Topic: Political Law and Public International Law

XIV. Election Law

B. Candidacy

2. Filing of Certificates of Candidacy (COC)

In the Philippines, the filing of Certificates of Candidacy (COC) is a fundamental part of the electoral process. It signifies a formal declaration by a person that they seek to run for public office in an election. The legal framework governing the filing of COCs is primarily provided under the 1987 Constitution, the Omnibus Election Code (Batas Pambansa Blg. 881), relevant Commission on Elections (COMELEC) rules, and jurisprudence.

I. Constitutional and Statutory Provisions

The primary basis for the requirement of filing a Certificate of Candidacy is found in Article IX-C, Section 2 of the 1987 Constitution, which mandates that the COMELEC enforce and administer all laws and regulations relative to the conduct of an election, including those pertaining to candidacy.

A. Omnibus Election Code (B.P. Blg. 881)

The Omnibus Election Code (OEC) provides the detailed procedure for the filing of COCs. Key provisions include:

Section 73: Filing of Certificates of Candidacy
- Any person running for public office must file a sworn Certificate of Candidacy within the period fixed by the COMELEC.
- The COC must state the office sought, personal details of the candidate, political party (if any), and other relevant information required by law.
Section 74: Contents of the Certificate of Candidacy The COC must contain specific information, including:
- Full name, age, civil status, and residence.
- The position for which the candidate is running.
- A statement that the candidate is eligible for the office sought.
- A declaration that the candidate is not a permanent resident or immigrant of a foreign country.
- An undertaking to support and defend the Constitution and to fulfill the duties of the office if elected.
Section 76: Deadline for Filing of COCs
- The filing of COCs is typically required to be completed at least 90 days before the election day, as per the schedule provided by COMELEC.
Section 78: Petition to Deny Due Course or Cancel a Certificate of Candidacy
- Any COC that contains material misrepresentation on an essential fact can be subject to cancellation by filing a petition with the COMELEC. For instance, a COC may be denied due course if a candidate falsely claims eligibility for the office or fails to meet residency requirements.
Section 79: Effects of the Filing of COC
- Once a candidate has filed a valid COC, they are considered to have officially entered the electoral race, which comes with certain legal consequences, including the presumption that they are no longer holding appointive office or other offices incompatible with the candidacy under the law.

II. Eligibility and Qualifications

The filing of a COC must meet the constitutional and statutory qualifications for the office being sought. The Constitution sets the minimum qualifications for various offices, such as:

President and Vice-President: Natural-born citizen, registered voter, able to read and write, at least 40 years old on election day, and a resident of the Philippines for at least 10 years immediately preceding the election.
Senator: Natural-born citizen, at least 35 years old, literate, registered voter, resident of the Philippines for at least two years.
Congressman (House of Representatives): Natural-born citizen, at least 25 years old, literate, and a resident of the district they seek to represent for at least one year.

The candidate must satisfy these requirements at the time of filing their COC.

III. Material Misrepresentation in the COC

As stipulated in Section 78 of the Omnibus Election Code, a petition to cancel or deny due course to a COC can be filed if there is a material misrepresentation regarding the qualifications of the candidate. The Supreme Court has developed jurisprudence clarifying what constitutes material misrepresentation, focusing on facts that affect a candidate’s eligibility (such as age, citizenship, and residency).

Key case law includes:

Jalosjos v. COMELEC (G.R. No. 205033, June 18, 2013), where the Supreme Court ruled that material misrepresentation is deemed to exist when a candidate knowingly states false information regarding eligibility.

IV. Voluntary and Involuntary Substitution of Candidates

Substitution of candidates can occur under certain circumstances, governed by Section 77 of the Omnibus Election Code:

Voluntary Substitution (Withdrawal)
- A candidate may be substituted if they voluntarily withdraw their candidacy, provided the withdrawal happens before the election day. The substitute must file their COC within the period set by COMELEC.
- Only candidates from political parties may be substituted. Independent candidates cannot have substitutes, as ruled in Dumlao v. COMELEC (G.R. No. L-52245, January 22, 1980).
Involuntary Substitution (Death or Disqualification)
- Substitution may also occur in cases of death, disqualification, or incapacitation of the original candidate.
- The substitute must belong to the same political party as the original candidate and must file a COC before mid-day of election day.

V. Nuisance Candidates

Under Section 69 of the Omnibus Election Code, COMELEC has the authority to refuse due course or cancel the COC of a person deemed to be a nuisance candidate. A candidate is considered a nuisance if:

Their candidacy is meant to cause confusion among voters due to the similarity of their name with other candidates.
Their candidacy does not demonstrate a bona fide intention to run for office.
Their intention is merely to put the election process into mockery or disrepute.

The determination of a nuisance candidate is subject to a hearing where evidence may be presented to prove the allegations.

VI. Effect of Filing a COC on Incumbent Officials

Pursuant to Section 66 of the Omnibus Election Code, filing a COC is an implicit resignation for all elective officials running for another office. This provision, referred to as the "rule on automatic resignation", applies only to elective officials who are seeking a different elective post. Appointive officials must resign from their positions upon filing their COC, as provided by COMELEC Resolution No. 8678 (2010).

VII. COMELEC Rules and Regulations

The COMELEC regularly issues resolutions providing the specific deadlines, forms, and procedures governing the filing of COCs for each election cycle. These resolutions adapt to the needs of the particular election (e.g., barangay, local, or national elections).

COMELEC may also provide guidelines on the format and manner of filing COCs, whether in person or online (depending on COMELEC rules applicable for the election year).

VIII. Relevant Jurisprudence

Gonzales v. COMELEC (G.R. No. 27833, April 18, 1969): The Supreme Court held that a candidate must possess the required qualifications at the time of the election, not necessarily at the time of filing the COC.
David v. COMELEC (G.R. No. 221538, December 8, 2015): This case highlights the process of filing disqualification cases for false material representations in the COC. The case revolved around the citizenship qualifications of a candidate for the presidency.

This overview covers the essential legal principles governing the filing of Certificates of Candidacy in the Philippines, including the legal requirements, procedures, and the jurisprudential interpretations that shape how election law is applied.