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This web page contains the full text of COMELEC Resolution No. 3307-A RULES AND REGULATIONS GOVERNING THE FILING OF PETITION FOR REGISTRATION, MANIFESTATION TO PARTICIPATE, AND SUBMISSION OF NAMES OF NOMINEES UNDER THE PARTY-LIST SYSTEM OF REPRESENTATION IN CONNECTION WITH THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS.
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Section 1. Registration Requirement. - Only organized groups duly registered with the Commission on Elections, and which have manifested their desire to participate in the party-list election, may participate in the Party-List System of Representation in the House of Representatives.
Sec. 2. Who may file petition for registration and manifestation to participate. -
Sec. 4. Where to file petition for registration and manifestation to participate. - The petition for registration and manifestation to participate shall be filed with the Clerk of the Commission, Commission on Elections, Manila, as follows:
(2) For petitions involving a party with a regional constituency, in ten (10) copies; and
(3) For manifestations, in twelve (12) legible copies.
Petitions for registration or manifestations participate shall be filed directly with the Commission. Petitions or manifestations filed by mail, telegram or facsimile shall not be accepted. It shall be signed by the President or Secretary-General.
Sec. 5. When to file petition for registration and manifestation to participate. -
Sec. 7. Documents to support petition for registration. - The following documents shall support petitions for registration:
Sec. 8. Contents of manifestation to participate. - The manifestation to participate shall be under oath and state the following: a) name and nature of the filer, whether a sectoral party, sectoral organization, political party or coalition: b) the date of its registration with the Commission; c) that at no time has it ceased to exist for one year from the time of its registration; d) and its desire to participate in the party-list election.
A filing fee of One thousand pesos (P1,000), and a research fee of Twenty pesos (P20.00) shall be charged for each manifestation.
Sec. 9. Receiving and recording of petitions for registration and manifestation to participate. -Upon receipt of the requirements provided for in Sections 7 and 8 hereof, the Clerk of the Commission shall receive and acknowledge receipt of the petition for registration or manifestation to participate by stamping every copy of each petition or manifestation with the date and time of its receipt, and the signature of the officer who actually received the same. Petitions shall be docketed and a docket number shall be assigned therefor. A copy of each manifestation shall be forwarded to the Law Department for the preparation of the certified list of parties participating in the party-list election.
No petition for registration or manifestation to participate shall be received after 12:00 o’clock midnight of the dates provided for in Section 5 hereof.
Sec. 10. Procedure for registration. - Upon receipt of the petition for registration, the Clerk of the Commission shall determine if the petition is in due form and substance and verify the accuracy of the allegations therein. Within seven (7) days from the last day for the filing of petitions for registration, it shall submit all petitions received together with its findings and recommendations to the Commission en banc.
Upon receipt of the petition from the Clerk of the Commission, the Commission en banc shall require the petitioner to publish at his expense the petition in two (2) national newspapers of general circulation.
The commission, after due notice and hearing, shall resolve the petition within fifteen (15) days from the date it was submitted for decision but not later than one hundred twenty (120) days before election day.
Sec. 11. Grounds for removal or cancellation of registration. - The Commission may motu proprio or upon verified complaint of any interested party, remove or cancel after due notice and hearing the registration of any national, regional or sectoral party, organization or coalition, on any of the following grounds:
Or
indirectly
through third parties for partisan election purposes:
e. It
violates or fails to comply with laws, rules or regulations relating to
elections;
f. It
has made untruthful statements in its Petition; or
g. It
has ceased to exist for at least one (1) year from the time the
petition
is filed.
(b) Second copy, to the Commission en banc through the Chairman;
(c) Third copy, to the Law Department;
(d) Fourth copy, to the Election Records and Statistic Department; and
(e) Fifth copy, to the Comelec Secretary.
Sec. 14. Qualifications of nominees. A party-list nominee must be:
2. A registered voter;
3. A resident of the Philippines for a period of not less than one (1) year immediately preceding election day;
4. Able to read and write;
5. A bona fide member of the party he seeks to represent for at least ninety (90) days preceding election day; and
6. A least twenty-five (25) years of age on election day.
Sec. 15. Limitations to party-list nominations. - The following are the limitations to the list of nominees filed by a registered party:
A nominee who withdraws his acceptance to the nomination shall not be eligible for nomination by other parties.
Sec. 18. Substitution of nominees. - A party-list nominee may be substituted only when he dies, or his nomination is withdrawn by the party, or he becomes incapacitated to continue as such, or he withdraws his acceptance to the nomination. In any of these cases, the name of the substitute nominee shall be placed last in the list of nominees.
No substitution shall be allowed by reason of withdrawal after the close of polls.
Sec. 19. Nuisance party, organization or coalition. - The Commission may, motu proprio, or upon verified petition of an interested party, refuse to give due course to a petition for registration, if it is shown that said petition 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 registered parties, or by other circumstances or acts which clearly demonstrate that the petitioner has no bona fide intention to represent the sector for which the petition has been filed and thus prevent a faithful determination of the true will of the electorate.
A verified petition to declare a duly registered party as a nuisance party shall be signed by the President/Secretary General filed directly with the Clerk of the Commission, Commission on Elections in Manila, by any registered party within five (5) days from the last day for the filing of petitions for registration.
Sec. 20. Petition to deny due course to a petition for registration or to cancel a registration. - A verified petition seeking to deny due course to a petition for registration may be filed with the Clerk of the Commission, Commission on Elections in Manila, by any interested party within five (5) days from the last day of filing of petitions for registration or manifestation to participate, in case of parties already registered, on any of the grounds mentioned in Section 11 hereof.
Sec. 21. Delegation of reception of evidence. - In petitions to declare a party, organization or coalition as a nuisance, or to deny due course to a petition for registration, or to cancel a registration, the Commission may delegate the hearing and reception of evidence to any ranking lawyer of the Commission, who shall submit a report to the Commission through the Clerk of the Commission within three (3) days from the completion of such submission of evidence, which shall in no case be later than January 19, 2001.
Sec. 22. Disqualification after filing of petition for registration or manifestation to participate. - Any party, which in a petition for disqualification is found by the Commission of having committed any act declared by law to be a ground for disqualification, shall be disqualified from running under the party-list system, or from being proclaimed. Its nominees shall likewise be disqualified from holding office.
Sec. 23. Effect of disqualification. - Any party, which has been declared by final judgment to be disqualified, shall not be voted for and the votes cast for it shall not be counted. If, before the election a party is not, for any reason, declared by final judgment to be qualified and it is voted for and received the required number of votes in such election, the court or the Commission shall continue with the trial and hearing of the action, and upon motion of the complainant or intervenor, may during the pendency thereof, order the suspension of the proclamation of such party whenever the evidence of guilt is strong.
Sec. 24. Effectivity. - This resolution shall take effect on the seventh day following its publication in two (2) daily newspaper of general circulation.
Sec. 25. Dissemination.
- The Education and Information Department shall cause the
publication
of this resolution, and furnish copies hereof to all field offices of
the
Commission as well as to the President or Secretary-General of all
parties,
organizations of coalitions registered under the party-list system.
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