ELECTION LAW: CANDIDACY – ELIGIBILITY AND MATERIAL MISREPRESENTATION

1. Eligibility for Public Office

Under Philippine law, eligibility for public office is governed by the Constitution, relevant statutes, and specific rules applicable to the positions sought by candidates. The eligibility of a candidate refers to their legal qualifications to hold a particular office.

Key Legal Provisions:

Constitutional Requirements:
The 1987 Philippine Constitution sets forth general qualifications for specific public offices, such as the President, Vice President, Senators, and Members of the House of Representatives.
- President and Vice President (Article VII, Sec. 2):
  - Natural-born Filipino citizen;
  - Registered voter;
  - Able to read and write;
  - At least 40 years old on the day of the election;
  - Resident of the Philippines for at least 10 years immediately preceding the election.
- Senators (Article VI, Sec. 3):
  - Natural-born Filipino citizen;
  - At least 35 years old 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.
- Members of the House of Representatives (Article VI, Sec. 6):
  - Natural-born Filipino citizen;
  - At least 25 years old on the day of the election;
  - Able to read and write;
  - Registered voter;
  - Resident of the district in which they are running for at least 1 year immediately preceding the election.
Other Positions:
For local government positions (e.g., Mayor, Governor, Councilor), the Local Government Code (R.A. 7160) outlines eligibility requirements, which generally include:
- Citizenship: Must be a Filipino citizen;
- Age: Specific age requirements vary depending on the position (e.g., 23 years old for a municipal councilor, 21 years old for barangay captain, etc.);
- Residency: A candidate must have resided in the locality for at least 1 year before the election;
- Voter registration: Must be a registered voter in the locality.
Other Eligibility Criteria:
- Candidates must also comply with statutory disqualifications, such as being convicted of a crime involving moral turpitude, being a permanent resident of a foreign country, or having a court decision barring them from running.

2. Material Misrepresentation under Philippine Election Law

Material misrepresentation in election law involves a candidate making false statements in their Certificate of Candidacy (COC). The Omnibus Election Code (Batas Pambansa Blg. 881) and Section 78 of the Omnibus Election Code specifically address this issue, allowing for the cancellation of a COC based on false representations.

Key Legal Provisions:

Section 74, Omnibus Election Code:
A COC must state the candidate's:
- Full name;
- Age;
- Date and place of birth;
- Citizenship;
- Civil status;
- Occupation;
- Residence;
- Political party affiliation (if any);
- A statement that they are eligible for the office and that the facts stated in the COC are true.
Section 78, Omnibus Election Code:
This section provides the remedy for filing a petition to deny due course or cancel a COC if any material representation contained in the COC is false. A petition may be filed by any voter, political party, or candidate before the Commission on Elections (COMELEC).
To succeed, the following must be proven:
1. Material Misrepresentation:
  The misrepresentation must involve a material fact regarding eligibility or qualifications required for the office, such as age, citizenship, or residency.
2. Intent to Deceive:
  The misrepresentation must be made with intent to deceive or mislead the electorate or COMELEC.
3. Materiality:
  The misrepresentation must relate to a qualification required for the office. If the false statement concerns a non-essential fact (e.g., minor clerical errors), it will not constitute material misrepresentation.

Notable Case Law:

Fermin v. COMELEC (G.R. No. 179695, December 18, 2008):
The Supreme Court ruled that the material misrepresentation must refer to qualifications required for the elective office. If the misrepresentation involves a non-essential fact, the COC cannot be canceled.
Romualdez-Marcos v. COMELEC (G.R. No. 119976, September 18, 1995):
The Supreme Court explained that misrepresentation must involve a qualification directly affecting the candidate's eligibility for the office (e.g., citizenship, residency, or age). False declarations regarding these matters may lead to the cancellation of the COC.

3. Grounds for Disqualification and Cancellation of Candidacy

Disqualification Grounds under Section 68 of the Omnibus Election Code:
A candidate may be disqualified if found guilty of:
- Election offenses (e.g., vote-buying, coercion, violence, and intimidation);
- Being a permanent resident of or becoming a citizen of another country;
- Serving a sentence for a crime involving moral turpitude or an offense with a penalty of more than 18 months.
Grounds for Cancellation of COC under Section 78:
The cancellation of a COC can only be done if there is a material misrepresentation regarding a qualification to run for the office. Mere non-compliance with other aspects of the COC or non-material errors are not sufficient to warrant cancellation.

4. Effect of Disqualification or Cancellation of COC

Disqualification:
If a candidate is disqualified after the election but before proclamation, their votes will not be counted.
Cancellation of COC:
If a COC is canceled, the person is deemed never to have been a candidate, and their votes are considered stray votes. This distinction is critical in understanding the difference between disqualification and cancellation:
- Disqualification is prospective: the person was a candidate, but their eligibility was removed due to disqualification;
- Cancellation is retroactive: the person is treated as though they never filed a valid COC in the first place.

5. COMELEC’s Jurisdiction and Procedure

The COMELEC exercises jurisdiction over petitions for disqualification and cancellation of COC. Petitions for cancellation of COC based on material misrepresentation must be filed within 25 days from the filing of the COC or before the proclamation if the misrepresentation is discovered later.
COMELEC’s Decision:
Decisions of the COMELEC can be appealed to the Supreme Court via a Petition for Certiorari under Rule 64 of the Rules of Court.

6. Penalties for Material Misrepresentation

A candidate found guilty of material misrepresentation may face the following penalties:
- Cancellation of the COC;
- Disqualification from running for office;
- Criminal prosecution for perjury under the Revised Penal Code, if applicable.

7. Remedies

Petition for Certiorari:
Parties aggrieved by a COMELEC decision can file a Petition for Certiorari before the Supreme Court to question grave abuse of discretion in rendering a decision. The petition must be filed within 30 days from receipt of the decision.
Election Contest:
If the disqualification or cancellation is not resolved before the election and the candidate is proclaimed, the proper remedy is an election contest before the appropriate Electoral Tribunal.

Conclusion

In Philippine Election Law, eligibility and material misrepresentation play pivotal roles in determining whether a candidate can validly run for and hold public office. Candidates must strictly comply with constitutional and statutory qualifications, and any false statements in their COCs regarding material facts may lead to the cancellation of their candidacies. The process for addressing these issues is handled by the COMELEC, with its decisions subject to judicial review by the Supreme Court.