ELECTION LAW

Qualifications and Disqualifications of Candidates

In the Philippine legal system, the laws governing candidacy for public office are critical to ensuring that only qualified individuals are elected and that the electoral process is fair and transparent. These rules stem from the 1987 Philippine Constitution, the Omnibus Election Code (Batas Pambansa Blg. 881), specific legislation for particular offices (such as local government units and Congress), and jurisprudence.

I. Qualifications of Candidates

The qualifications of candidates vary depending on the public office being sought. These are primarily provided for under the Constitution and relevant laws. Below are the general and specific qualifications:

A. General Qualifications:

Citizenship - Candidates must be Filipino citizens. Natural-born citizenship is often a requirement for certain positions, such as President, Vice President, and members of Congress.
Age - Candidates must meet the age requirement for the specific office:
- President/Vice President: At least 40 years old on the day of the election (Article VII, Section 2 of the Constitution).
- Senator: At least 35 years old on the day of the election (Article VI, Section 3).
- Member of the House of Representatives: At least 25 years old on the day of the election (Article VI, Section 6).
- Governor: At least 23 years old on the day of the election (Local Government Code, Section 39).
- Mayor: At least 21 years old on the day of the election (Local Government Code, Section 39).
Residency - Candidates must satisfy the residency requirement for the office they seek:
- President/Vice President: A resident of the Philippines for at least ten (10) years immediately preceding the election.
- Senator: A resident of the Philippines for at least two (2) years immediately preceding the day of the election.
- Member of the House of Representatives: A resident of the district for at least one (1) year immediately preceding the day of the election.
- Local Officials: Must be a resident of the locality where they are running for at least one (1) year immediately preceding the election.
Literacy - Candidates must be able to read and write in Filipino or any other local language or dialect (Constitution, Article VI and Article VII).

B. Additional Qualifications for Specific Offices:

President and Vice President:
- Natural-born citizen of the Philippines (Constitution, Article VII, Section 2).
- Must be a registered voter.
- Must not have been elected to the office of the President for more than one term.
Members of Congress:
- Senators: Must be a natural-born citizen and a registered voter.
- Members of the House of Representatives: Must be a natural-born citizen, and for district representatives, they must be a registered voter in the district where they seek election.
Local Government Officials (Governor, Vice Governor, Mayor, Vice Mayor, Barangay Officials, etc.):
- Must be a registered voter in the locality where they seek election.
- Must meet the minimum age, residency, and literacy requirements as set out in the Local Government Code.

II. Disqualifications of Candidates

Disqualifications are circumstances that render a candidate ineligible to run for public office, despite meeting the basic qualifications. These disqualifications are also found in the Constitution, Omnibus Election Code, and related laws.

A. Constitutional Disqualifications:

President - The President cannot be re-elected after serving a single six-year term (Article VII, Section 4 of the Constitution).
Members of Congress - No member of Congress can hold any other office or employment in the government, or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations (Article VI, Section 13).

B. Disqualifications Under the Omnibus Election Code (Batas Pambansa Blg. 881):

Mental Incapacity or Insanity - Any person declared insane or incompetent by final judgment of a competent court is disqualified from running for public office (Omnibus Election Code, Section 12).
Conviction of a Crime - A person convicted by final judgment of the following crimes is disqualified from running for office (Section 12, Omnibus Election Code):
- Crimes involving moral turpitude.
- An offense punishable by one year or more imprisonment.
- Crimes involving disloyalty to the government, such as rebellion or sedition. However, these disqualifications are removed after the expiration of five years from the completion of the sentence.
Permanent Residents or Immigrants - Individuals who are permanent residents of, or immigrants to a foreign country are disqualified, unless they have expressly renounced their foreign permanent residency or immigration status and pledged allegiance to the Philippines before running for office (Section 68 of the Omnibus Election Code).
Violation of Election Laws - Any candidate found guilty of:
- Election offenses, including vote-buying, vote-selling, or terrorism.
- Use of fraudulent documents.
- Other election-related violations as enumerated in the Omnibus Election Code (Section 68).

C. Disqualification under the Local Government Code (R.A. 7160):

Term Limit Violations - Local officials are limited to three (3) consecutive terms in the same position. A person who has served three consecutive terms in office cannot run for the same position in the immediately succeeding election (Section 43 of the Local Government Code). However, if a break in service occurs, the candidate may be eligible to run again.
Removal from Office - Any official removed from office as a result of an administrative case is disqualified from running for the same position during the term of office from which they were removed (Section 40 of the Local Government Code).

D. Jurisprudential Disqualifications:

Over time, Philippine courts have expanded the interpretation of certain disqualifications through jurisprudence. Some key rulings include:

Moral Turpitude - The Supreme Court has held that crimes involving moral turpitude include offenses such as estafa, forgery, bribery, and perjury. In contrast, offenses like reckless imprudence or simple negligence may not be considered as such.
Dual Citizenship - Candidates with dual citizenship have been disqualified from running for office unless they renounce their foreign citizenship in accordance with Philippine laws (e.g., Mercado v. Manzano, G.R. No. 135083, May 26, 1999).

III. Filing of Certificates of Candidacy (COC) and Disqualification Process

Certificate of Candidacy (COC) - All candidates must file a Certificate of Candidacy (COC) within the period set by the Commission on Elections (COMELEC). A candidate who fails to file a COC is not qualified to run for any public office.
Petitions for Disqualification - A candidate may be disqualified from running through a petition for disqualification filed with the COMELEC. Grounds for disqualification may include failure to meet the qualifications or any of the grounds stated above. The petition must be filed within a specific period before the election.
Substitution of Candidates - If a candidate is disqualified, substituted candidates may be allowed under certain circumstances. Substitution must be done within the period set by COMELEC and can only be made by a party member (Section 77, Omnibus Election Code).

IV. Conclusion

The qualifications and disqualifications of candidates in the Philippines are designed to ensure that only competent, eligible individuals are able to run for public office. These rules help preserve the integrity of the electoral system, preventing unqualified or disreputable individuals from holding positions of power.

The Constitution, Omnibus Election Code, and Local Government Code, along with jurisprudence from the Supreme Court, provide a clear framework for determining who may run for office, the circumstances under which they may be disqualified, and the processes involved in determining a candidate’s eligibility.