This
web page contains the full text ofCOMELEC
Resolution No. 3559-AIN
THE MATTER OF AMENDING RESOLUTION
NO. 3559 RELATIVE TO MOVING THE DEADLINE FOR THE FILING OF THE
CERTIFICATE
OF CANDIDACY IN CONNECTION WITH THE MAY 14, 2001 ELECTIONS.
COMELEC
RESOLUTION NO. 3559-AIN
THE MATTER OF AMENDING RESOLUTION
NO. 3559 RELATIVE TO MOVING THE DEADLINE FOR THE FILING OF THE
CERTIFICATE
OF CANDIDACY IN CONNECTION WITH THE MAY 14, 2001 ELECTIONS.
This is to
amend Resolution
No. 3559 entitled: IN THE MATTER OF MOVING THE DEADLINE FOR THE FILING
OF CERTIFICATE OF CANDIDACY IN CONNECTION WITH THE MAY 14, 2001
ELECTIONS
promulgated 5 February 2001, particularly Nos. 2 and 3 of the
dispositive
portion thereof.
Minute Resolution
No. 3559 reads as follows:chanroblesvirtuallawlibrary
"This
pertains
to the Urgent Petition filed by the following probable candidates for
the
May 14, 2001 National and Local Elections, namely:chanroblesvirtuallawlibrary
ALBERTO
G. ROMULO
Independent |
ANTONIO
V. CUENCO
Promdi |
EVERGISTO
G. MACATULAD
Aksyon
Demokratiko |
MANUEL
B. VILLAR
Independent |
JOSE
MA. A. RUFINO
Lakas-Nucd-Umdp |
JOEMARI
D. GEROCHI
Reporma |
FLORENCIO
B. ABAD
Liberal
Party |
FRANKLIN
M. DRILON
Laban Ng
Demokratikong
Pilipino |
and the joint
letter dated 22 January 2001 of Senators Juan Ponce Enrile and John V.
Qsmeña, re deadline for the filing of the Certificate of
Candidacy
of Congressional and other Local Candidates.
The Urgent Petition
reads:chanroblesvirtuallawlibrary
"The
undersigned
respectfully petition the Honorable Commission to fix a later deadline
for the filing of certificates of candidacy for the May 14, 2001
elections.
"Under Resolution
No. 3426 promulgated on 22 December 2000, the Honorable Commission
set the period for filing of the certificates of candidacy for all
elective
positions outside of the ARMM for the May 14, 2001 elections from
January
2 to February 12, 2001. Said Resolution
No. 3426 was issued pursuant to Section 28 of Republic
Act 8436 which provides:chanroblesvirtuallawlibrary
‘Sec. 28. Designation
of Other Dates for Certain Pre-election Acts. - If it shall no
longer
be reasonably possible to observe the periods and dates prescribed by
law
for certain pre-election acts, the Commission shall fix other periods
and
dates in order to ensure accomplishment of activities so voters shall
not
be deprived of their suffrage.’
"The period
for
filing the certificates of candidacy provided under Resolution
No. 3426 is evidently for the purpose of giving the Honorable
Commission
a period of one hundred twenty (120) days before the elections to cause
the printing of ballots already bearing the names of the candidates
which
shall be used under an Automated Election System.
"Resolution
No. 3426 clearly states in its preamble that the Automated Election
System envisioned under Republic
Act. No. 8436 shall be implemented only in certain selected areas
in
the country for the May 14, 2001 elections. For this reason, the basis
for setting the period for filing of the certificates of candidacy from
January 2 to February 12, 2001 no longer exists with respect to
congressional
and other local candidates.
"Consequently,
the undersigned respectfully petition the Honorable Commission to fix a
later deadline for the filing of certificates of candidacy as follows:chanroblesvirtuallawlibrary
‘For
Congressional
and Local Candidates: March 29, 2001’
"The
aforementioned
deadline is in accordance with the provisions of Republic
Act No. 7166 which law governs elections that are not conducted
under
the Automated Election System.
"In the
interest
of having honest, orderly and peaceful elections at a time when the
country
is facing a serious political crisis, the undersigned respectfully
request
an immediate resolution by the Honorable Commission of the foregoing
urgent
petition.
"If
necessary,
the undersigned wish to have a conference regarding the foregoing
matter
at the soonest available date most convenient for the members of the
Honorable
Commission."
"The Joint
Letter
of Senators Enrile and Osmeña reads:chanroblesvirtuallawlibrary
"We the
undersigned
are earnestly requesting the deferment of the deadline for filing of
Certificates
of Candidacies for all local elective positions until Wednesday, 14
March
2001. The need for the early filing of certificates of candidacies for
local positions is negated by the fact that the proposed
computerization
program of the Honorable Commission will not push through."
In view thereof,
the Commission resolved as it hereby resolves as follows:chanroblesvirtuallawlibrary
"1. To move
the date for the deadline of the filing of Certificates of Candidacy,
to
wit:chanroblesvirtuallawlibrary
(a) From
February
12, 2001 to February 28, 2001 - for Congressional and Local elective
positions
outside of the ARMM.
(b) From
January
14, 2001 to February 12, 2001 - for Regional, Congressional and local
elective
positions in the ARMM.
2. To move
the last day to submit Certificate of Nomination of candidates of
registered
political parties for Regional (ARMM), Congressional and Local elective
positions from February 12, 2001 to February 28, 2001;
3. To move
the
last day to file petitions to deny due course or cancel a certificate
of
candidacy and to file a petition to declare as nuisance a registered
candidate
from February 17, 2001 to March 5, 2001."
The Commission,
resolved, as it hereby resolves, to amend Nos. 2 and 3 of the
dispositive
portion of the above-quoted Comelec
Resolution No. 3559, now to read as follows:chanroblesvirtuallawlibrary
"2. TO MOVE
THE LAST DAY TO SUBMIT CERTIFICATE OF NOMINATION OF CANDIDATES OF
REGISTERED
POLITICAL PARTIES FOR CONGRESSIONAL AND LOCAL ELECTIVE POSITIONS
OUTSIDE
OF THE ARMM FROM FEBRUARY 12, 2001 TO FEBRUARY 28, 2001; AND FOR
REGIONAL,
CONGRESSIONAL AND LOCAL ELECTIVE POSITIONS IN THE ARMM FROM JANUARY 14,
2001 TO FEBRUARY 12, 2001;
"3. TO
MOVE
THE LAST DAY TO FILE PETITIONS TO DENY DUE COURSE OR CANCEL A
CERTIFICATE
OF CANDIDACY AND TO FILE A PETITION TO DECLARE AS NUISANCE A REGISTERED
CANDIDATE OUTSIDE OF THE ARMM FROM FEBRUARY 17, 2001 TO MARCH 5, 2001;
AND FOR REGIONAL, CONGRESSIONAL AND LOCAL ELECTIVE POSITIONS IN THE
ARMM,
FROM JANUARY 19, 2001 TO FEBRUARY 17, 2001."
Let the Executive
Director implement this resolution and the Education & Information
Department to cause the publication hereof in two (2) newspapers of
general
circulation.
SO ORDERED.
(Sgd.)
RUFINO S.B. JAVIER, Acting Chairman
(Sgd.)
LUZVIMINDA G. TANCANGCO, Commissioner
(Sgd.)
RALPH C. LANTION, Commissioner
(Sgd.)
MEHOL K. SADAIN, Commissioner
Promulgated:
06 February 2001.
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