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This web
page
contains the full text ofRepublic
Act No. 8295June 6, 1997
AN ACT PROVIDING FOR THE
PROCLAMATION
OF A LONE CANDIDATE FOR ANY ELECTIVE OFFICE IN A SPECIAL ELECTION, AND
FOR OTHER PURPOSES
REPUBLIC
ACT NO. 8295
AN
ACT
PROVIDING FOR
THE PROCLAMATION OF A LONE CANDIDATE FOR ANY ELECTIVE OFFICE IN A
SPECIAL
ELECTION, AND FOR OTHER PURPOSES.
Section 1. Declaration of
policy. — It is hereby declared the policy of the State to provide
the people with adequate and constant governance and representation in
public affairs. Towards this end, the State shall ensure that, as much
as practicable, each and every elective position in the executive and
legislative
branches of government is occupied at all times at the least of cost to
government.
Sec. 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.
Sec. 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.
Sec. 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:cralaw:red
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.
Sec. 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.
Sec. 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.
Sec. 7. Implementing
authority. — The Commission on Elections shall, within fifteen (15)
days from the effectivity of this Act, promulgate rules and regulations
necessary to carry out the purpose of this Act.
Sec. 8. Separability
clause. — If for any reason or reasons, any Sec., provision of
this
Act, or any part thereof, or the application of such Sec., provision
or portion is declared or held unconstitutional or invalid, other parts
or the remainder thereof which are not affected thereby shall continue
to be in full force and effect.
Sec. 9. Repealing
clause. — All laws, decrees, executive orders, in whole or in
part,
particularly pertinent provisions of Republic Act Nos. 7160 and 7166,
including
the rules and regulations promulgated thereunder inconsistent with the
provisions of this Act, are hereby amended, repealed or modified
accordingly.
Sec. 10. Effectivity.
— This Act shall take effect fifteen (15) days after its publication in
two (2) national newspapers of general circulation.
Approved:
June 6, 1997
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