full name, nickname, and the political party (if applicable).
  • The position being sought.
  • Statement that the person is eligible to run for the office.
  • Sworn statement declaring that the facts contained in the COC are true.
  • The COC must be signed under oath.

C. Substitution of Candidates (Omnibus Election Code, Section 77):

  • A candidate who dies, withdraws, or is disqualified after the last day for the filing of COCs may be substituted by another candidate belonging to the same political party.
  • The substitution must be filed before the election day, and the substitute must also submit their COC.

D. Withdrawal of Candidacy (Omnibus Election Code, Section 73):

  • A candidate may voluntarily withdraw their candidacy by submitting a written notice to the COMELEC. This may be done at any time before the election.

4. Nuisance Candidates (Omnibus Election Code, Section 69)

A nuisance candidate is one who has no bona fide intention to run for office and whose candidacy is aimed at making a mockery of the election process or causing confusion among voters due to similarity in names with other candidates. The COMELEC may, on its own or upon petition, declare a candidate a nuisance and cancel their COC if:

  • The candidacy will cause confusion among the electorate.
  • The candidate has no genuine intention to run for the office.
  • The candidacy is intended merely to harass or cause a disadvantage to another candidate.

5. Effect of Filing a Certificate of Candidacy

The filing of a COC generally affects the candidate's current status or office, particularly in the case of appointive officials.

A. Automatic Resignation for Appointive Officials (Omnibus Election Code, Section 66):

Appointive officials (e.g., cabinet members, civil service employees) are considered automatically resigned upon filing their COC for elective office.

B. Elective Officials:

Elective officials are not considered automatically resigned when they file a COC for another position. They may continue to hold their office while running for another position, except in cases of potential incompatibility, such as running for a higher office or from a local to a national position.

6. Campaigning Before Official Campaign Period (Premature Campaigning)

According to Republic Act No. 9369, amending the Automated Election Law (Republic Act No. 8436), a person is not considered a candidate until the start of the official campaign period. Thus, acts conducted before the campaign period, even if related to an election, are not treated as election offenses under the rule against premature campaigning.

However, any violations of campaign rules (e.g., exceeding the expenditure limit or engaging in prohibited activities) within the campaign period can result in penalties or disqualification.

7. Disqualification Cases

A candidate may be subject to disqualification based on legal grounds, including:

  • Violation of election laws, such as exceeding the campaign expenditure limits.
  • Engaging in vote-buying or other prohibited practices.
  • Misrepresentation in the COC.

COMELEC and the courts have jurisdiction over disqualification cases, and they may disqualify a candidate based on a valid petition.

8. Judicial Review

Any candidate aggrieved by a decision of the COMELEC regarding their candidacy (e.g., disqualification, nuisance status) may elevate the matter to the Supreme Court through certiorari. However, the Court generally respects the findings of fact by the COMELEC unless there is grave abuse of discretion.

Conclusion

Election candidacy in the Philippines is a process strictly regulated by constitutional provisions, statutes, and COMELEC rules. Candidates must meet the qualifications, file their COCs properly, and adhere to legal prohibitions on disqualifications and premature campaigning. Furthermore, the integrity of the election process is maintained through mechanisms like the declaration of nuisance candidates and the handling of disqualification cases by the COMELEC and the courts.

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