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ELECTION LAWS
OF THE PHILIPPINES
Full Text

  This web page contains the full text of
COMELEC Resolution No. 3402
RULES DELEGATING TO COMELEC FIELD OFFICIALS THE HEARING AND RECEPTION OF EVIDENCE OF DISQUALIFICATION CASES FILED IN CONNECTION WITH THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS.
 
COMELEC RESOLUTION NO. 3402
RULES DELEGATING TO COMELEC FIELD OFFICIALS THE HEARING AND RECEPTION OF EVIDENCE OF DISQUALIFICATION CASES FILED IN CONNECTION WITH THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS.
 
 
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 promulgates the following rules:chanroblesvirtuallawlibrary

Section 1. Delegation of reception of evidence. - The Commission hereby designates its field officials who are members of the Philippine Bar to hear and receive evidence in the following petitions:chanroblesvirtuallawlibrary

    (a) Petition to deny due course or to cancel Certificate of Candidacy;

    (b) Petition to declare a nuisance candidate;

    (c) Petition to disqualify a candidate pursuant to Sec. 68 of the Omnibus Election Code and disqualify a candidate for lack of qualifications on possessing same grounds for disqualification; and

    (d) Petition to disqualify a candidate engaged in gunrunning, using and transporting of firearms or in organizing special strike forces.

Petitions involving Senators and Party-List Organizations shall be heard by the Commission en banc.

Sec. 2. Suspension of the Comelec rules of procedure. - In the interest of justice and in order to attain speedy disposition of cases, the Comelec Rules of Procedure or any portion thereof inconsistent herewith is hereby suspended.

Sec. 3. Where to file petitions. - The petitions shall be filed with the following offices of the Commission:chanroblesvirtuallawlibrary

    (a) For Senator and Party-List Organizations, with the Clerk of the Commission, Commission on Elections in Manila;.

    (b) For Member of the House of Representatives and local positions in the National Capital Region, with the Regional Election Director of said region;

    (c) For ARMM Governor and Vice-Governor, with the Regional Election Director of the region where the certificate of candidacy was filed; and

    (d) For all other positions, with the Provincial Election Supervisor concerned.

Sec. 4. Procedure in filing petitions. - For purposes of the preceding section, the following procedure shall be observed:chanroblesvirtuallawlibrary
 
A. PETITION TO DENY DUE COURSE OR TO CANCEL CERTIFICATE OF CANDIDACY
 
(1) A verified petition to deny due course or to cancel certificate of candidacy may be filed at any time not later than twenty-five (25) days from time of the filing of the certificate of candidacy but within five (5) days from the last day of filing certificates of candidacy;

(2) The petition shall be filed in ten (10) legible copies with the offices mentioned In Sec. 3 by any citizen of voting age or a duly registered political party, organization, or coalition of political parties on the exclusive ground that any material representation contained therein as required by law is false;

(3) Upon payment of the filing fee of P1,000.00 and legal research fee of P20.00, the offices concerned 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 with the corresponding initial of the name of the office, i.e. SPA (RED) No. A01-001; SPA (PES) No. A01-001;

(4) Within three (3) days from filing of the petition, the offices concerned shall issue summons to the respondent candidate together with a copy of the petition and its enclosures, if any;

(5) The respondent shall be given three (3) days from receipt of summons within which to file his verified answer (not a motion to dismiss) to the petition in ten (10) legible copies serving a copy thereof upon the petitioner.  Grounds for Motion to Dismiss may be raised as an affirmative defense;

(6) The proceeding shall be summary in nature. In lieu of the testimonies, the parties shall submit their affidavits or counter-affidavits and other documentary evidence including their position paper;

(7) The hearing must be completed within ten (10) days from the date of the filing of the answer. The hearing officer concerned shall submit to the Clerk of the Commission through the fastest means of communication, his findings, reports and recommendations within five (5) days from the completion of the hearing and reception of evidence together with the complete records of the case;

(8) Upon receipt of the records of the case and the findings, reports and recommendations of the hearing officer concerned, the Clerk of the Commission shall immediately docket the case consecutively and calendar the same for raffle to a division;

(9) The division to whom the case is raffled shall, after consultation, assign the same to a member who shall pen the decision within five (5) days from date of consultation.
 

B. PETITION TO DECLARE A NUISANCE CANDIDATE
 
(1) The verified petition to declare a nuisance candidate must be filed within five (5) days following 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 with the offices mentioned in Sec. 3 by any candidate for the same office on the following grounds:chanroblesvirtuallawlibrary

    2.a The certificate of candidacy was filed to put the election process in mockery or disrepute;

    2.b The certificate of candidacy causes confusion among the voters by similarity of names of the registered candidates;

    2.c By other acts or circumstances clearly demonstrating that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed.

(3) Upon payment of the filing fee of P1,000.00 and legal research fee of P20.00, the offices concerned 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 the corresponding initial of the name of the office, i.e. SPA (RED) No. 801-001; SPA (PES) No. B01-001

(4) Within three (3) days from filing of the petition, the offices concerned shall issue summons to the respondent candidate together with a copy of the petition and its enclosures, if any;

(5) The respondent shall be given three (3) days from receipt of summons within which to file his verified answer (not a motion to dismiss) to the petition in ten (10) legible copies, serving a copy thereof upon the petitioner. Grounds of Motion to dismiss may be raised as affirmative defense;

(6) The proceeding shall be summary in nature. In lieu of the testimonies, the parties shall submit their affidavits or counter-affidavits and other documentary evidence including their position paper;

(7) The hearing must be completed within ten (10) days from the date of the filing of the answer. The hearing officer concerned shall submit to the Clerk of the Commission through the fastest means of communication, his findings, reports and recommendations within five (5) days from the completion of the hearing and reception of evidence together with the records of the case;

(8) Upon receipt of the records of the case and the findings, reports and recommendations of the hearing officer concerned, the Clerk of the Commission shall immediately docket the case consecutively and calendar the same for raffle to a division;

(9) The division to whom the case is raffled shall, after consultation assign the same to a member who shall pen the decision within five (5) days from date of consultation.
 

C. PETITION TO DISQUALIFY A CANDIDATE PURSUANT TO SEC. 68 OF THE OMNIBUS ELECTION CODE AND PETITION TO DISQUALIFY FOR LACK OF QUALIFICATIONS OR POSSESSING SAME GROUNDS FOR DISQUALIFICATION.
 
(1) The verified petition to disqualify a candidate pursuant to Sec. 68 of the Omnibus Election Code and the verified petition to disqualify a candidate for lack of qualifications or possessing same grounds for disqualification, may be filed 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 Sec. 68 of the Omnibus Election Code shall be filed in ten (10) legible copies 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:chanroblesvirtuallawlibrary

    2.a having given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions;

    2.b having committed acts of terrorism to enhance his candidacy;

    2.c having spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code;

    2.d having solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104 of the Omnibus Election Code;

    2.e having violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, sub-paragraph 6 of the Omnibus Election Code, 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 (or lack of qualification or possessing same grounds for disqualification, shall be filed in ten (10) legible copies with the concerned office mentioned in Sec. 3 by any citizen of voting age, or duly registered political party, organization or coalition of political parties on the grounds that any candidate does not possess all the qualifications of a candidate as provided for by the constitution or by existing law or who possesses some grounds for disqualification as follows:chanroblesvirtuallawlibrary
    3.a for not being a citizen of the Philippines;

    3.b for being a permanent resident of or an immigrant of a foreign country;

    3.c for lack of age;

    3.d for lack of residence;

    3.e for not being a registered voter;

    3.f for not being able to read and write;

    3.g for not being a bona fide member of the party or organization which a nominee seeks to represent for at least ninety (90) days preceding the day of the election. (for party-list nominee).

(4) Upon payment of the filing fee of P1,000.00 and legal research fee of P20.00, the offices concerned 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 with the corresponding initial of the name of the office, i.e. SPA (RED) No. C01-001; SPA (PES) No. C01-0O1;

(5) Within three (3) days from filing of the petitions, the offices concerned shall issue summons to the respondent candidate together with a copy of the petition and its enclosures, If any;

(6) The respondent shall be given three (3) days from receipt of summons within which to file his verified answer (not a motion to dismiss) to the petition in ten (10) legible copies, serving a copy thereof 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 the testimonies, the parties shall submit their affidavits or counter-affidavits and other documentary evidences including their position paper;

(8) The hearing must be completed within ten (10) days from the date of the filing of the answer. The hearing officer concerned shall submit to the Clerk of the Commission through the fastest means of communication, his findings, reports and recommendations within five (5) days from the completion of the hearing and reception of evidence together with the complete records of the case;

(9) Upon receipt of the records of the case of the findings, reports and recommendation of the hearing officer concerned, the Clerk of the Commission shall immediately docket the case consecutively and calendar the same for raffle to a division;

(10) The division to whom the case is raffled, shall after consultation, assign the same to a member who shall pen the decision, within five (5) days from the date of consultation.
 

D. PETITION TO DISQUALIFY A CANDIDATE ENGAGED IN GUN RUNNING, USING AND TRANSPORTING OF FIREARMS OR IN ORGANIZING SPECIAL STRIKE FORCES
 
(1) The verified petition to disqualify a candidate engaged in gun running, using and transporting of firearms or in organizing special strike forces may be filed at any day after the filing of the certificate of candidacy but not later than the date of proclamation;

(2) The petition shall be filed in ten (10) legible copies with the officer mentioned in Sec. 3 against any candidate by any citizen of voting age on the following grounds:chanroblesvirtuallawlibrary

    2.a By engaging directly or indirectly in gun running, using or transporting of firearms including "paltik" or homemade guns;

    2.b By organizing or using private armies or special strike forces at any time during the election period.

(3) Upon payment of the filing fee of P1,000.00 and legal research fee of P20.00, the offices concerned shall docket the petition and assign to it a docket number which must be consecutive, according to the date of receipt and must bear the year and prefixed as SPA with the corresponding initial of the name of the office, i.e. SPA (RED) No. D01-001; SPA (PES) No. D01—001;

(4) Within three (3) days from filing of the petition, the offices concerned shall issue summons to the respondent candidate together with a copy of the petition and its enclosures, if any;

(5) The respondent shall be given three (3) days from receipt of summons within which to file his verified answer (not a motion to dismiss) to the petition in ten (10) legible copies, serving a copy thereof upon the petitioner. Grounds of Motion to dismiss may be raised as affirmative defense;

(6) The proceeding shall be summary in nature. In lieu of the testimonies, the parties shall submit their affidavits or counter-affidavits and other documentary evidence including their position paper;

(7) The hearing must be completed within ten (10) days from the date of the filing of the answer. The hearing officer concerned shall immediately submit to the Clerk of the Commission through the fastest means of communication, his findings, reports and recommendations within five (5) days from the completion of the hearing and reception of evidence together with the records of the case;

(8) Upon receipt of the records of the case and the findings, reports and recommendations of the hearing officer concerned, the Clerk of the Commission shall immediately docket the case consecutively and calendar the same for raffle to a division;

(9) The division to whom the case is raffled shall, after consultation assign the same to a member who shall pen the decision within five (5) days from the date of consultation.

Sec. 5. Effectivity. - This resolution shall take effect on the seventh (7th) day after its publication in two (2) newspapers of general circulation.

Sec. 6. The Education and Information Department, this Commission, shall cause the publication of this resolution in two (2) newspapers of general circulation.

Sec. 7. Dissemination. - The Deputy Executive Director for Operations shall furnish copies of this resolution to the Regional Election Directors, Provincial Election Supervisors, Election Officers of this Commission and give it the widest dissemination possible.

 
 
 

(Sgd.) HARRIET O. DEMETRIOU, Chairman
(Sgd.) JULIO F. DESAMITO, Commissioner
(On Official Business) TERESITA DY-LIACCO FLORES, Commissioner
(Sgd.) LUZVIMINDA G. TANCANGCO, Commissioner
(Sgd.) RALPH C. LANTION, Commissioner
(On Official Business) RUFINO S.B. JAVIER, Commissioner
(Sgd.) MEHOL K. SADAIN, Commissioner
 
 
Promulgated: 15 December 2000.
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