Topic: Political Law and Public International Law

XIV. Election Law

B. Candidacy

2. Filing of Certificates of Candidacy (COC)

a. Effect of Filing

1. Nature and Purpose of Certificate of Candidacy (COC)

A Certificate of Candidacy (COC) is a formal document filed by an individual intending to run for public office. The submission of this document to the Commission on Elections (COMELEC) is a legal requirement under Philippine election law. Its primary purpose is to ensure that the individual is legally qualified and possesses the intent to run for a specific elective position. It is a manifestation of the individual’s willingness to submit to the electoral process and abide by the rules and regulations governing elections.

The filing of a COC serves several important functions:

It signals the official entry of a person into the electoral race.
It enables the COMELEC to regulate and oversee the conduct of elections.
It facilitates transparency, preventing the possibility of election manipulation through sudden withdrawals or substitutions of candidates.

The COC contains vital information such as the name of the candidate, the office sought, and declarations regarding their eligibility, residence, and citizenship. Without the proper filing of a COC, an individual cannot legally be considered a candidate.

2. Effect of Filing a COC

A. Establishment of Candidacy

Upon the filing of a valid COC, the individual legally becomes a candidate for the office indicated. The filing date of the COC marks the official start of the individual’s status as a candidate. However, Section 15 of Republic Act No. 9369 (Automated Election Law) provides that a person only officially becomes a "candidate" at the start of the campaign period. This distinction has significant legal implications, especially in the application of rules related to premature campaigning.

B. Prohibition on Premature Campaigning

Premature campaigning refers to electioneering or political activities conducted by an individual before the official campaign period. Under Section 80 of the Omnibus Election Code (OEC), engaging in such activities would have previously disqualified an individual from running for office. However, under Republic Act No. 9369, premature campaigning has been largely neutralized by jurisprudence. The Supreme Court, in the case of Penera v. COMELEC (GR No. 181613, 2009), ruled that premature campaigning is no longer punishable as long as the campaign activities occur before the campaign period. The reason for this is that even though a COC may have been filed, an individual is not considered a candidate before the campaign period begins.

Thus, the effect of filing a COC does not automatically make a person a candidate for purposes of prohibiting premature campaigning. The prohibition against premature campaigning applies only during the campaign period, not after the COC is filed.

C. Incumbent Public Officials and the Rule on Resignation

Section 66 of the Local Government Code provides that upon filing a COC for an elective position different from the one currently held, an incumbent elected official is considered ipso facto resigned from their current position. This rule is intended to prevent conflict of interest, allowing the official to focus on the upcoming election without utilizing the resources of the position they currently hold.

However, this rule does not apply to appointive officials. Appointive officials, under Section 26 of the Omnibus Election Code, are deemed resigned upon the filing of a COC. This provision is an express prohibition intended to preserve the integrity and impartiality of government operations, ensuring that appointive officials do not use their positions to influence the election process.

D. Substitution of Candidates

Under Section 77 of the Omnibus Election Code, substitution of candidates is allowed in cases of death, withdrawal, or disqualification. The following rules apply:

Substitution by a candidate from the same political party: If the original candidate who filed the COC withdraws, dies, or is disqualified, another member of the same political party may be substituted, provided that the substitute candidate also files a COC within the prescribed period set by the COMELEC. The substitute candidate must possess the qualifications required for the office and comply with the deadlines imposed.
No substitution for independent candidates: An independent candidate who withdraws or is disqualified cannot be substituted, as there is no political party that could designate a substitute.

It is also essential to note that withdrawal of candidacy must be voluntary and filed in writing with the COMELEC before the election. In case of substitution due to withdrawal, it must be filed before the official deadline, which is typically the end of the candidate substitution period as announced by COMELEC.

E. Disqualification and its Effect

A candidate may be disqualified for various reasons, including violations of election laws, such as engaging in vote-buying, committing acts of terrorism, or failing to meet the qualifications required for the office they are running for (e.g., residency, age, citizenship). If a disqualification petition is successful, the candidate’s COC will be canceled, and they will be barred from running.

Additionally, the COMELEC may motu proprio or upon the filing of a verified petition, cancel or deny due course to a COC on the grounds of material misrepresentation. A misrepresentation concerning the candidate’s eligibility, qualifications, or any required information in the COC could result in the denial of the candidacy.

F. Withdrawal of Candidacy

Withdrawal of candidacy must be made formally, through the submission of a written notice of withdrawal with the COMELEC. A candidate who withdraws their candidacy after filing a COC but before the election may be substituted by another candidate of the same political party, as previously mentioned.

It is important to note that once a candidate has withdrawn, they are no longer entitled to the rights and privileges of a candidate, such as being included on the ballot.

G. Effects on Criminal or Administrative Cases

Once a person files a COC, certain legal protections come into play. For instance, under Section 13 of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), an individual running for public office may invoke the prohibition against suspension if they are facing a criminal or administrative case. The Supreme Court has held that a public officer who has filed a COC and is seeking re-election or election to another position cannot be suspended, whether in a criminal case or administrative case, during the election period, unless allowed by the COMELEC. This provision is meant to ensure that the electoral process is not unduly influenced by legal cases meant to harass candidates.

3. Key Jurisprudence

Penera v. COMELEC (2009): This case established the principle that premature campaigning is no longer punishable under the current election law framework. A person becomes a candidate only at the start of the official campaign period, not upon the filing of a COC.
Miranda v. Abaya (2004): The Supreme Court ruled that an incumbent elective official is deemed resigned upon filing a COC for a different position, but not when running for re-election to the same post.
Quinto v. COMELEC (2010): This case clarified the rule on appointive officials being deemed resigned upon filing a COC.

4. Conclusion

The filing of a COC has significant legal consequences under Philippine election law. While it signals the formal entry of an individual into the election process, the law carefully balances this with provisions aimed at preventing premature campaigning, managing disqualification, ensuring proper substitution, and maintaining the integrity of the public office. Jurisprudence has further refined the interpretation of these laws, making it crucial for potential candidates to understand the legal implications of filing a COC.