Petition for Disqualification | Remedies and Jurisdiction | ELECTION LAW

Election Law: Petition for Disqualification in the Philippines

Under Philippine law, a Petition for Disqualification serves as a remedy against candidates who are deemed ineligible to hold public office due to specific grounds enumerated by law. The petition can be filed before, during, or after the elections, but must adhere to particular rules and jurisdictional requirements. This is primarily governed by the Omnibus Election Code (Batas Pambansa Blg. 881), the Constitution, and relevant jurisprudence.

Grounds for Disqualification

The disqualification of candidates is based on several legal grounds, including but not limited to:

1. Ineligibility – This includes situations where the candidate fails to meet the legal qualifications for the position sought, such as:

   • Age requirements
   • Citizenship
   • Residency
   • Literacy

2. Commission of Prohibited Acts – A candidate may be disqualified if they are found guilty of committing election offenses. Key examples include:

   • Vote-buying or vote-selling (Omnibus Election Code, Sec. 261)
   • Coercion of voters (Omnibus Election Code, Sec. 261)
   • Terrorism or violence to sway the electorate
   • Excessive election spending beyond what is allowed by law
   • Using government resources or employees in campaigns (Sec. 68 of the Omnibus Election Code)

3. Conviction of a Crime Involving Moral Turpitude or an Offense with a Penalty of More Than 1 Year – A candidate can be disqualified if they have been convicted of a crime involving moral turpitude or a crime with a penalty of more than one year, provided that the conviction has not been reversed or pardoned.

4. Permanent Disqualification under Existing Laws – Certain laws permanently bar individuals from holding public office. For instance, under Republic Act No. 9225, a natural-born citizen who has reacquired Philippine citizenship but has not renounced foreign citizenship is ineligible to run for public office.

5. Failure to file a Statement of Contributions and Expenditures (SOCE) – Non-compliance with election law requirements such as the filing of a SOCE as mandated by Republic Act No. 7166 and Omnibus Election Code Section 14 may lead to disqualification.

Jurisdiction Over Petitions for Disqualification

Petitions for disqualification fall under the jurisdiction of the Commission on Elections (COMELEC), which has the authority to decide on all cases involving the qualifications of candidates. The jurisdiction is broken down as follows:

1. Division Level (COMELEC) – Petitions for disqualification are initially filed and heard before a division of the COMELEC. The petition must be verified and include substantial evidence to warrant action.

2. En Banc Review (COMELEC) – If a party is dissatisfied with the ruling of the COMELEC Division, they may elevate the case to the COMELEC sitting en banc for final resolution.

3. Supreme Court – A party aggrieved by a COMELEC en banc decision may file a Petition for Certiorari under Rule 64 of the Rules of Court to the Supreme Court on grounds of grave abuse of discretion amounting to lack or excess of jurisdiction.

Timeframes and Deadlines

The Omnibus Election Code and relevant COMELEC rules provide specific timeframes for filing and resolving petitions for disqualification:

• Filing of the Petition – The petition for disqualification must be filed within five days from the last day for filing of certificates of candidacy, or before the proclamation if the ground for disqualification arose after the filing of the certificate.

• Effect of Proclamation – If a candidate has already been proclaimed and assumed office, the remedy of petition for disqualification is generally not available anymore. Instead, an electoral protest or quo warranto petition is the proper remedy.

Process of Filing a Petition for Disqualification

1. Preparation and Filing of the Petition – A disqualification petition must be in writing, verified, and supported by affidavits of witnesses or documents to substantiate the grounds for disqualification. It must be filed with the proper COMELEC office or electronically, as allowed under some election rules.

2. Summary Proceedings – Disqualification cases are treated as summary proceedings, meaning they are intended to be resolved quickly and without the usual formalities of full trials. The COMELEC must resolve the case within an expedited timeframe, especially if the elections are approaching.

3. Burden of Proof – The burden of proving that a candidate should be disqualified lies with the petitioner, who must provide substantial evidence of disqualification grounds.

4. Preliminary Hearing – The COMELEC may call for a preliminary conference to resolve issues and determine whether the petition has merit. If the petition survives this stage, the COMELEC will proceed to resolve the case based on evidence presented.

Effect of Disqualification

1. Before the Election – If a candidate is disqualified before the election and such disqualification becomes final, the name of the disqualified candidate is generally removed from the ballot. If the disqualification is not final, their name remains on the ballot pending a final decision.

2. After the Election – If a candidate is disqualified after being elected but before proclamation, the candidate may not assume the office. However, if disqualified after proclamation, the disqualification may lead to the vacancy of the position, which may be filled in accordance with existing succession laws or through special elections.

3. Votes Cast in Favor of a Disqualified Candidate – If a candidate is disqualified, votes cast in their favor are generally considered "stray votes," meaning they are not counted for any other candidate unless there is a substitution of candidates as allowed under Section 77 of the Omnibus Election Code.

   • Substitution is only allowed if the candidate was disqualified or withdrew their candidacy before the election and was substituted by a party mate, provided that the substitute candidate has complied with the necessary legal requirements (such as filing a certificate of candidacy).

Important Jurisprudence on Disqualification Petitions

Several key rulings from the Supreme Court and the COMELEC help shape the landscape of disqualification petitions in Philippine election law:

1. Ang Bagong Bayani v. COMELEC (G.R. No. 147589, 2001) – The Supreme Court held that party-list nominees must possess the same qualifications required of elective public officials, including moral character and capacity, which may be raised as grounds for disqualification.

2. Fermin v. COMELEC (G.R. No. 179695, 2008) – The Court ruled that a disqualification petition must be resolved expeditiously to prevent uncertainty and instability in public office, emphasizing the urgency of such cases.

3. Jalosjos v. COMELEC (G.R. No. 205033, 2013) – In this case, the Supreme Court upheld the disqualification of a candidate convicted of a crime involving moral turpitude, reinforcing the principle that criminal convictions, particularly those reflecting on a candidate's moral integrity, are legitimate grounds for disqualification.

Conclusion

A Petition for Disqualification is a crucial remedy within the Philippine election law framework, intended to ensure that only qualified and law-abiding individuals may run for and hold public office. The petition is subject to strict procedural requirements, and its resolution impacts the integrity of the electoral process. The COMELEC is the primary adjudicatory body, with the Supreme Court providing the ultimate review in cases of grave abuse of discretion. The grounds for disqualification range from failure to meet the constitutional qualifications to commission of election offenses, and the outcome of a disqualification petition can significantly affect both the candidate and the electorate.