Promulgation: 13 September 2017
GUIDELINES ON THE FILING OF CERTIFICATE OF CANDIDACY IN CONNECTION WITH
THE OCTOBER 23, 2017 SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS
The Commission on Elections, by
virtue of the 1987 Constitution, the Omnibus Election Code, Republic Act
Nos. 7160, 9164, 9340 and 10742, 10173, 10656, 10923 and other election laws,
hereby RESOLVED as it hereby RESOLVES to
promulgate the following guidelines on the filing of Certificates of Candidacy
(COCs) in connection with the October 23, 2017 Synchronized Barangay and
Sangguniang Kabataan Elections.
SECTION 1. Officials to be
Elected. - The officials to be elected in each Barangay are the following:
a. For the Barangay Elections:
One (1) Punong Barangay and seven (7) Members of the Sangguniang
Barangay (SB).
SECTION 2. Qualifications for
Punong Barangay and Member, Sangguiang Barangay (SB). -
a. A citizen of the
Philippines;
b. A registered voter
in the Barangay where he intends to be elected;
c. A resident therein
for at least one (1) year immediately preceding the day of the election;
d. Able to read and
write Filipino or any other local language or dialect; and
e. At least 18 years
of age on election day;
SECTION 3. Qualifications for
Chairperson and Member, SK -
a. A citizen of the
Philippines;
b. A qualified voter
of the Katipunan ng Kabataan (KK);
c. A resident of
the Barangay for not less than one (1) year immediately
preceding the day of the ellections;
d. At least eighteen
(18) years but not more than twenty four (24) years of age on the day of the
elections;
e. Able to read and
write Filipino, English or the local dialect;
f. Must not be related
within the 2nd civil degree of consanguinity or affinity to any incumbent
elected national official or to any incumbent elected regional, provincial,
city, municipal, or barangay official in the locality where
aspirant seeks to be elected.
g. Must not have been
convicted by final judgment of any crime involving moral turpitude.
SECTION 4. Certificate of
Candidacy. - No person may run for the position of Punong Barangay,
SB Member, Chairperson, or SK Member unless such aspirant accomplishes
a sworn COC in the form prescribed by the Commission.
No person shall be eligible to run
for more than one office to be filled in the same election.
SECTION 5. Effect of Filing a
COC for More Than One Office. - An aspirant who files a COC
for more than one office shall not be eligible for any of them. However, the
aspirant may personally, or through an authorized representative, file with the
Office of the Election Officer concerned, a sworn Statement of Cancellation to
maintain the desired office and cancel the COC for the other office or
office/s, stating the reasons therefor, before the expiration of the period for
the filing of COC.
SECTION 6. Contents and Form
of Statement of Cancellation if Not Personally Filed. - An aspirant
or an authorized representative of an aspirant, may file the Statement of
Cancellation, provided that the authorized representative shall present an
originally signed Authority to Submit Statement of Cancellation. The originally
signed Authority to Submit Statement of Cancellation shall be under oath and
containing the specimen signature of both the principal and the agent.
Sample forms of the Statement
of Cancellation and Authority to Submit Statement of
Cancellation are attached as Annexes "A" and
"A-1",
respectively.
SECTION 7. Contents and Forms
of Certificate of Candidacy. - The COC shall be under oath
and shall state:
I.
Common Contents
a.
office aspired for;
b.
name of the aspirant;
c.
age;
d.
sex;
e.
civil status;
f.
place and date of birth;
g.
citizenship;
h.
execution of a sworn renunciation of foreign citizenship (if
applicable);
i.
if married, the name of the spouse;
j.
address for election purposes;
k.
legal residence, giving the exact address and the number of years
residing in the Barangay where the aspirant intends to be
elected up to the day before the election;
l.
the barangay, city or municipality and province where the aspirant is a
registered voter;
m.
profession or occupation;
n.
that the aspirant is eligible for said office;
o.
that aspirant is not a member of any political party, group or coalition
of political parties;
p.
that the aspirant is not a permanent resident or an immigrant to a
foreign country;
q.
that the aspirant will file, with the Commission, within 30 days after
Election Day, a full, true and itemized Statement of Contributions and
Expenditures (SOCE) in connection with the election;
r.
that the aspirant will support and defend the Constitution of the Republic of the
Philippines and will maintain true faith and allegiance thereto;
s.
that the aspirant will obey the laws, legal orders, decrees,
resolutions, rules and regulations proimulgated and issued by the
duly-constituted authorities;
t.
that the aspirant assumes the foregoing obligations voluntarily without
mental reservation or purpose of evasion;
u.
that the aspirant gives consent to the processing of the information
stated herein by the commilssion on elections for election and other purposes
as may be provided by law, such as B.P. Blg. 881 and R.A. No. 10173 also known as the Data
Privacy Act of 2012, among others.;
v.
that the facts stated in the certificate are true and correct to the
best of the aspirant's knowledge;
II.
Contents applicable only to SK Positions
a.
that aspirant is a qualified voter of the Katipunan ng Kabataan of
the Barangay he seeks to be elected;
b.
that aspirant is not related within the 2nd civil degree of
consanguinity or affinity to any incumbent elected national official or to any
incumbent elected regional, provincial, city, municipal, or Barangay official in
the locality where aspirant seek to be elected to; and
c.
that aspirant is not convicted by final judgment of any crime involving
moral turpitude.
Unless there was an official change
of name through a court-approved proceeding, an aspirant shall use in the COC:
(1) the name registered in the Office of the Local Civil Registrar; (2) the
name by which such aspirant has been baptized; or (3) any other name under the
provisions of existing law or in the case of a Muslim, a Hadji name after
performing the prescribed religious pilgrimage. However, when there are two or
more aspirants for an office with the same name and surname, each aspirant,
shall need to state a paternal and maternal surname, except the incumbent who
may continue to use the name and surname stated in the COC when last elected.
An aspirant may include one nickname
or stage name by which aspirant is generally or popularly known in their
locality; Provided, that no aspirant shall use the nickname or stage name of
another. Only one nickname or stage name shall be considered.
An aspirant shall also affix a
passport-size photograph taken within the last six months; and at the
aspirant's option, a bio-data and program of government not exceeding 100
words.
A P15.00 documentary stamp shall be
attached to the COC.
The COC shall be sworn before a
Notary Public or any official authorized to administer oath.
SECTION 8. Where to File
Certificate of Candidacy. - The COC shall be filed in
THREE (3) LEGIBLE COPIES with the Office of the City/Municipal Election Officer
having jurisdiction over the Barangay where the aspirant seeks to be elected.
In cities/ municipalities where there
are two or more Election Officers, the COC shall be filed with the Office of
the Election Officer of the District having jurisdiction over the
aspirant's Barangay.
Any COC filed with the incorrect
Office shall be deemed as not filed. No COC filed by mail, electronic mail, or
facsimile shall be accepted.
The COC shall be filed by the
aspirant personally or through a duly authorized representative with a sworn
and signed Authority to File COC.
No filing fee shall be imposed for
the filing of the COC
A sample form of the Authority
to File COC is attached as Annex "C".
SECTION 9. Period for Filing
Certificate of Candidacy. - The COC shall be filed
from September 23-30, 2017, at 8:00 AM to 5:00 PM.
If at 4:45 PM of the last day of
filing of COCs, there are still persons intending to file COCs present inside
the Offices of the Election Officer concerned, the Receiving Officer shall
prepare a complete list containing the names of said persons, consecutively
numbered, and the time of listing. The aspirants shall make sure that their
COCs are complete before their names are listed.
The persons listed shall be called by
announcing each name in the order in which they are listed. Persons not present
when their names are called shall not be allowed to file their COCs.
A COC filed in accordance with this
procedure shall be stamped received at the time it was actually filed and
deemed filed on time.
SECTION 10. Effects of Filing
Certificate of Candidacy. -
1. Any person holding
a public appointive office or position, including active members of the Armed
Forces of the Philippines, and other officers and employees in government-owned
or controlled corporations, shall be considered ipso facto resigned
and must vacate the office at the start of the day of the filing of a COC.
2. Any person holding
an elective office or position shall not be considered resigned upon the filing
of a COC.
SECTION 11. Ministerial Duty of
Receiving and Acknowledging Receipt of Certificate of Candidacy; Recording. - The
Receiving Officer designated to receive COC shall have the ministerial duty to
receive and acknowledge receipt thereof; Provided that the
same are filed in conformity with these rules and regulations. They shall stamp
every copy of the COC with the date and actual time of receipt and affix their
signature thereon.
The Receiving Officer shall maintain
two (2) separate record books, one for those running for Barangaypositions
and another for those running for SK positions. They shall
enter in the appropriate record books, the following data, leaving no space
between entries
a. date and actual
time of receipt;
b. assigned
consecutive number;
c. full name of the
aspirant;
d. the office for
which the aspirant is running;
e. the number of
copies actually received;
f. the name of the
duly authorized representative, if the COC is not filed personally by the
aspirant; and
g. the name of the
Receiving Officer.
Without delay, on the last day after
the time allowed for the filing of the COC, the Receiving Officer shall
iimmediately close the record books by placing a line immediately after the
last entry and writing the word "closed". They shall then affix their
signature immediately below the word "closed" and indicate the date
and exact time of closing.
SECTION 12. Submission of the
Number of Candidates Who Filed their COC. - On a daily basis, the
Receiving Officer shall submit to ERSD, thru electronic mail, the number of
candidates who filed their COC, indicating their number per sex and per
position aspired for.
SECTION 13. Reports of the
Certificates of Candidacy Received. - The Head of the Receiving
Office shall:
1. print a Certified
List of Candidates as entered in the record books, affix a signature thereon
and submit it, through electronic mail (ersd@comelec.gov.ph) in
PDF format, to the Commission, through the Election Records and Statistics
Department (ERSD); and
2. using the program
and the format provided by the Information Technology Department (ITD), encode
the candidates' information and save the same in a compact disc (CD).
The Head of the Receiving Office
shall make sure that the candidate's information encoded are accurate
and complete as stated in the COC of the candidate.
The Receiving Officer shall submit,
through electronic mail, a Certified List of Candidates to the ERSD not later
than October 5, 2017.
SECTION 14. Preparation of the
Certified Consolidated List of Candidates. - Immediately
after the last day for filing of COCs, the Election Officer shall prepare a
certified consolidated list of all candidates in two (2) copies. The first copy
shall be retained by the Election Officer concerned while the second copy shall
be submitted pursuant to the instruction set forth in Section 15 hereof.
SECTION 15. Distribution of
Certificates of Candidacy. - Copies of the COC for the
Barangay and SK Officials shall be distributed as follows:
a. Original Copy, to
the ERSD, Commission on Elections, Manila;
b. Second Copy, to be
retained by the Election Officer for file; and
c. Third Copy, to be
retained by the aspirant.
SECTION 16. Delivery of
Certificates of Candidacy and Other Documents. - On or
before October 4, 2017, the Election Officer concerned shall submit the
following to the Provincial Election Supervisor or to the Regional Election
Director (RED), in case of the National Capital Region (NCR), who shall, in
turn, personally deliver, on October 5, 2017, the same to the ERSD:
1. Hard Copies of the
consolidated list of all candidates for the Barangay and Sangguniang
Kabataanelections for each barangay;
2. Record books;
3. Original copies of
the COC; and
4. CD.
SECTION 17. Posting of
Certified Consolidated List of Candidates. - At least
ten (10) days before Election Day or not later than October 13, 2017, the
Election Officer shall post copies of the certified consolidated lists of
candidates both for the Barangay and Sangguniang Kabataan Elections
in the Barangay Hall and in three (3) other conspicuous places
in the Barangay.
SECTION 18. Withdrawal of
Certificate of Candidacy. - Any person who has filed a
COC may withdraw the same at any time before Election Day, by personally filing
a sworn Statement of Withdrawal in triplicate copies with the Office where the
COC was filed. The Statement of Withdrawal shall be distributed in the same
manner as the COC, furnishing a copy or copies thereof to the Board(s) of
Election Tellers concerned.
No Statement of Withdrawal filed by a
person other than the aspirant or if filed by mail, electronic mail, or
facsimile shall be accepted.
The filing of a Statement of
Withdrawal of a COC shall not affect whatever civil, criminal or administrative
liability a candidate may have incurred.
A sample form of the Statement
of Withdrawal is attached as Annex "D".
SECTION 19. Forms. - All forms
mentioned herein are available at the COMELEC Offices for free and may be
photocopied, reproduced or downloaded from the COMELEC official website (www.comelec.gov.ph).
SECTION 20. Authority to Administer
Oath. - The Election Officers within their areas of jurisdiction shall
be allowed to administer oaths on the following:
a. Certificate of
Candidacy
b. Statement of
Cancellation
c. Statement of
Withdrawal
The Election Officers shall
administer the oaths, free of charge, even in their capacities as notaries
public.
SECTION 21. Effectivity. - This
Resolution shall take effect on the seventh day after its publication in two
daily newspapers of general circulation in the Philippines.
SECTION 22. Dissemination. - The
Education and Information Department shall cause the publication of this
Resolution in two daily newspapers of general circulation in the Philippines
and furnish copies of this Resolution to all field officials of the Commission
SO ORDERED.
SIGNED:
·
BAUTISTA, J. ANDRES D., Chairman
·
LIM, CHRISTIAN ROBERT S., Commissioner
·
PARREÑO, AL A., Commissioner
·
GUIA, LUIE TITO F., Commissioner
·
LIM, ARTHUR D., Commissioner
·
ABAS, SHERIFF M., Commissioner
ON OFFICIAL BUSINESS:
·
GUANZON, MA. ROWENA AMELIA V., Commissioner
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