Section 69. Nuisance candidates.

- The Commission may motu proprio or upon a verified petition of an

interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said
certificate has been filed to put the election process in mockery or disrepute or to cause confusion
among the voters by the similarity of the names of the registered candidates or by other circumstances
or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for
which the certificate of candidacy has been filed and thus prevent a faithful determination of the true
will of the electorate.

Section 27. Election Offenses. - In addition to the prohibited acts and election offenses enumerated in
Sections 261 and 262 of Batas Pambansa Blg. 881, as amended, the following shall be guilty of an
election offense:

(f) Any person declared as nuisance candidate as defined under Section 69 of Batas Pambansa Blg. 881,
or is otherwise disqualified, by final and executory judgment, who continue to misrepresent himself, or
holds himself out, as a candidate, such as by continuing to campaign thereafter, and/or other public
officer or private individual, who knowingly induces or abets such misrepresentation, by commission or
omission, shall be guilty of an election offense and subject to the penalty provided in Section 264 of the
same Code.

Section 5. Procedure in Cases of Nuisance Candidates. -

(a) A Verified petition to declare a duly registered candidate as a nuisance candidate

under Section 69 of Batas Pambansa Blg. 881 shall be filed personally or through duly
authorized representative with the Commission by any registered candidate for the same
office within five (5) days from the last day for the filing of certificates of candidacy.
Filing by mail not be allowed.

(b) Within three (3) days from the filing of the petition, the Commission shall issue
summons to the respondent candidate together with a copy of the petition and its
enclosures, if any.

(c) The respondent shall be given three (3) days from receipt of the summons within
which to file his verified answer (not a motion to dismiss) to the petition, serving copy
thereof upon the petitioner. Grounds for a motion to dismiss may be raised as a
affirmative defenses.

(d) The Commission may designate any of its officials who are lawyers to hear the case
and receive evidence. The proceeding shall be summary in nature. In lieu of oral
testimonies, the parties may be required to submit position papers together with affidavits
or counter-affidavits and other documentary evidence. The hearing officer shall
immediately submit to the Commission his findings, reports, and recommendations
within five (5) days from the completion of such submission of evidence. The
Commission shall render its decision within five (5) days from receipt thereof.
 (e) The decision, order, or ruling of the Commission shall, after five (5) days from receipt
of a copy thereof by the parties, be final and executory unless stayed by the Supreme
Court.

(f) The Commission shall within twenty-four hours, through the fastest available means,
disseminate its decision or the decision of the Supreme Court to the city or municipal
election registrars, boards of election inspectors and the general public in the political
subdivision concerned.

Section 6. Effect of Disqualification Case. - Any candidate who has been declared by final
judgment to be disqualified shall not be voted for, and the votes cast for him shall not be
counted. If for any reason a candidate is not declared by final judgment before an election to be
disqualified and he is voted for and receives the winning number of votes in such election, the
Court or Commission shall continue with the trial and hearing of the action, inquiry, or protest
and, upon motion of the complainant or any intervenor, may during the pendency thereof order
the suspension of the proclamation of such candidate whenever the evidence of his guilt is
strong.

Pamatong v. COMELEC

Rev. Elly Velez Pamatong filed his Certificate of Candidacy for President on December 17,
2003. Respondent Commission on Elections (COMELEC) refused to give due course to
petitioner’s Certificate of Candidacy in its Resolution No. 6558 dated January 17, 2004. The
decision, however, was not unanimous since Commissioners Luzviminda G. Tancangco and
Mehol K. Sadain voted to include petitioner as they believed he had parties or movements to
back up his candidacy.

On January 15, 2004, petitioner moved for reconsideration of Resolution No. 6558. Petitioner’s
Motion for Reconsideration was docketed as SPP (MP) No. 04-001. The COMELEC, acting on
petitioner’s Motion for Reconsideration and on similar motions filed by other aspirants for
national elective positions, denied the same under the aegis of Omnibus Resolution No. 6604
dated February 11, 2004.

The COMELEC declared petitioner and thirty-five (35) others nuisance candidates who could
not wage a nationwide campaign and/or are not nominated by a political party or are not
supported by a registered political party with a national constituency.

Constitution, by limiting the number of qualified candidates only to those who can afford to wage a
nationwide campaign and/or are nominated by political parties. In so doing, petitioner argues that the
COMELEC indirectly amended the constitutional provisions on the electoral process and limited the
power of the sovereign people to choose their leaders.

The COMELEC supposedly erred in disqualifying him since he is the most qualified among all
the presidential candidates, i.e., he possesses all the constitutional and legal qualifications for the
office of the president, he is capable of waging a national campaign since he has numerous
national organizations under his leadership, he also has the capacity to wage an international
campaign since he has practiced law in other countries, and he has a platform of government.

He attacks the validity of the form for the Certificate of Candidacy prepared by the COMELEC.
claims that the form does not provide clear and reasonable guidelines for determining the
qualifications of candidates since it does not ask for the candidate’s bio-data and his program of
government.

What is recognized is merely a privilege subject to limitations imposed by law. Section 26,
Article II of the Constitution neither bestows such a right nor elevates the privilege to the level of
an enforceable right.

The "equal access" provision is a subsumed part of Article II of the Constitution, entitled
"Declaration of Principles and State Policies." The provisions under the Article are generally
considered not self-executing,2 and there is no plausible reason for according a different
treatment to the "equal access" provision. Like the rest of the policies enumerated in Article II,
the provision does not contain any judicially enforceable constitutional right but merely specifies
a guideline for legislative or executive action.3 The disregard of the provision does not give rise
to any cause of action before the courts.4

I changed the word "broaden" to "ENSURE EQUAL ACCESS TO" because what is
important would be equal access to the opportunity. If you broaden, it would
necessarily mean that the government would be mandated to create as many offices
as are possible to accommodate as many people as are also possible. That is the
meaning of broadening opportunities to public service. So, in order that we should not
mandate the State to make the government the number one employer and to limit
offices only to what may be necessary and expedient yet offering equal opportunities
to access to it, I change the word "broaden."7 (emphasis supplied)

the provision is not intended to compel the State to enact positive measures that would
accommodate as many people as possible into public office.

As long as the limitations apply to everybody equally without discrimination, however, the equal
access clause is not violated. Equality is not sacrificed as long as the burdens engendered by the
limitations are meant to be borne by any one who is minded to file a certificate of candidacy. In
the case at bar, there is no showing that any person is exempt from the limitations or the burdens
which they create.

Significantly, petitioner does not challenge the constitutionality or validity of Section 69 of the
Omnibus Election Code and COMELEC Resolution No. 6452 dated 10 December 2003

The rationale behind the prohibition against nuisance candidates and the disqualification of
candidates who have not evinced a bona fide intention to run for office is easy to divine. The
State has a compelling interest to ensure that its electoral exercises are rational, objective, and
orderly. Towards this end, the State takes into account the practical considerations in conducting
elections.
 Inevitably, the greater the number of candidates, the greater the opportunities for logistical
confusion, not to mention the increased allocation of time and resources in preparation for the
election. These practical difficulties should, of course, never exempt the State from the conduct
of a mandated electoral exercise. At the same time, remedial actions should be available to
alleviate these logistical hardships, whenever necessary and proper. Ultimately, a disorderly
election is not merely a textbook example of inefficiency, but a rot that erodes faith in our
democratic institutions.

[T]here is surely an important state interest in requiring some preliminary showing of a significant
modicum of support before printing the name of a political organization and its candidates on the ballot
– the interest, if no other, in avoiding confusion, deception and even frustration of the democratic
[process].

There is a need to limit the number of candidates especially in the case of candidates for
national positions because the election process becomes a mockery even if those who
cannot clearly wage a national campaign are allowed to run. Their names would have to
be printed in the Certified List of Candidates, Voters Information Sheet and the Official
Ballots. These would entail additional costs to the government. For the official ballots in
automated counting and canvassing of votes, an additional page would amount to more or
less FOUR HUNDRED FIFTY MILLION PESOS (P450,000,000.00).

The preparation of ballots is but one aspect that would be affected by allowance of "nuisance
candidates" to run in the elections.

This is not to mention the candidacies which are palpably ridiculous so as to constitute a one-
note joke. The poll body would be bogged by irrelevant minutiae covering every step of the
electoral process, most probably posed at the instance of these nuisance candidates. It would be a
senseless sacrifice on the part of the State.

Owing to the superior interest in ensuring a credible and orderly election, the State could exclude
nuisance candidates and need not indulge in, as the song goes, "their trips to the moon on
gossamer wings."

Petitioner has submitted to this Court mere photocopies of various documents purportedly
evincing his credentials as an eligible candidate for the presidency. Yet this Court, not being a
trier of facts, can not properly pass upon the reproductions as evidence at this level. Neither the
COMELEC nor the Solicitor General appended any document to their respective Comments.

The question of whether a candidate is a nuisance candidate or not is both legal and factual. The
basis of the factual determination is not before this Court.

IN VIEW OF THE FOREGOING, COMELEC Case No. SPP (MP) No. 04-001 is hereby
remanded to the COMELEC for the reception of further evidence, to determine the question on
whether petitioner Elly Velez Lao Pamatong is a nuisance candidate as contemplated in Section
69 of the Omnibus Election Code.
WHO MAY FILE:

TECSON v. COMELEC

Section 5. Procedure in Cases of Nuisance Candidates. -

(a) A Verified petition to declare a duly registered candidate as a nuisance candidate

under Section 69 of Batas Pambansa Blg. 881 shall be filed personally or through duly
authorized representative with the Commission by any registered candidate for the same
office within five (5) days from the last day for the filing of certificates of candidacy.
Filing by mail not be allowed.

(b) Within three (3) days from the filing of the petition, the Commission shall issue
summons to the respondent candidate together with a copy of the petition and its
enclosures, if any.

(c) The respondent shall be given three (3) days from receipt of the summons within
which to file his verified answer (not a motion to dismiss) to the petition, serving copy
thereof upon the petitioner. Grounds for a motion to dismiss may be raised as a
affirmative defenses.

(d) The Commission may designate any of its officials who are lawyers to hear the case
and receive evidence. The proceeding shall be summary in nature. In lieu of oral
testimonies, the parties may be required to submit position papers together with affidavits
or counter-affidavits and other documentary evidence. The hearing officer shall
immediately submit to the Commission his findings, reports, and recommendations
within five (5) days from the completion of such submission of evidence. The
Commission shall render its decision within five (5) days from receipt thereof.

(e) The decision, order, or ruling of the Commission shall, after five (5) days from receipt
of a copy thereof by the parties, be final and executory unless stayed by the Supreme
Court.

(f) The Commission shall within twenty-four hours, through the fastest available means,
disseminate its decision or the decision of the Supreme Court to the city or municipal
election registrars, boards of election inspectors and the general public in the political
subdivision concerned.

COMELEC RESOLUTION

RESOLUTION No. 8696

RULES ON DISQUALIFICATION CASES FILED

IN CONNECTION WITH THE MAY 10, 2010
AUTOMATED NATIONAL AND LOCAL ELECTIONS.

Promulgation: 11 November 2009

The Commission on Elections, by virtue of the powers vested in it by the Constitution, the
Omnibus Election Code and other election laws, RESOLVED to promulgate, as it hereby
RESOLVES to prescribe the following rules of procedure concerning the filing of the following
petitions for purposes of the May 10, 2010 national and local elections:

a) Petition to Deny Due Course to or Cancel Certificate of Candidacy;

b) Petition To Declare A Candidate As Nuisance Candidate;

c) Petition To Disqualify A Candidate Pursuant to Sec. 68 of the Omnibus Election Code; and

d) Petition To is Disqualify A Candidate for Lack of Qualifications or Possessing Some Grounds

For Disqualification,

SECTION 1. Suspension of the Comelec Rules of Procedures. - In the interest of justice and in
order to attain speedy disposition of cases, the application of the Comelec Rules of Procedure or
any portion thereof inconsistent herewith is hereby suspended.

SEC. 2. Where to file petitions. - The petitions herein mentioned shall be filed with the Office of
the Clerk of the Commission, Commission on Elections, in Manila.

Petitions for disqualification filed with offices other than with the Office of the Clerk of the
Commission shall not be accepted.

SEC. 3. Petitions filed through mail or not in accordance with rules; Effect. - Petitions filed
through mail and/or not in accordance with the herein rules shall not be accepted or docketed.
However, petitioner may re-file the petition in accordance with the herein rules and before the
lapse of the reglementary period provided for the filing for each petition.

SEC. 4. Procedure in filing petitions. - For purposes of the preceding sections, the following
procedure shall be observed:

A. PETITION TO DENY DUE COURSE TO OR CANCEL CERTIFICATE OF

CANDIDACY
1. A verified petition to deny due course or to cancel certificate of candidacy may be
filed by any person within five (5) days from the last day for the filing of
certificate of candidacy but not later than twenty-five (25) days from the filing of
certificate of candidacy under Section 78 of the Omnibus Election Code (OEC);

2. The petition shall be filed in ten (10) legible copies, personally or through a duly
authorized representative, by any :person of voting age or a duly registered
 political party, organization, or coalition of political parties exclusively on the
ground that any material representation contained therein as required under
Section 74 of the OEC is false.

3. PETITION TO DECLARE A NUISANCE CANDIDATE

1. A verified petition to declare a duly registered candidate as a nuisance candidate
under Section 69 of the OEC, as amended by Section 5 of R.A. 6646, must be
filed within five (5) days from the last day for the filing of certificates of
candidacy;

2. The petition shall be filed in ten (10) legible copies personally or through a duly
authorized representative, by any candidate for the same office on the following
grounds:

2.1. The certificate of candidacy has been filed to put the election process
in mockery or disrepute;

2.2. The certificate of candidacy causes confusion among voters by the

similarity of the names of the registered candidates;

2.3. By other acts or circumstances which clearly demonstrate that the

candidate has no bona fide intention to run for the office for which the
certificate of candidacy has been filed and thus prevent the faithful
determination of the true will of the electorate.

B. PETITION TO DISOUALIFY A CANDIDATE PURSUANT TO SECTION 68 OF THE

OMNIBUS ELECTION CODE AND PETITION TO DISOUALIFY FOR LACK OF
OUALIFICATIONS OR POSSESSING SOME GROUNDS FOR DISQUALIFICATION

1. A verified petition to disqualify a candidate pursuant to Section 68 of the OEC

and the verified petition to disqualify a candidate for lack of qualifications or
possessing some grounds for disqualification may be filed on any day after the
last day for filing of certificates of candidacy but not later than the date of
proclamation;

2. The petition to disqualify a candidate pursuant to Section 68 of the OEC shall be

filed in ten (10) legible copies, personally or through a duly authorized
representative, by any citizen of voting age, or duly registered political party,
organization or coalition of political parties against any candidate who, in an
 action or protest in which he is a party, is declared by final decision of a
competent court, guilty of, or found by the Commission of, having:

2.1. Given money or other material consideration to influence, induce or

corrupt voters or public officials performing electoral functions;

2.2. Committed acts of terrorism to enhance his candidacy; or

2.3. Spent in his election campaign an amount in excess of that allowed by

law; or

2.4. Solicited, received or made any contribution prohibited under

Sections 89, 95, 96, 97 and 104 of the OEC; or

2.5. Violated any of Sections 80, 83, 85, 86 and 261 paragraphs d, e, k and
v and cc sub-paragraph 6 of the OEC, shall be disqualified from
continuing as a candidate, or if he has been elected, from holding the
office.

3. The petition to disqualify a candidate for lack of qualification or possessing some

grounds for disqualification, shall be filed in ten (10) legible copies, personally or
through a duly authorized representative, by any person of voting age, or duly
registered political party, orgariization or coalition of political parties on the
ground that the candidate does not possess all the qualifications as provided for by
the Constitution or by existing law or who possesses some grounds for
disqualification as provided for by the Constitution or by existing law.

C. COMMON PROCEDURES

1. Petitioner shall, before the filing of the petition, furnish a copy of the petition
through personal service, to the respondent. In case personal service is not
feasible, or the respondent refuses to receive the petition or the respondent's
wherebouts cannot be ascertained, the petitioner shall execute an affidavite stating
the reasons or circumstances therefore;

2. The proof of service or the affidavit shall be attached to the petition to be filed
with the Office of the Clerk of the Commission;

3. Upon payment of the filing fee of Php5,000.00 and legal research fee of
Php50.00, the Office of the Clerk cf the Commission shall docket the petition and
 assign to it a docket number, which must be consecutive according to the order of
receipt, and must bear the year and prefixed as SPA (DC);

4. No petition shall be docketed unless the requirements in the preceding paragraphs

have been complied with;

5. Upon proper filing and docketing of the petition, the Office of the Clerk of the
Commission shall, within three (3) calendar days, issue summons with notice of
hearing through personal service or telegram, facsimile or through the most fastest
means of communication, to the respondent and notice of hearing to the
petitioner;

6. Within three (3) calendar days from receipt of summons, the respondent shall,
personally or through his authorized representative, file his verified answer (not a
Motion to Dismiss) to the petition, at the Office of the Clerk of the Comniission,
in ten (10) legible copies, with proof of personal service of Answer upon the
petitioner.

Grounds for Motion to Dismiss may be raised as an Affirmative Defense;

7. The proceeding shall be summary in nature. In lieu of oral testimonies, the parties
chall submit the affidavits of their witnesses and other documentary evidence
together with their position papers or memoranda.

The position paper or memoranda of each party shall contain the following:

7.1. A "Statement of the Case", which is a clear and concise statement of

the nature of the action, a summary of the docclmentary evidence, and
other matters necessary to an understanding of the controversy;

7.2. A "Statement of the Issues", which is a clear and concise statement of

the issues;

7.3. The "Argument", which is a clear and concise presentation of the

argument in support of each issue; and
 7.4. The "Relief", which is a specification of the judgment which the party
seeks to obtain. Issues raised in the pleadings that are not included in the
memorandum shall be deemed waived or abandoned. The Commission
may consider the memorandum alone in deciding or resolving the petition,
as said memorandum is a summation of the parties' pleadings and
documentary evidence.

SEC. 5. Motu Proprio Cases. - The Commission may, at any time before the election, motu
proprio refuse to give due course to or cancel any certificate of candidacy of any candidate for
the positions of President, Vice-President, Senator and Party-List, on the following grounds:

a) Candidates who, on the face of their certificates of candidacy or, in the case of party-list
groups - manifestation of intent to participate in the party-list system of representation - do not
possess the constitutional and legal qualifications of the office to which they aspire to be elected;

b) Candidates or party-list group who, on the face of said certificates or in the case of party-list
groups - manifestation of intent to participate in the party-list system of representation - filed
their certificates or manifestation to put the election process in mockery or disrepute;

c) Candidates whose certificates of candidacy or party-list groups whose manifestation could

cause confusion among the voters by the similarity of names and surnames with other registered
candidates or by the similarity of their party-list name or acronym; and

d) Candidates or party-list groups who have no bona fide intention to run for the office for which
the certificate of candidacy or manifestation had been filed or acts that clearly demonstrate the
lack of such bona fide intention, such as:

d.1. Candidates who do not belong to or are not nominated by any registered political party or
national constituency;

d.2. Candidates who do not have a platform of government and are not capable of waging a
nationwide campaign.

Upon receipt of the certificates of candidacy for President, Vice-President, Senator, or upon
receipt of the manifestation of intent to participate for the and party-List, the Law Department
shall, within five (5) days from the last day for filing certificate of candidacy and manifestation,
forward to the Commission en banc through the Office of the Commission Secretary, the
certificates of candidacy and manifestation, together with its study and recommendation;

The Commission Secretary shall upon receipt thereof, immediately calendar for deliberation the
certificates of candidacy and manifestation together with the study and recommendation of the
Law Department with notice to all members of the Commission.

Within three (3) days from the date of the deliberation, the Commission shall resolve all matters
relative to the certificates of candidacy and manifestation submitted to it.
The Resolution denying due course or canceling the certificate of candidacy of candidates for
President, Vice-President and Senator, or manifestation, shall be published in two (2)
newspapers of general circulation.

Any candidate whose certificate of candidacy or any party-list group whose manifestation has
been adversely affected may, personally or through a duly authorized representative, file a
verified opposition thereto, in ten (10) legible copies, within five (5) days from the date of
publication, with the Office of the Clerk of the Commission, which shall assign a docket number
which must be consecutive according to the order of receipt and must bear the year and prefixed
as SPA (MP);

The Clerk of the Commission shall set the opposition for hearing within three (3) days from
receipt thereof.

Within two (2) days after the hearing, the Clerk of the Commission shall calendar the Opposition
for consultation and thereafter, the member to whom the case is assigned shall pen the decision
within five (5) days from the date of consultation.

SEC. 6. Promulgation. - The promulgation of a Decision or Resolution of the Commission or a

Division shall be made on a date previously fixed, notice of which shall be served in advance
upon the parties or their attorneys personally, or by registered mail, telegram, fax or thru the
fastest means of communication.

SEC. 7. Motion for reconsideration. - A motion to reconsider a Decision, Resolution, Order or

Ruling of a Division shall be filed within three (3) days from the promulgation thereof. Such
motion, if not pro-forma, suspends the execution for implementation of the Decision, Resolution,
Order or Ruling.

Within twenty-four (24) hours from the filing thereof, the Clerk of the Commission shall notify
the Presiding Commissioner. The latter shall within two (2) days thereafter certify the case to the
Commission en banc.

The Clerk of the Commission shall calendar the Motion for Reconsideration for the resolution of
the Commission en banc within three (3) days from the certification thereof.

SEC. 8. Effectivity. - This Resolution shall take effect on the seventh (7th) day after its
publication in two (2) daily newspapers of general circulation.

The Education and Information Department, this Commission, shall cause the publication of this
Resolution in two (2) daily newspapers of general circulation.

SEC. 9. Dissemination. - The Education and Information Department of the Commission shall
furnish copies of this Resolution to all field officials of the Commission, the political parties and
accredited citizens' arm.
SUBSTITUTION

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

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

WITHDRAWAL of the Certificate of Candidacy

MONSALE v. NICO

Court of instance of Iloilo declaring the protestant elected municipal mayor of Miagao as a result
of the general elections held on November 11, 1947.

It appears that the protestant withdrew his certificate of candidacy on October 10, 1947,

but on November 7, attempted to revive it by withdrawing his withdrawal. The commission on

Election, however, rules on November 8 that the protestant could no longer be a candidate in
spite of his desire to withdrawal. A canvass of the election returns showed that the protestee
Paulino M. Nico received 2,291 votes; another candidate, Gregorio Fagutao126, votes; and the
protestant Jose F. Monsale, none, evidently because the vote cast in his favor had not been
counted for the reason that he was not a registered candidate. Consequently, Nico was
proclaimed elected.

ISSUE: whether a candidate who has withdrawn his certificate of candidacy may revive it, either
by withdrawing his letter of withdrawal or by filling a new certificate of candidacy, after the
deadline provided by law for the filling of such certificate.

Section 31 of the Revised Election Code (Republic Act No. 180) provides that "no person shall
be eligible unless, within the time fixed by law, he files a duty signed and sworn certificate of
candidacy."

Section 36 provides that "at least sixty days before a regular election and thirty days at least
before a special election, the . . . certificates of candidacy for municipal offices shall be filed
with the municipal secretary, who shall immediately send copies thereof to the polling place
concerned, to the secretary of the provincial board and to the Commission on Elections."
 Section 38 further that "if, after the expiration of the time limit for filling certificate of
candidacy, a candidate with a certificate of candidacy duly filed should die or become
disqualified, any legally qualified citizen may file a certificate of candidacy for the office for
which the deceased or disqualified person was a candidate in accordance with the preceding
section on or before midday of the day of the election, and, if the death or disqualification should
occur between the day before the election and the midday of election day, said certificate may be
filed with any board of inspection of the political division where he is a candidate or in the case
of candidates to be voted for by the entire electorate, with the Commission on Elections."

In the present case the protestant withdrew his certificate of candidacy on October 10, 1947, and
requested the Commission on Election that it "be considered as though it has never been filed at
all."

There is no question as to the right off a candidate to withdraw or annul his own certificate of
candidacy, there being no legal prohibition against such withdrawal. Therefore, on October 10,
or thirty-on days before the election, the protestant ceased to be candidate by his own voluntary
act, and as a matter of facts the boards of election inspectors of the municipality of Miagao we
duly notified of his letter to the Commission on Election dated November 6, 1947, which
subscribed and swore to before a notary public on November 7, whereby he withdrew his
withdrawal of his certificate of candidacy, can only be considered as a new certificate of
candidacy which, having been filed only four days before the election, could not legally be
accepted under the law, which expressly provides that such certificate should be filed at sixty
days before the election.

The evident purposes of the law in requiring the filling of certificates of candidacy and in fixing
a time limit therefor are (a) to enable the voter to know, at least sixty days before a regular
election the candidate among whom they are to make the choice, and (b) to avoid confusion and
inconvenience in the tabulation of the votes cast; for if the law did not confine the choice or
election by the voter to duly registered candidates, there might be as many person voted for as
there were voters, and votes might be cast even for unknown or fictitious person as a mark to
identify the votes in favor of a candidate for another office in the same election.

The only instance wherein the law permit the filling of a certificate of candidacy after the
expiration of the time limit for filing it is when a candidate with a certificate of candidacy duty
filed dies or becomes disqualified.

The Commission on Election was, therefore, right in holding as it did that the protestant "can no
longer be a candidate in spite of his desire to withdraw his withdrawal."

." This clearly implies that a candidate voted for who has not presented a certificate of candidacy
has no right to contest the election. In other words, the herein protestant, not being a registered
candidate, has no standing before the court.

MULTIPLE CERTIFICATES OF CANDIDACY

Sec. 73. Certificate of candidacy. - No person shall be eligible for any elective
public office unless he files a sworn certificate of candidacy within the period
fixed herein.

A person who has filed a certificate of candidacy may, prior to the election,
withdraw the same by submitting to the office concerned a written declaration
under oath.

No person shall be eligible for more than one office to be filled in the same
election, and if he files his certificate of candidacy for more than one office, he
shall not be eligible for any of them. However, before the expiration of the period
for the filing of certificates of candidacy, the person who was filed more than one
certificate of candidacy may declare under oath the office for which he desires to
be eligible and cancel the certificate of candidacy for the other office or offices.

The filing or withdrawal of a certificate of candidacy shall not affect whatever

civil, criminal or administrative liabilities which a candidate may have incurred.

LONE CANDIDATE LAW

Section 2. Proclamation of a lone candidate. – Upon the expiration of the deadline for the filing
of the certificates of candidacy in a special election called to fill a vacancy in an elective position
other than for President and Vice President, when there is only one (1) qualified candidate for
such position, the lone candidate shall be proclaimed elected to the position by proper
proclaiming body of the Commission on Elections without holding the special election upon
certification by the Commission on Elections that he is the only candidate for the office and is
thereby deemed elected.

Section 3. Assumption of office. – In the absence of any lawful ground to deny due course or
cancel the certificate of candidacy in order to prevent such proclamation, as provided for under
Sec.s 69 and 78 of Batas Pambansa Bilang 881 also known as the Omnibus Election Code of the
Philippines, the candidate referred to in the preceding paragraph shall assume office not earlier
than the scheduled election day. Certificates of candidacy filed in violation hereof shall not be
given due course. For this purpose, the Commission shall decide petitions for disqualifications
not later than election day; otherwise, such petitions shall be deemed dismissed.

Section 4. Disqualification. – In addition to the disqualifications mentioned in Sec.s 12 and 68

of the Omnibus Election Code and Sec. 40 of Republic Act No. 7160, otherwise known as the
Local Government Code, whenever the evidence of guilt is strong, the following persons are
disqualified to run in a special election called to fill the vacancy in an elective office, to wit:

a) Any elective official who has resigned from his office by accepting an appointive
office or for whatever reason which he previously occupied but has caused to become
vacant due to his resignation; and
 b) Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates
or actually causes, inflicts or produces any violence, injury, punishment, torture, damage,
loss or disadvantage to any person or persons aspiring to become a candidate or that of
the immediate member of his family, his honor or property that is meant to eliminate all
other potential candidate.

Section 5. Prohibited acts, election offenses and penalties. – Any act of coercion, bribery,
threat, harassment, intimidation, terrorism, or actually causing, inflicting or producing violence,
injury, punishment, torture, damage, loss or disadvantage to discourage any other person or
persons from filing a certificate of candidacy in order to eliminate all other potential candidate
from running in a special election shall constitute as an election offense. Violations of this
provision shall be prosecuted and penalized in accordance with the provision of Sec. 264 of the
Omnibus Election Code.

Section 6. Applicability. – The pertinent provisions of Batas Pambansa Bilang 881, as amended,
otherwise known as the Omnibus Election Code of the Philippines, and other election laws which
are not in conflict with the provision herein provided, shall remain in full force and effect and are
hereby adopted as parts hereof.

PROHIBITED FORMS

Sec. 85. Prohibited forms of election propaganda. - It shall be unlawful:

(a) To print, publish, post or distribute any poster, pamphlet, circular,

handbill, or printed matter urging voters to vote for or against any
candidate unless they bear the names and addresses of the printer and
payor as required in Section 84 hereof;

(b) To erect, put up, make use of, attach, float or display any billboard,
tinplate-poster, balloons and the like, of whatever size, shape, form or kind,
advertising for or against any candidate or political party;

(c) To purchase, manufacture, request, distribute or accept electoral

propaganda gadgets, such as pens, lighters, fans of whatever nature,
flashlights, athletic goods or materials, wallets, shirts, hats, bandanas,
matches, cigarettes and the like, except that campaign supporters
accompanying a candidate shall be allowed to wear hats and/or shirts or T-
shirts advertising a candidate;

(d) To show or display publicly any advertisement or propaganda for or

against any candidate by means of cinematography, audio-visual units or
other screen projections except telecasts which may be allowed as
hereinafter provided; and

(e) For any radio broadcasting or television station to sell or give free of
charge air time for campaign and other political purposes except as
 authorized in this Code under the rules and regulations promulgated by the
Commission pursuant thereto.

Any prohibited election propaganda gadget or advertisement shall be stopped,

confiscated or torn down by the representative of the Commission upon specific
authority of the Commission.

SURVEYS and EXIT POLLS