POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

XIV. ELECTION LAW
B. Candidacy
4. Effect of Filing of Certificate of Candidacy (COC)

I. Definition and Purpose of a Certificate of Candidacy (COC)

A Certificate of Candidacy (COC) is a formal document that a person submits to the Commission on Elections (COMELEC) to signify their intent to run for public office in an upcoming election. The filing of the COC is required for a person to be considered an official candidate. It contains key information about the candidate, such as their name, political affiliation, and the position they seek. The COC serves as a legal document that puts the candidate under the jurisdiction of election laws and the regulatory framework governing elections.

II. Legal Framework Governing the Effect of Filing a COC

The filing of a COC has significant legal effects, governed by various provisions of the 1987 Philippine Constitution, the Omnibus Election Code (Batas Pambansa Blg. 881), Republic Act No. 9006 (Fair Election Act), and various rulings of the Supreme Court.

Key Constitutional and statutory provisions include:

Article IX-C of the 1987 Constitution (pertaining to the powers of COMELEC).
Section 66 to 73 of the Omnibus Election Code.
Section 13 of Republic Act No. 9369 (pertaining to automation and election management).
COMELEC Resolutions governing the specific guidelines for each election.

III. Legal Effects of Filing a COC

Automatic Resignation of Elective Officials
Under Section 67 of the Omnibus Election Code (before it was repealed by R.A. 9006), when an incumbent elective official filed a COC for a position different from the one they held, they were deemed automatically resigned. However, Republic Act No. 9006 (the Fair Election Act) repealed Section 67, allowing elective officials to run for other offices without the need to vacate their current position.
- Exception: Elective officials who are running for reelection to the same position are not affected by automatic resignation.
- In Quinto v. COMELEC (G.R. No. 189698, February 22, 2010), the Supreme Court upheld the right of elective officials to seek other offices without being deemed resigned.
Deemed a Candidate at the Start of the Campaign Period
Under Section 15 of R.A. No. 9369, an individual who files a COC is not considered a candidate until the start of the official campaign period. This was clarified in Penera v. COMELEC (G.R. No. 181613, November 25, 2009), where the Supreme Court ruled that premature campaigning cannot be invoked until the campaign period begins. Thus, actions undertaken prior to the campaign period, even by a person who filed a COC, are not considered unlawful campaigning.
- Implication: This provision negates the concept of "premature campaigning" and ensures that the rights of potential candidates are protected before the official campaign period starts.
Disqualification due to False Representation (Material Misrepresentation)
Section 78 of the Omnibus Election Code provides that any candidate who makes material misrepresentations in their COC may be disqualified. Material misrepresentation refers to providing false information on essential matters such as:
- Citizenship.
- Residency.
- Age.
- Any other qualification required by law for the position being sought.
The Supreme Court, in Salcedo II v. COMELEC (G.R. No. 135886, August 16, 1999), emphasized that disqualification based on material misrepresentation requires evidence that the false representation was willful and intentional.
Substitution of Candidates
Under Section 77 of the Omnibus Election Code, if an official candidate of a registered political party dies, withdraws, or is disqualified after the filing of COCs, they may be substituted by another candidate from the same party up to mid-day of the election day. Substitution can only occur if the candidate belongs to the same political party.
- Notable Rule: Substitution due to withdrawal is not allowed for independent candidates, as clarified in COMELEC resolutions and rulings.
Effect on Incumbents Running for Different Positions
Under the Omnibus Election Code, when an incumbent official files a COC for a position other than the one they are currently holding, their status changes. However, the rules on automatic resignation no longer apply due to the repeal of Section 67 by R.A. 9006. Incumbents can now file for candidacy in other offices without vacating their current positions, provided they do not violate other election rules.
Withdrawal of COC
A candidate may voluntarily withdraw their COC by filing a written notice of withdrawal with the COMELEC at any time before election day. Once withdrawn, the COC is considered void, and the candidate is no longer eligible to run unless they re-file within the permitted period, or they are substituted by another candidate from the same political party (as mentioned above).
Effects of Nuisance Candidates
Under Section 69 of the Omnibus Election Code, a person may be declared a nuisance candidate if they filed a COC to:
- Cause confusion among voters by similarity of names.
- Have no bona fide intention to run for office.
- Prevent a legitimate candidate from winning.
The declaration of a nuisance candidate nullifies the COC, preventing the individual from appearing on the ballot.
Effect of Filing Multiple COCs
If a person files multiple COCs for different positions, Section 73 of the Omnibus Election Code stipulates that all COCs filed by the candidate are considered cancelled, except for the last one filed within the allowed period. The Supreme Court, in Teves v. COMELEC (G.R. No. 180363, April 28, 2009), reiterated that a candidate cannot run for more than one position in the same election.

IV. Key Jurisprudence on the Effect of Filing a COC

Penera v. COMELEC (G.R. No. 181613, November 25, 2009): This landmark case settled the issue of premature campaigning. The Supreme Court ruled that a person who files a COC is not considered a candidate until the official campaign period starts. As a result, acts committed before the campaign period do not constitute premature campaigning.
Quinto v. COMELEC (G.R. No. 189698, February 22, 2010): The Court upheld the repeal of Section 67 of the Omnibus Election Code, affirming that elective officials running for other positions are not deemed resigned upon filing a COC.
Salcedo II v. COMELEC (G.R. No. 135886, August 16, 1999): This case highlighted the importance of truthfulness in the COC, ruling that a candidate can be disqualified for willful and material misrepresentation of qualifications.

V. Conclusion

The filing of a Certificate of Candidacy (COC) has numerous legal consequences under Philippine election law. It signifies a formal declaration of intent to run for office, triggering a variety of rules and procedures that govern the candidate's eligibility, status, and conduct. Key effects include the possibility of substitution, potential disqualification for material misrepresentation, protection against premature campaigning, and the prohibition against multiple candidacies. Jurisprudence from the Supreme Court further refines the interpretation of these rules, ensuring that elections remain fair and orderly.