POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

XIV. ELECTION LAW
B. Candidacy
2. Filing of Certificates of Candidacy
d. Duties of the Commission on Elections (COMELEC)

The Commission on Elections (COMELEC) is the constitutional body responsible for enforcing and administering election laws in the Philippines. In relation to the filing of Certificates of Candidacy (COC), the COMELEC has specific duties and powers defined by the Constitution, statutory laws, jurisprudence, and its own rules and regulations.

Below is a detailed enumeration of the COMELEC’s duties related to the filing of Certificates of Candidacy:

1. Rule-Making Power

COMELEC is tasked with promulgating rules and regulations governing the filing of Certificates of Candidacy. This rule-making power includes:

Setting guidelines for the form and content of the COC. The COC must be in a form prescribed by COMELEC and contain certain mandatory information, including the candidate's name, address, age, citizenship, and the office sought.
Specifying the period for filing COCs. Under the law, the COMELEC determines the specific dates within which aspirants for public office must file their COCs. Late filings are generally not allowed except for valid reasons recognized by COMELEC.

Legal Basis:

Article IX-C, Section 3 of the 1987 Constitution
Republic Act No. 9369 (Amended Automated Election Law)
Omnibus Election Code (Batas Pambansa Blg. 881)

2. Receiving and Processing of Certificates of Candidacy

The COMELEC has the duty to receive, process, and evaluate the validity of Certificates of Candidacy. Specific duties include:

Acceptance of COCs: COMELEC is responsible for officially receiving the COCs from aspiring candidates during the prescribed period.
Verification and validation: After the submission, the COMELEC must scrutinize the contents of the COC to ensure the candidate complies with the qualifications required by law (e.g., age, residency, citizenship). This includes checking whether the COC has been properly executed, notarized, and contains the required attachments (e.g., documentary proof of qualification).

Legal Basis:

Article IX-C, Section 2(1) of the 1987 Constitution
Section 73, Omnibus Election Code

3. Examination of Qualifications and Grounds for Disqualification

COMELEC has the authority to examine whether a candidate is qualified to run for office and to determine the existence of any grounds for disqualification. Duties include:

Preliminary investigation and motu proprio powers: COMELEC can motu proprio (on its own initiative) investigate and resolve petitions to cancel a COC or disqualify a candidate. Grounds for cancellation include:
- Material misrepresentation in the COC, such as false claims about citizenship, age, or residency (Section 78, Omnibus Election Code).
- Non-filing of mandatory Statement of Contributions and Expenditures (SOCE) from previous elections.
Disqualification cases: COMELEC is empowered to disqualify candidates based on statutory grounds, including:
- Conviction of certain crimes involving moral turpitude, or an offense punishable by over 18 months of imprisonment.
- Violation of election-related offenses such as vote-buying, campaign overspending, or election-related violence (Section 12, Omnibus Election Code).

Legal Basis:

Section 78, Omnibus Election Code
Section 12, Omnibus Election Code

4. Publication and Posting of Certified List of Candidates

Once the COCs have been processed and the candidates’ qualifications verified, COMELEC is required to prepare and publish a Certified List of Candidates. This includes:

Certification and publication: COMELEC must prepare the final list of qualified candidates, which must be posted in conspicuous places and published in major newspapers of general circulation and the COMELEC website.
Exclusion of nuisance candidates: COMELEC has the authority to declare certain aspirants as nuisance candidates if they:
- File their COCs to put the election process into mockery or disrepute.
- Have no bona fide intention to run for office, demonstrated by lack of capability to campaign for the position sought (Section 69, Omnibus Election Code).

Legal Basis:

Article IX-C, Section 3, 1987 Constitution
Section 69, Omnibus Election Code

5. Hearing and Deciding Petitions Related to COCs

COMELEC has the adjudicatory function to hear and decide cases related to the filing of COCs. This includes:

Resolution of cancellation or disqualification cases: COMELEC is vested with the authority to decide on cases involving cancellation of COCs due to material misrepresentation or disqualification cases initiated either motu proprio or through petitions by opposing parties.
Conduct of hearings: The COMELEC, through its divisions and en banc, conducts summary hearings and issues decisions on these matters. Parties have the right to file appeals before the Supreme Court under Rule 64 of the Rules of Court, which governs appeals from decisions of constitutional commissions.

Legal Basis:

Section 78, Omnibus Election Code
Rules of Procedure of the COMELEC
Section 2(2), Article IX-C, 1987 Constitution

6. Ensuring Publicity and Access to Information

COMELEC must ensure that the filing of COCs is done in a transparent manner. Duties in this context include:

Public access to COC records: COMELEC must ensure that the information on candidates’ qualifications and declarations in their COCs is accessible to the public. This transparency is key to ensuring an informed electorate.
Filing in the appropriate offices: COMELEC must ensure that candidates file their COCs in the correct regional, provincial, or city offices, depending on the office sought. For national candidates (i.e., president, vice president, senators), the COC must be filed directly with COMELEC’s main office.

Legal Basis:

Section 76, Omnibus Election Code
Article IX-C, 1987 Constitution

7. Withdrawal and Substitution of Candidates

COMELEC oversees the processes related to the withdrawal of candidacies and substitution by political parties. Key duties include:

Acceptance of withdrawal of candidacy: Candidates are allowed to withdraw their candidacies by filing a written withdrawal with the COMELEC, which it must receive and act upon within the prescribed periods.
Substitution of candidates: COMELEC regulates the substitution of candidates, allowing it only under certain conditions, such as:
- Withdrawal of the original candidate by the political party on or before the deadline for substitution.
- Death or permanent incapacity of the original candidate after the deadline.
- Substitutes must belong to the same political party and meet all qualifications.

Legal Basis:

Section 77, Omnibus Election Code

8. Coordination with Other Agencies

COMELEC is responsible for coordinating with other government agencies in relation to the filing and processing of COCs. For example:

Coordination with the Bureau of Immigration (BI) and Department of Foreign Affairs (DFA): To verify the citizenship of candidates, particularly when issues of dual or foreign citizenship arise.
Coordination with the courts and law enforcement agencies: For records of candidates who may have pending disqualification cases or criminal convictions.

Conclusion

The COMELEC’s duties regarding the filing of Certificates of Candidacy are critical to ensuring orderly, fair, and legal elections in the Philippines. Its responsibilities span from rule-making to adjudication, requiring close adherence to the Constitution, the Omnibus Election Code, and various election laws.