COMELEC Resolution 9029

8/10/2019 COMELEC Resolution 9029

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Republic of the Philippines

COMM ISSION ON ELECTIOVS

Manila

GUIDELINES ON THE FILING OF MELO,

J o s e

A.R.,

haii tan

CERTIFICATES OF CANDIDACY IN

SARMIENTO,

Re ne V.,

orn ssioner

CONNECTION WITH THE OCTOBER

FERRER,

Nicodemo

T. om issioner

TAGLE,

Luce nito N. ,

o issioner

25, 2010 BARANGAY AND

WSOPH,

El i a s

R.,

i

ELASCO,

A r m a n d o C., qmr issioner

SANGGUNIANG KABATAAN

issioner

ELECTIONS. LARRAZABAL,

Gregorio Y.

issioner

X

PROMULGATED

eptember

21, 2010

R ~ ~ S O L U T I O NO.

The Commission on klections, by vir tue of the powers vested

in it

by the

Constitution, th e Om nibub Election Code, Republic Act NO. 9164, an d other election

laws, RESOLVED, . a s t hereby RESOLVES, to th e following

guidelines on the filing of cektificates of candidacy in connection with the October

25 ,2010 Barangay and sa uniang Kabataan elections.

SECTION

1.

O ff i c ia l s to be elected The officials to be elected in ea ch

baran gay are th e following:

(a) For th e B aranga y Elect ions:

One (1)

Punong Barangay

and seven

(7) Sangguniang Barangay

Kagawad.

b)

For the

Sangguniang Kabataan

Elections:

One 1) Ch a i r m a n a n d s e v en ( 7 )

angguniang Kabataan Kagawad.

SEC. 2.

Q ual i f i c a t ions a)

Candidates for

Punong Barangay and

Sangguniang Barnngay Kagawad

m u s t be

1) Filipino citizens;

(2) At leas t 18 yea rs old on election day;



3) Able to read and wr ite Filipino or an y local language or dialect; and

(4) Registered voters of the barangay where they intend to run for office and

residents thereof for a t least one

1)

year immediately preceding the day

of the election.

b)

Candidates for

Sangguniang abataan

Chairman and

Sanggz~niang abataan

agawad

inust be:

(1) Filipino citizens;

(2)

At least fifteen 19) years old but less than eighteen (18) years old on

election day;

3)

Able to read and wrjte Filipino, English or th e local dialect;

(4) ~ ua l i f i e dmembers bf the atipunan ng abataan of the barangay where

they intend to ru h for office and residents thereof a t least one

(I)

year

immediately preceding the election; and

(5)

Must not have been convicted of a crime involving mora l turpitude .

SEC 3.

Disqualifications

The following are disqualified from running

for any elective

barangay

and

sangguniang kabataan

positions:

(a)Those sentenced by final judgment for- a n offense involving moral

turpitude or for

an

offense, punishable by one

1)

year or more of

imprisonment, and within two 2) years after service of sentence;

b)

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

(c) Those .convicted by final judgment for violatipg the oath of allegiance to

the ~ e ~ u b l i c ;

d)

Those with dual citizenship unless a t the time of filing of the certificate of

candidacy, he makes a personal and sworn renunciation of any and all

foreign citizenship before any public officer authorized to administer an

oath;

(e) Fugitives from justice in cr iminal or nonpolitical cases here or abroad. A

fugitive from justice includes not only those who flee after conviction to

avoid

but

likewise those who, a fte r being charged, flee .to

avoid prosecution;



0 Per mane nt residents in a foreign country or those who have acquired the

right t o reside abrokd and continue to avail themselves of the same right

after the effectivity of the Local ~ o v e r n m e n t ode;

(g) The insane or feeble-minded;

(h) Any candidate who, in an action or protest in which he is a party, is

declared by final decision of a competent court to be guilty of having, or is

found by the Commission to have committed the following acts shall be

disqualified from continuing as a candidate or, if already elected, from

holding office:

1) Given money or other material consideration to influence or

induce voters to vote for or against a candidate, or to abstain

from voting, or to corrupt government officials a nd employees

performing election functions;

2)

Committed acts of terrorism to enhance hi s candidacy;

(3) Spent in his election campaign an amount in excess of that

allowed by law;

(4) Solicited, received, or made any contributjon prohibited under

Secs. 89, 95, 96, 97 and

104

of the omnibus ~ l ec t i on ode;

5) Violated any of Secs. 83, 86 and 26 (pars. e, k, v and cc, sub

par. 6) of the same Code; or

(6) Those who have been elected and served for three 3)

consecutive terms in the same position. .Voluntary renunciation

of office for any length of timeishall not be considered as an

interruption in the continuity of service for the full term for

which th e elective official was elected.

SEC. 4. Candidates hol ing appointive or elective office Appointive

barangay, city/municipal, provincial, regional, or national officials or employees, or

those in the civil or military service, including those in government-owned or

controlled corporations, shall be considered ipso frr to resigned froin office and must

vacate the same at the start of the day of filing of his certificate of candidacy for a

barangay or sangguniang kabtrtaan office



For incumbent. municipal,

city, provincial and national elective officials

running for any barangay, elective position sha ll also e considered pso f cto

resigned upon the filing of thei r certificates of candidacy.

SEC

5 Cer t i f i ca t e

o

cand i da cy -

Any person ru nnin g a s candidate for

Punong Barangay, Sangguniang Barangay Kagawad, Sangguniang Kabataan

Chairman or Sangguniang Kabata an Kagawad shall

file a sworn certificate of

candidacy in triplicate in the form attached herein as Annexes A , A-1 , B and

B-1 respectively. The format of the certificate of candidacy may be obtained from

the Election Officer, free of charge or may be downloaded from the Comelec website

a t www.comelec.gov.ph.

The certificate of candidacy shall be filed dur ing regul ar working hours, from

8:00 o'clock in the morn ing to 5:00 o'clock in the afternoqn, from Octo be r 1 2010

to October 13 2010 inclusive, with the Office of tFe Election Officer of the

citylmunicipality concerned. However, o n t h e

l st day

of f ili ng, the Office of the

Election Officer shall receive the certificates of candidacy until .12:00 o'clock

midnight .

Certificates of candidacy shall be filed personally or through a duly

authorized representative who must present written authorization under oath.

No certificate of candidacy shal l be filed or accepted by mail, tel egram or facsimile.

No person shall be eligible to run for more than one office, that is, Punong

Barangay and ~ a r a h g a ~agawad, and if he files his certificate of candidacy for

more than one office, he shall not be eligible for any one of them. However, before

the expiration of the period for the filing of certificate of candidacy, th e person who

has filed a certificate of candidacy for more than one office may declare under oath

the office for which he desires to be elected and cancel the certificate of candidacy

for the o ther office.

In cities/municipalities where there are two or more Election Officers, the'

certificate of calididacy shallbe filed with the Office of the Election Officer having

jurisdiction over the barangay whe re he is a candidate.

The Election Officer 'o r any authorized employee receiving the certificate

shall record in separate logbooks, the date and time of receipt of the certificates of

4



candidacy of b r ng y and s ngguni ng k b t n candida tes. The date: and time of

receipt shall also be indicated in each copy of the certificate of candidacy.

SEC

6

Contents of certificate of candidpcy

-

The certificate of

candidacy sha ll contain t he following:

A) A sta tement announcing the candidacy of the person filing it;

b) The position for which he i s a candidate;

(c) A sta tement that he is eligible for said position;

d) His citizenship, residence and date of birth;

(e) His post office address for election purpose;

0

His profession or ocbbpation;

(g) sta tement th at he is eligible for the office he is runn ing for;

(h) sta tem ent tha t fie will support and defend th e Constitution of the

Republic of the r lip pines and maintain true faith and allegiance

thereto, and t ha t hd will obey the laws an d legal orders promulgated by

the duly-constituted authorities;

(i) A declaration th at he is not a permanent resident of, o r a n immigralit to,

a foreign country;

Cj That he as sumes the obligations imposed by his oath voluntarily, without

mental reservation or. purpose of evasion; and t ha t t he facts stated in the

certificate of candidacy are t rue to the best of his knowledge; and

(k)

Such other dat a a s may be required by the Commission.

I

Unless a candidate has officially changed his name th rough a court approved

proceeding, a candida te shall use in his certificate of candidacy the name by which

he has been baptized, or if he has not been baptized in any church or religion, the

name registered in the office of the local civil registrar or any other name allowed

under t he provisions of existing law or, in the case of a Muslim, his Hadj name after

performing the prescribed religious pilgrimage. Howeve r, when th ere ar e two 2) or

more candidates for the same office with the same Dame and surname, each

cgndidate, upon being made aware of such fact, shall state his paternal and

4



maternal surnames, except a n incumbent who may continue to use th e name and

surname stated in his certificate of candidacy when he was elected. He may also

include one I) nickname or stage name by which he is generally or popularly

known in the locality. Titles such as Don, Hadji, Datu, Atty.,

Dr

or o ther words of

similar import shall not be allbwed.

SEC

7 Cer t i f ica tes o f can dida cy fi l ed by persons who are not

registered voters or those f i led throug h ma il te legra m facsim ile . Effect .

.Certificates of candidacy of persons who are not registered voters in the barangay

where they intend to run; or those filed through mail, telegram or facsimile shall

not be accepted. For this purpose, the Election Officer shall issue a Certification to

the persons whose certificate of candidacy has not been accepted.

SEC

8 ~ i s t r i b u t i o n f c er ti fi ca te s o f c a n d i d a c y a n d p r e p ar a ti o n o f

l is t o f c an d ida t e s .

(a) Copies of the certificate of candidacy shall be distributed

by the Election Officer a s follows:

1)For arangay Officials:

i. Firs t Copy, to the Election Records an d sta ti sti cs Department,

Commission on Elections, Manila;

ii. Second Copy, to be retained by the Election Officer for his file;

and

iii. Third Copy, to be retained by the candida te concerned.

2)

For Sangguniang Kabataan Officials:

1

First copy, to the Election Records and Statistics Department,

Commission on Elections, Manila;

ii. Second copy, to be reta ined by the Election Officer for his file;

and

ill. Third copy, to be retained by the candidate concerned.

b) Immediately after the last day for the filling

o

certificates of candidacy,

.

the Election Officer shall prepare a certified consolidated list of all

candidates for elective arangay and Sangguniang Kabataan officials per



(c) Within two

2)

days after the last day for the filing of certificates of

candidacy, the Election Officer shall transmit to the Election Records and

Statistics Department, Commission on Elections, Manila the following:

1 a copy of the said list of candidates together with the

first

copy of

the certificates of candidacy :of the arangay and Sangguniang

Kaba taan candidates; and

2

a list of persons whose certificates of candidacy were not accepted

and the reasonls for non-acceptance.

(d).At least seven (7) days before election day or hot later than Oc to be r

18,

2010,

the Election Officer shall post copies of said lists in the barangay

hall and in three, (3) other conspicuous places in the barangay.

(e) The Election Records and Statistics Department shall acknowledge receipt

of said copies and lis twithin two (2) days from receipt thereof.

SEC

9 Withdrawal o f certificate of candidacy

- ~ n ~erson who has

filed a certificate of candidacy may withdraw it at any t im e before elect ion day

sworn declaration of withdrawal shall be filed personally, in triplicate with the

Office of the Election Officer where the certificate of candidacy was filed. The

certificate of candidacy shall be deemed withdrawn upon filing of the sworn

declaration of withdrawal.

The declaration of withdrawal shall be distributed in the same manner as the

certificates of candid;cy, furnishing a copy dr copies thereof to the Board(s) of

Election Tellers concerned.

The copy for the Election Records and Statistics Department, Commission on

Elections, Manila shal l be transmit ted within twenty-four

(24) hours from the filing

of the declaration. The hlection Records an d Stati stics Department shall

immediately acknowledge receipt thereof.

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

civil, criminal or administrative liabilities of the candidate concerned.

y 6



SEC 10 Substitution of candidates There shall be no substitution of

candidates for s ngguni ng k b t n elections, but substitution by the spouse shall

be allowed for candidates for barangay elections.

The substitute for a candidate who died or suffered permanent incapacity or

disqualified by final judgment, may file his certificate of candidacy up to mid-day of

election day,

12 o clock noon of October 25, 2010.

If the death or permanent

disability should occur between the day before the election and mid-day of election

day, the substitute candidate may file the certificate with any Board of Election

Tellers (BET) in the political subdivision where he is a.candidate.

SEC 11 Authority of the Election Officer to administer oath - For

purposes of the

b r ng y

and

s ngguni ng k b t n

ele~tions,he Election Officer

shall be authorized to administer oaths, free of charge, op all matters related to the

conduct of said elections, including the administratioq of oath to certificates of

candidacy.

SEC

12 Effectivity - This Resolution shall takg effect on the seventh day

after its publication in two (2) daily newspaper of general circulation ili the

Philippines.

SEC

13

Disseminaiion

The Education and Information Department

shall cause the immediate piiblication of this resolution, give the same the widest

dissemination possible and hl n ish copies thereof to all Regional Election Directors,

Provincial Election Supervisors and Election Officers.

SO ORDERED

/ 8

ommissioner

oted in of this r e s d u t i o n ,

business t

the

t i 1

Commissioner Commissioner

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COMELEC Resolution 9029

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