CHAPTER 3- LAW ON ELECTIONS

A. ELIGIBILITY OF CANDIDATES

3. QUALIFICATION FOR LOCAL OFFICIALS

1. QUALIFICATIONS FOR PRESIDENT AND VICE PRESIDENT

Sections 2 & 3, ARTICLE VII 1987 CONSTITUTION stipulates:

RA # 7160: Local Government Code of 1991, TITLE II, ELECTIVE OFFICIALS,

Section 2. No person may be elected President unless he is a natural-born citizen of the

CHAPTER I, Qualifications and Election

Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election,
and a resident of the Philippines for at least ten years immediately preceding such election.
Section 3. There shall be a Vice-President who shall have the same qualifications and term of
office and be elected with, and in the same manner, as the President. He may be removed from office in
the same manner as the President.
The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires
no confirmation.

Section 39.Qualifications. (a) An elective local official must be a citizen of the Philippines; a registered voter in the
barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan,

2. QUALIFICATIONS FOR MEMBERS OF CONGRESS

BP 881, Omnibus Election Code Section 64: Qualifications for Members of the Batasang
Pambansa. No Person Shall be elected Member of the Batasang Pambansa (Congress) as a provincial,
city, or district representative unless he is a natural born citizen of the Philippines and, on the day of the
election, is at least twenty five years of age, able to read and write, a registered voter in the constituency in
which he shall be elected, and a resident thereof for a period of not less than six months immediately
preceding the day of the election.
A second representative shall be a natural born citizen of the Philippines, able to read and
write, a resident of the Philippines for a period of not less than one year immediately preceding the day of
the election , a bona fide member of the sector he seeks to represent, and in the case of representative of
the agricultural or industrial labor sector, shall be registered voter, and on the day of the election is at least
25 years of age. The youth sectoral representative should at least be eighteen and not be more than 25
years of age on the day of the election: Provided, however, That any youth sectoral representative who
attains the age of 25 years during his term shall be entitle to continue in offive until the expiration of his
term.
1987 Constitution Article VI, Section 6: No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is
at least twenty five years of age, able to read and write, and, except the party-list representatives, a

sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident
therein for at least one (1) year immediately preceding the day of the election; and able to read and write
Filipino or any other local language or dialect.
(b) Candidates for the position of governor, vice-governor, or member of the sangguniang
panlalawigan, or mayor, vice-mayor or member of the sangguniang panlungsod of highly urbanized cities
must be at least twenty-one (21) years of age on election day.
(c) Candidates for the position of mayor or vice-mayor of independent component cities,
component cities, or municipalities must be at least twenty-one (21) years of age on election day.
(d) Candidates for the position of member of the sangguniang panlungsod or sangguniang
bayan must be at least eighteen (18) years of age on Election Day.
(e) Candidates for the position of punong barangay or member of the sangguniang barangay
must be at least eighteen (18) years of age on Election Day.
(f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not
more than twenty-one (21) years of age on Election Day.

registered voter in the district in which he shall be elected, and a resident thereof for aperiod of not less
than one year immediately preceding the day of the election.

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Section 40. Disqualifications. The following persons are disqualified from running for any elective local
position:

5. CITIZENSHIP QUALIFICATION

(a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense

punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence;

Bengzon III vs. HRET, 357 SCRA 545 (2001): A citizen is either by birth, known as natural
born citizen, or by naturalization or one who acquires his citizenship by undergoing the process
of naturalization. The President and Members of the Congress are required to be natural-

(b) Those removed from office as a result of an administrative case;

born citizens. Natural Born Citizens are those citizens of the Philippines from birth
without having to perform any acts to acquire or perfect their Philippine Citizenship.

(c) Those convicted by final judgment for violating the oath of allegiance to the Republic;

(d) Those with dual citizenship;

Frivaldo vs. COMELEC, 257 SCRA 727 (1996): On the other hand, an Elective Local
Officials must be a citizen of the Philippines, who may either be a natural born citizen or a
naturalized citizen.

(e) Fugitives from justice in criminal or non-political cases here or abroad;

The citizenship requirement in the Local Government Code is to be

possessed by an elective official at the latest as of the time he is proclaimed and at the start
of the term of office to which he has been elected.

(f) Permanent residents in a foreign country or those who have acquired the right to reside abroad
and continue to avail of the same right after the effectivity of this Code; and

Section 1 & 2, Article V, 1987 Constitution provides:

CITIZENSHIP,

(g) The insane or feeble-minded.

Section 1. The following are citizens of the Philippines:

[1] Those who are citizens of the Philippines at the time of the adoption of thisConstitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippinecitizenship
upon reaching the age of majority; and
[4] Those who are naturalized in accordance with law.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth

4. AGE REQUIREMENT

without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect
The Constitution and the law have prescribed the age requirements for elective officials, to wit:
1.
2.
3.
4.

At least 40 years of age on the day of the election for President and Vice President
At least 35 years of age on the day of the election for Senators
At least 25 years of age on the day of the election for Congressman
At least 23 years of age on the day of election for candidates for Governor, V-Governor,

Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born
citizens.

Co vs. HRET, 199 SCRA 692 (1991):Included as natural-born citizens are those born before

Sangguniang Panlalawigan Members, Mayor, V-Mayor or Sangguniang Panlungsod

January 17, 1973, of Filipino Mothers, who elect Philippine citizenship upon reaching the age

Members of HUC
At least 21 years of age on the day of the election for Mayor, V-Mayor of Independent

of majority. A Filipino Citizen who lost his natural-born Filipino citizenship by naturalization

5.
6.

Component Cities, Componenet Cities, or Municipalities

At least 18 years of age on the day of election Sangguniang Panlungsod or Sangguniang

ofCongress.

Bayan Members, and for Punong Barangay or Sangguniang Barangay Member

7.
At least 15 years of age on the day of the election for Sangguniang Kabataan
Garida vs. Sales, Jr., 271 SCRA 767 (1997): The age requirement is Mandatory. The fact that

abroad may reaquire his Filipino citizenship by naturalization, repatriation, or by direct act

6. DUAL ALLEGIANCE AS GROUND FOR DISQUALIFICATION

the candidate was lected will not render the age requirement directory, nor will it validate his
election. In other words, his election will not cure the vice of ineligibility.

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Section 40 of RA # 7160: Local Government Code of 1991, declares as disqualified from

running for any elective local position those with dual citizenship. The phrase dual citizenship

(2) Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their
fathers country such children are citizens of that country;

must be understood as referring to dual allegiance.

(3) Those who marry aliens if by the laws of the latters country the former are considered
citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship.

Mercado vs. Manzano, 307 scra 630 (1999): Clearly, in including 5 in Article IV on citizenship, the
concern of the Constitutional Commission was not with dual citizens per se but with naturalized citizens

RA # 9225: Citizenship Retention and Re-Acquisition Act of 2003.

who maintain their allegiance to their countries of origin even after their naturalization. Hence, the phrase
dual citizenship in R.A. No. 7160, 40(d) and in R.A. No. 7854, 20 must be understood as referring to
dual allegiance.

It reads part:

Consequently, persons with mere dual citizenship do not fall under this

Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary

disqualification. Unlike those with dual allegiance, who must, therefore, be subject to strict process with

notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country

respect to the termination of their status, for candidates with dual citizenship, it should suffice if, upon the

are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance

filing of their certificates of candidacy, they elect Philippine citizenship to terminate their status as persons

to the Republic:

with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws

"I _____________________, solemny swear (or affrim) that I will support and defend the
Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated
by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and
accept the supreme authority of the Philippines and will maintain true faith and allegiance
thereto; and that I imposed this obligation upon myself voluntarily without mental reservation
or purpose of evasion."

of different states. Dual citizenship is different from dual allegiance. The former arises when, as a result
of the concurrent application of the different laws of two or more states, a person is simultaneously
considered a national by the said states. For instance, such a situation may arise when a person whose
parents are citizens of a state which adheres to the principle of jus sanguinis is born in a state which
follows the doctrine of jus soli. Such a person, ipso facto and without any voluntary act on his part, is
concurrently considered a citizen of both states. Dual Allegiance, on the other hand, refers to the situation

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of
a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.

in which a person simultaneously owes, by some positive act, loyalty to two or more states. While Dual
Citizenship is involuntary, dual allegiance is the result of a n individuals volition.
7. DUAL CITIZENSHIP

Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire
Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all
attendant liabilities and responsibilities under existing laws of the Philippines and the following
conditions:

Mercado vs. Manzano, 307 scra 630 (1999)

(1) Those intending to exercise their right of surffrage must Meet the requirements under

means the status of a person who is a citizen of two or more countries at the same time. It arises

Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas

when, as a resultof the concurrent application of the different laws of 2 or more states, a person is

Absentee Voting Act of 2003" and other existing laws;

simultaneously considered a national by the said states.

(2) Those seeking elective public in the Philippines shall meet the qualification for holding

Such a situation may arise when a person whose parents are citizens of a state which adheres to

such public office as required by the Constitution and existing laws and, at the time of the filing of the

the principle of jus sanguines is born in a state which follows the doctrine of jus soli. Such a

certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before

person, ipso facto and without any voluntary act on his part, is concurrently considered a

any public officer authorized to administer an oath;

citizen of both states.

(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to
the Republic of the Philippines and its duly constituted authorities prior to their assumption of office:

Moreover, considering the citizenship clause (Art. IV) of our Constitution, it is possible for the
following classes of citizens of the Philippines to possess dual citizenship:
(1) Those born of Filipino fathers and/or mothers in foreign countries which follow the
principle of jus soli;

Provided, That they renounce their oath of allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply with the proper
authority for a license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the Philippines cannot
be exercised by, or extended to, those who:

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(a) are candidates for or are occupying any public office in the country of which

a foreign country until local conditions have become favourable does not connote

they are naturalized citizens; and/or

abandonment of residence or domicile.

(b) are in active service as commissioned or non-commissioned officers in the

armed forces of the country which they are naturalized citizens.

10. THREE TERM DISQUALIFICATION

8. RESIDENCE REQUIREMENT

Domino vs. COMELEC, 310 SCRA 546 (1999): The word Residence, for the purpose of meeting
the qualification for an elective position means, DOMICILE or the Individuals Permanent
Home, a place to which, whenever absent for business or for pleasure, one intends to return, and
depends on facts and circumstances in the sense that they disclose intent.

Article X, Section 8 1987 Constitution provides:

Section 8. The term of office of elective local officials, except barangay officials, which shall be
determined by law, shall be three years and no such official shall serve for more than three consecutive
terms. Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
Section 43, RA 7160 Local Government Code of 1991:

It includes the twin

Section 43.Term of Office. -

elements of the fact of residing or physical presence in a fixed place and animus manendi,or the
intention of returning there permanently.

Torayno Sr vs. COMELEC, 337 SCRA 574 (2000):

The Residence Requirement is aimed at

preventing a stranger or newcomer unacquainted with the conditions and needs of a community and
not identified with the latter from seeking an elective post to serve the community and at excluding
outsiders from taking advantage of favourable circumstances existing in that community for electoral
gain.

Co vs. HRET, 199 SCRA 692 (1991): Owning a house is not required to established residence and

(a) The term of office of all local elective officials elected after the effectivity of this Code shall
be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except
that of elective barangay officials: Provided, That all local officials first elected during the local elections
immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992.
(b) No local elective official shall serve for more than three (3) consecutive terms in the same
position. Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of service for the full term for which the elective official concerned was
elected.
(c) The term of office of barangay officials and members of the sangguniangkabataan shall be
for three (3) years, which shall begin after the regular election of barangay officials on the second
Monday of May 1994.

Sandoval vs. COMELEC, 175 SCAD 566 (2002): It has been held that the word Election
in Section 8, Article X of the Constitution, refers to regular and not to special or recall
elections. Accordingly, a 3- termer elective local official is qualified to run for the same
position in a special election, such as in a recall election or one called to fill in a vacancy. His
election is no longer an immediate re-election and the intervening period constitutes an
involuntary interruption in the continuity of his the service.

Bataan Governor Case, Dec. 17, 2002: MOR denied Jan. 21, 2003: For the same reason,
where a local elective official won the 2 consecutive terms and won the 3 rd term in a recall
election, he is qualified to run for the 4 th time because the Constitution contemplates a fullterm and his having won in the recall election does not involve a continuing service in full
term. A municipal mayor who had served 3 terms is qualified to run for the 4 th time in a recall
election, there being an INTERRUPTION between his 3rd term and the date of the recall
election.

domicile. It is enough that he should have lived in the municipality or district or in the rented house or
in fact that of a friend or a relative for the required period. For nowhere it is required by law or the
constitution that a candidate should own a property in order to be qualified to run.

Aquino vs. COMELEC, 248 SCRA 400 (1995):

All that is required is his intention to make it his

domicile for all political purposes as shown his contemporaneous words and acts.
9. CHANGE OF RESIDENCE
In order to acquire new domicile by choice, there must concur:
1.
2.
3.

Residence or bodily presence in the new locality

An intention to remain there
An intention to abandon the old domicile

11.

LOCAL OFFICIALS ADMINISTRATIVELY GUILTY ARE DISQUALIFIED

Romuladez vs. RTC of Tacloban, 226 SCRA 408 (1993):The purpose to remain in or at the

RA # 7160 Local Government Code of 1991, Title II,

domicile of choice must be for indefinite period of time, the change of residence is voluntary,

Elective Officials Qualifications and Election, Section 40:

and the residence at the place chosen for the new domicile must be actual. Going into exile in

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Section 40. Disqualifications. - The following persons are disqualified from running for any
elective local position:

B.

(a) Those sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence;
(b) Those removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violating the oath of allegiance to the Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-political cases here or abroad;
(f) Permanent residents in a foreign country or those who have acquired the right to reside
abroad and continue to avail of the same right after the effectivity of this Code; and
(g) The insane or feeble-minded.

CERTIFICATE OF CANDIDACY
1.

CERTIFICATE REQUIRED

RULES ON FILING OF CERTIFICATES OF CANDIDACY [COC]

(Section 73 BP # 881 Omnibus Election Code)
1. No person shall be elected into public office unless he files his certificate of candidacy
within the prescribed period.

FINAL JUDGMENT PRIOR TO THE ELECTION:

2. No person shall be eligible for more than one office. If he/she files for more than one
position, he shall not be eligible for any of them unless he cancels all and retains one before the expiration

Reyes vs. COMELEC, 254 SCRA 514 (1996): A municipal mayor who has dismissed after he

of the period for the filing of certificates of candidacy.

was found administratively guilty in a decision that become FINAL PRIOR TO THE
ELECTIONis not qualified to run for re-election, and his re-election does not remove his
ineligibility nor render the administrative charges against him moot and academic. It would
have been a different situation, where at the time of his election or reelection, the

3. The certificate of candidacy shall be filed by the candidate personally or by his duly
authorized representative.
4. Upon filing, an individual becomes a candidate. Thus, he is already covered by rules, restrictions
and processes involving candidates.

administrative case is still pending, in which case the election or reelection will operate as a
CONDONATION of the officials previous misconduct to the extent of cutting off the right to

remove him therefor.

Sinaca vs. Mula, 315 SCRA 266 (1999): ACERTIFICATE OF CANDIDACY is in nature of
a FORMAL MANIFESTATION TO THE WHOLE WORLD of the candidates political
creed or lack of political creed. It is a statement of a person seeking to run for a public office

12.

A FUGITIVE FROM JUSTICE IS DISQUALIFIED

certifying that he announces his candidacy for the office mentioned and that he is eligible for
the office, the name of the political party to which he belongs, if he belongs to any, and his

Distinction between Fugitive from Justice and Flight:

post office address for all the election puposes being as well-stated.

Fugitive From Justice is one who flees after conviction to avoid punishment, as well as one
who, after being charged, flees to avoid conviction.

Flight is the evasion of the course of justice by voluntarily withdrawing oneself in order to

who runs for elective office but did not file a COC at all is not a candidate. And a certificate of

avoid arrest, detention or the institution or continuance of criminal proceedings. It is considered as

candidacy filed out of time or beyond the period fixed by law is void, and the person who filed

an indication of guilt.

Rodriguez vs. COMELEC, 259 SCRA 296 (1996): Section 40 RA 7160 xxx includes not only

Gabor vs. COMELEC, 95 SCRA 431: This provision of law is mandatory. Hence, a person

it is not, in law, a candidate.

Alilay vs. COMELEC, 2 SCRA 857: It has also been held that FORMAL DEFECTS IN

those who flee after conviction to avoid punishment but likewise those who, AFTER BEING

COC may NOT render the certificate INVALID and may be CURED by amending the

CHARGED in the Philippines or abroad, flee to avoid prosecution. INTENT TO EVADEon

COC. The amendment of the certificate, although at a date after the deadline but before the

the part of a candidate must be established by proof that there has already been a conviction or

election, is a SUBSTANTIAL COMPLIANCE with the law, and the defects cured. xxx has

at least, a charge has already been file, at the time of flight. He is not a fugitive from justice

been due to honest mistake or misinterpretation of the law on the part of him who is

when at the time of departure from abroad to the Philippines, there is yet no complaint filed

obligated to observe it and such departure HAS NOT been used as a means for

against him abroad.

FRAUDULENT PRACTICES, will be held directory and such departure will be considered a
HARMLESS IRREGULARITY.

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after the elections, they are regarded as DIRECTORY only to give effect the will of the electorate .
2.

CONTENTS OF CERTIFICATE OF CANDIDACY

For as regards election laws, it is established rule of interpretation that mandatory provisions
requiring certain steps before the elections will be construed as directory after the elections, to give

BP # 881:

OMNIBUS ELECTION CODE, SECTION 74:Contents of certificate of

effect to the will of the electorate. Thus, even if the COC was not duly signed or if it does contained

candidacy. - The certificate of candidacy shall

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

the required data, the election of the candidate as winner may not be nullified on such ground, the

state that the person filing it is announcing his candidacy for the office stated therein
and that he is eligible for said office;
if for Member of the BatasangPambansa, the province, including its component cities, highly
urbanized city or district or sector which he seeks to represent;
the political party to which he belongs;
civil status;
his date of birth;
residence;
his post office address for all election purposes;
his profession or occupation;
that he will support and defend the Constitution of the Philippines and will maintain true faith
and allegiance thereto;
that he will obey the laws, legal orders, and decrees promulgated by the duly constituted
authorities;
that he is not a permanent resident or immigrant to a foreign country;
that the obligation imposed by his oath is assumed voluntarily, without mental reservation or
purpose of evasion;
and that the facts stated in the certificate of candidacy are true to the best of his knowledge.

defects in the COC should have been questioned before the election; they may not be questioned
after the election without invalidating the will of the electorate, which should not be done.
3.

Pontawe vs. COMELEC, 136 SCRA 10 (1985): A SUBSTITUTE is one who takes the place of
another who is no longer a candidate, otherwise the former would be an additional, not a substitute
candidate. Where a candidate is disqualified by the COMELEC after the last day for filing the COC,
he can be substituted by a persn belonging to, and certified by the same political party to which the
disqualified candidate belongs not later than MID-DY of the day of ELECTION.
Substitution of candidacy may be done under any of the circumstances prescribed in Section

77 of the Omnibus Election Code, which reads:

Unless a candidate has officially changed his name through a court approved proceeding, a

Section 77.Candidates in case of death, disqualification or withdrawal of another.

certificate shall use in a certificate of candidacy the name by which he has been baptized, or if has not

If after the last day for the filing of certificates of candidacy, an official candidate of a

been baptized in any church or religion, the name registered in the office of the local civil registrar or any

registered or accredited political party DIES, WITHDRAWS OR IS DISQUALIFIED FOR ANY

other name allowed under the provisions of existing law or, in the case of a Muslim, his Hadji name after

CAUSE, only a person belonging to, and certified by, the same political party may file a certificate of

performing the prescribed religious pilgrimage:

candidacy to replace the candidate who died, withdrew or was disqualified.

The substitute candidate nominated by the political party concerned may file his certificate of

Provided, That when there are two or more candidates for an office with the same name and

candidacy for the office affected in accordance with the preceding sections not later than mid-day of the

surname, each candidate, upon being made aware or such fact, shall state his paternal and maternal

day of the election.

surname, except the incumbent who may continue to use the name and surname stated in his certificate of

If the death, withdrawal or disqualification should occur between the day before the election

candidacy when he was elected. He may also include one nickname or stage name by which he is

and mid-day of election day, said certificate may be filed with any board of election inspectors in the

generally or popularly known in the locality.

political subdivision where he is a candidate, or, in the case of candidates to be voted for by the
entire electorate of the country, with the Commission.

The person filing a certificate of candidacy shall also affix his latest photograph, passport
size; a statement in duplicate containing his bio-data and program of government not exceeding one

4.

hundred words, if he so desires.

Lambanao vs. Terro, 15 SCRA 716 (1965):

It has been held that the provision of the election law on COC, such as signing and swearing

SUBSTITUTION OF CANDIDACY

SUBSTITUTION OF CANDIDACY; SUBSTITUTE MUST BELONG TO THE SAME

PARTY

Sinaca vs. Mula, 315 SCRA 266 (1999): Issue

May an independent candidate who has filed his

COC for Sangguniang Bayan withdraw such candidacy, then affiliate as a party member of a political
party, is thereafter nominated by such political party to substitute its candidate for mayor as the latter has

on the same and information required to be stated therein, are MANDATORY in terms. However,

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been disqualified, and files his substitute certificate for mayor, legally run as substitute candidate and his
winning the election declared as valid?

As stated in OEC, Section 77.Candidates in case of death, disqualification or withdrawal

of another Section 77.Candidates in case of death, disqualification or withdrawal of another.

Held YES as ruled affirmatively by the Supreme Court. There is nothing in the Constitution or the law
which requires as a condition precedent that a substitute candidate must have been a member of the party
concerned for a certain period of time before he can be nominated as such. All that Section 77 of BP 881
Omnibus Election Code requires is that substitute candidate should be a person belonging to and

If after the last day for the filing of certificates of candidacy, an official candidate of a
registered or accredited political party DIES, WITHDRAWS OR IS DISQUALIFIED FOR ANY
CAUSE, only a person belonging to, and certified by, the same political party may file a certificate of
candidacy to replace the candidate who died, withdrew or was disqualified.

certified by the same political party as the candidate to be replaced.See Section 77 BP 881 above.

The substitute candidate nominated by the political party concerned may file his certificate of
candidacy for the office affected in accordance with the preceding sections not later than mid-day of the

5.

WITHDRAWAL OF CERTIFICATE, REQUIRED FOR SUBSTITUTION

day of the election.

If the death, withdrawal or disqualification should occur between the day before the election

GR: There is no provision of law which prevents a candidate from withdrawing his candidacy
before the election (Ycain vs. Caneja, 81 Phil 778 (1948)).

However to be effective, the withdrawal

should be under oath or in the form of sworn declaration that he is withdrawing his COC, such being

and mid-day of election day, said certificate may be filed with any board of election inspectors in the
political subdivision where he is a candidate, or, in the case of candidates to be voted for by the entire
electorate of the country, with the Commission.

the requirement of the law. A withdrawal of candidacy which is not under oath is not a valid withdrawal
and generally produces no legal effect, and for all legal intents and purposes there is no withdrawal and he
remains a candidate. (Villanueva vs. Comelec, 122 SCRA 636 (1983)).

Section 78.Petition to deny due course to or cancel a certificate of candidacy.

Exception: When the withdrawal which is not under oath is actually made and accepted by the
election registrar as a result of whom a substitute candidate files his COC in his place and receives the
winning number of votes. For to give no legal effect to the withdrawal because it is not under oath is to
pay homage to technicality, nullify the candidacy if the substitute candidate, and frustrate the will of
the electorate.

required under Section 74 hereof is false. The petition may be filed at any time not later than twenty-five
days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and
hearing, not later than fifteen days before the election.

Villanueva vs. COMELEC, GR # 54718, Dec. 4, 1985: While a COC duly filed may be
withdrawn or cancelled before the day of election, it does not necessarily follow that the
candidate whose COC is withdrawn is cancelled may be substituted by another. For
substitution to take place the withdrawal must be effected after the last day for the filing of the
COC. IF the withdrawal is made on the last day for filing of COC, substitution is not allowed
except when withdrawal is filed on the last hour of the last day of filing the COC because for
all intents and purposes such withdrawal has been substantially made after the last day.
6.

A verified petition seeking to deny due course or to cancel a certificate of candidacy may be
filed by the person exclusively on the ground that any material representation contained therein as

It provides that substitution of a candidate maybe permitted where the requisites thereof are
complied with. One of such is that the candidate to be substituted by another must have a valid COC
duly filed with the COMELEC, and a candidate whose COC has been denied due course and
cancelled under Section 78 of the OEC is not a candidate at all, who can validly substituted by
another.
--oOo--

VALID CERTIFICATE OF CANDIDATE SUBSTITUTED IS REQUIRED

Miranda vs. Abaya, 311 SCRA 617 (1999):

WON a candidate whose COC has been

cancelled or not given due course can be substituted by another belonging to the same
political party as that of the former.
The SC gave a NEGATIVE answer.
Reason:

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