Disqualification of Candidates; Effects | Candidacy | ELECTION LAW

Disqualification of Candidates; Effects (Election Law)

The disqualification of candidates is a crucial aspect of Philippine election law, grounded in both Constitutional and statutory provisions. It ensures that only those who meet the legal qualifications, exhibit proper conduct, and adhere to ethical standards can seek public office. Disqualification can arise due to various factors, such as failing to meet qualifications, violating election laws, or engaging in prohibited acts. This legal concept, however, also intersects with due process rights of candidates and the sovereignty of the electorate’s choice.

A. Constitutional and Statutory Basis

1. 1987 Philippine Constitution
   The Constitution mandates certain qualifications for candidates to public office (age, residency, citizenship, etc.). Additionally, it empowers Congress to legislate laws for the conduct of elections, including grounds for disqualification.

2. Omnibus Election Code (Batas Pambansa Blg. 881)
   The Omnibus Election Code provides explicit grounds for disqualifying candidates, delineating acts and conditions that disqualify a person from being elected.

3. Republic Act No. 6646 (Electoral Reforms Law of 1987)
   RA 6646 further supplements the rules on disqualification by providing specific acts that may lead to a candidate’s disqualification.

4. Republic Act No. 9006 (Fair Elections Act)
   This law provides rules on election propaganda, and violations of its provisions can result in disqualification.

5. COMELEC Rules and Resolutions
   The Commission on Elections (COMELEC) regularly issues resolutions on matters of disqualification, including procedural and substantive guidelines.

B. Grounds for Disqualification of Candidates

1. Lack of Qualifications
   Under the Constitution and election laws, a candidate must possess the following qualifications:

   • Citizenship: Must be a Filipino citizen.
   • Age: Minimum age requirement varies for different positions (e.g., 40 years for the presidency, 25 for the House of Representatives).
   • Residency: Must have resided in the Philippines or in the constituency where they seek election for at least the period prescribed by law.
   • Literacy: Ability to read and write.
   • Other position-specific qualifications: For instance, natural-born citizenship for the presidency or senatorship.

   Failure to meet these qualifications results in automatic disqualification.

2. Ineligibility Due to Conviction of Crimes
   Under Section 12 of the Omnibus Election Code:

   • Conviction by final judgment for crimes involving moral turpitude or offenses punishable by at least one year of imprisonment disqualifies a candidate. However, if the penalty is less than 18 months or for political crimes, this provision does not apply.
   • This disqualification remains unless the candidate has been granted plenary pardon or amnesty.

3. Violation of Election Laws Several provisions in the Omnibus Election Code and related statutes may result in disqualification if violated:

   • Election offenses: Violating prohibitions on premature campaigning, vote buying, or coercion.
   • Exceeding spending limits: Violating the campaign finance regulations, especially spending limits, can disqualify a candidate.
   • Foreign contributions: Accepting campaign funds from foreign entities is prohibited and could result in disqualification.

4. Nuisance Candidates
   A nuisance candidate is one who, based on facts or circumstances, has no bona fide intention to run for office and only aims to cause confusion, mock the election process, or result in disunity. Nuisance candidates may be disqualified upon proper petition or motu proprio action by the COMELEC.

5. Commission of Election Offenses
   Section 68 of the Omnibus Election Code provides specific grounds for disqualification, including:

   • Vote buying and vote selling.
   • Coercion or intimidation of voters.
   • Illegal campaigning or premature campaigning.
   • Terrorism during the election period.
   • Overspending beyond the allowable campaign expenditure limits.

   Conviction for these offenses can lead to disqualification, and their gravity also subjects offenders to criminal penalties.

6. Violation of Anti-Dynasty Law (should one be enacted)
   While the Anti-Dynasty Law has not been passed, any future legislation could add familial relations as a ground for disqualification, particularly targeting entrenched political families.

7. Other Grounds for Disqualification
   Certain offenses under special laws (e.g., anti-graft laws, plunder, election sabotage) also disqualify a candidate.

C. Process of Disqualification

1. Filing of Petition for Disqualification

   • A petition for disqualification may be filed by any interested party or even by the COMELEC motu proprio.
   • The petition must be filed at the proper time, usually within a prescribed period after the candidate has filed their Certificate of Candidacy (COC).
   • The COMELEC has the authority to investigate the case and render a decision. The House of Representatives Electoral Tribunal (HRET) and Senate Electoral Tribunal (SET) have jurisdiction for disputes involving Congress members.

2. Due Process
   A candidate subject to disqualification has the right to a due process hearing, which includes the right to receive a copy of the complaint, file an answer, present evidence, and argue their case.

3. COMELEC’s Decision
   The COMELEC may decide to disqualify the candidate, cancel their COC, or uphold their candidacy based on the facts of the case and applicable law. Its decision can be challenged before the Supreme Court via Rule 64 or Rule 65 of the Rules of Court.

D. Effects of Disqualification

1. Before the Election

   • Cancellation of the Certificate of Candidacy (COC): If a candidate is disqualified before the election and their COC is canceled, their name will be removed from the ballot, or the votes cast for them will be invalidated.
   • Substitution by a Party Member: If the candidate belongs to a political party, substitution by another party member is allowed, provided it occurs within the prescribed period.

2. After the Election

   • Votes Invalidated: If the disqualification is finalized after the election but before proclamation, the votes cast for the disqualified candidate are considered stray. The candidate with the next highest number of votes may then be declared the winner.
   • Proclamation of Disqualified Candidate: If the disqualified candidate wins and is proclaimed, but disqualification is finalized post-proclamation, their proclamation will be set aside, and the candidate with the next highest votes may be declared the winner, or special elections may be held depending on the position contested.
   • Ineligibility to Assume Office: A candidate declared disqualified after the election cannot assume the office, even if they received the highest number of votes.

3. Proclamation Pending Disqualification
   In cases where a disqualification case is pending during proclamation, the disqualified candidate may still be proclaimed if no final judgment has been rendered. However, the proclamation will be subject to the outcome of the disqualification case.

4. Criminal and Administrative Liabilities
   Disqualification due to election offenses may carry additional penalties, including criminal prosecution or administrative sanctions, such as perpetual disqualification from public office.

E. Conclusion

Disqualification of candidates serves as an essential mechanism to maintain the integrity of elections in the Philippines. It ensures that candidates meet the required qualifications, abide by ethical standards, and refrain from unlawful activities. Both the COMELEC and courts play a vital role in safeguarding these rules, balancing the rights of candidates with the need to preserve public trust in the democratic process.