Professional Documents
Culture Documents
Part II
6. Candidacy
a. Qualifications of Candidates
b. Filing of Certificates of Candidacy
(1) Effect of Filing
(2) Substitution of Candidates
(3) Nuisance Candidates
(4) Petition to Deny or Cancel
Certificates of Candidacy
(5) Effect of Disqualification
(6) Withdrawal of Candidates
7. Campaign
a. Premature Campaigning
b. Prohibited Contributions
8. Board of Canvassers
9. Remedies and Jurisdiction in Election
Law
a. Petition Not to Give Due Course to
Certificate of Candidacy
b. Petition to Declare Failure of Elections
c. Pre-Proclamation Controversy
d. Election Protest
e. Quo Warranto
10. Prosecution of Election Offenses
b. Filing of Certificates of Candidacy
1. Effect of Filing
Note THAT THE PERIOD OF WHEN TO FILE COC IS NOT GOVERNED BY LAW..
THE PROMULGATION OR SETTING OF WHICH IS LODGED TO THE
COMELEC
1. Division 2/1
2. En Banc -3/2
d. Election Protests:
An election protest (ELECTION CONTEST)
proposes to oust the winning candidate from office. It is strictly
a contest between the defeated and the winning candidates,
based on the grounds of electoral frauds and irregularities,
to determine who between them has actually obtained the
majority of the legal votes cast and is entitled to hold the
office. It can only be filed by a candidate who has duly filed a
certificate of candidacy and has been voted for in the
preceding elections. [Lokin v. COMELEC, June 22, 2010]
Penalties
-one year to six years (THE PENALTY IS
ALWAYS CORECTIONAL), except
election sabotage -
RA 9369: Example of Election Sabotage
"(2) Regardless of the elective office involved, when the
tampering, increase and/or decrease of votes committed
or the refusal to credit the correct votes or to deduct
tampered votes perpetrated , is a accomplished in a
single election document or in the transposition of the
figure / results from one election document to another
and involved in the said tampering increase and/or
decrease or refusal to credit correct votes or deduct
tampered votes exceed five thousand (5,000) votes, and
that the same adversely affects the true results of the
election ;
THE PENALTY USED TO BE DEATH
RIGHT NOW, THE PENALTY IS ONLY RECLUSION
PERPETUA THAT IS WHY GMA WAS ABLE TO POST
BAIL IN HER ELECTION SABOTAGE CASE!!
Who can Prosecute? (THIS IS THE OLD LAW)
COMELEC exclusive authority to conduct
preliminary investigation and prosecute, but
there is a continuing delegation of authority to
DOJ Prosectutors. [under the control and
supervision]
Office of Special Prosecutor? In relation to
office? People b. De Jesus, 120 SCRA 762
(1983)
CAN THE OFFICE OF THE PROSECUTOR CHARGE YOU OF AN
ELECTION OFFENSE IN RELATION TO YOUR OFFICE AND YOU HAVE
SALARY GRADE OF 27 OR ABOVE? HELD NO! FOR ELECTION
OFFENSES, IT HAS TO BE THE COMELEC WHO MUST PROSECUTE
OR THE DOJ PROSECUTORS DULY DELEGATED WITH AUTHORITY
BY THE FORMER!!
But see, RA No. 9369, SEC. 43. Section 265 of Batas
Pambansa Blg. 881 is hereby amended to read as
follow: (NEW LAW)!!
"SEC. 265. Prosecution. - The Commission shall,
through its duly authorized legal officers, have the
power, concurrent with the other
prosecuting arms of the government, to
conduct preliminary investigation of all election
offenses punishable under this Code, and prosecute
the same"
THE CHANGE IS THAT THE POWER TO PROSECUTE IS NO LONGER
EXCLUSIVE AUTHORITY OF THE COMELEC BUT CONCURRENT WITH THE
OTHER PROSECUTING ARMS OF THE GOVERNMENT
1. TO CONDUCT PRELIMINARY INVESTIGATION OF ALL ELECTION
OFFENSES UNDER BP 881 AND
2. PROSECUTE THE SAME
Which court has jurisdiction? What if salary
grade is 27 or above? People v. Delgado,
189 SCRA 716 (1990) GMA?
IT IS NOT SANDIGANBAYAN!! IN ALL CASES INVOLVING ELECTION OFFENSES FALL
WITHIN THE EXCLUSIVE JURISDICTION OF THE RTC BY VIRTUE OF THE DIRECT
PROVISIONS OF THE OMNIBUS ELECTION CODE!! THAT IS WHY GMA IN RELATION
TO HER ELECTION SABOTAGE CASE IS FILED AND PENDING BEFORE THE RTC!!
EVEN IF THE IMPOSABLE PENALTY OF ELECTION OFFENSES RANGES ONLY FROM
1 YEAR TO 6 YEARS, IT IS WITHIN THE EXCLUSIVE JURISDICTION OF THE RTC!!