RECEIVE EVIDENCE IN DISQUALIFICATION CASES FILED IN CONNECTION WITH THE FEBRUARY 04, 2012
SPECIAL ELECTIONS FOR MEMBER, HOUSE OF REPRESENTATIVES,SECOND
LEGISLATIVE DISTRICT OF THE PROVINCE OF ZAMBALES.
Promulgation: 07 December 2011
The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code and other election laws, RESOLVED, as hereby RESOLVES to promulgate, the following rules:
SECTION 1. Delegation of authority to hear and receive evidence. – The Commission on Elections (Commission) hereby designates its field officials who are members of the Philippine Bar to hear and receive evidence only for disqualification in the following Petitions:
To deny due course or to cancel Certificate of Candidacy;
To declare a candidate as a nuisance candidate;
To disqualify a candidate pursuant to Sec. 68 of the Omnibus Election Code; and
To disqualify a candidate for lack of qualifications or possessing some grounds for disqualification.
SEC. 2. Suspension of the Comelec Rules of Procedure. – In the interest of justice and in order to attain speedy disposition of cases, the application of 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 Office of the Provincial Election Supervisor (OPES).
No petitions for disqualification filed in offices other than the above shall be accepted.
SEC. 4. Petitions filed through mail or not in accordance with rules; Effect. – Petitions filed through mail and/or not in accordance with the herein rules shall not be accepted or docketed. However, petitioner may re-file the petition in accordance with the herein rules and before the lapse of the reglementary period provided for each petition.
SEC. 5. Procedure in filing petitions. – For purposes of the preceding section, the following procedure shall be observed:
- PETITION TO DENY DUE COURSE OR TO CANCEL CERTIFICATE OF CANDIDACY
A verified petition to deny due course or to cancel certificate of candidacy may be filed anytime but not later than twenty-five (25) days from the time of the filing of certificate of candidacy under Sec. 78 of the Omnibus Election Code (OEC).
The petition shall be filed in ten (10) legible copies, personally or through a duly authorized representative, with the OPES by any person of voting age exclusively on the ground that any material representation contained therein as required under Sec. 74 of the OEC, is false.
- PETITION TO DECLARE A NUISANCE CANDIDATE
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:
- The certificate of candidacy has been filed to put the election process in mockery or disrepute;
- The certificate of candidacy causes confusion among the voters by the similarity of the names
of the registered candidates;
- By other acts or circumstances which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent the faithful determination of the true will of the electorate.
- PETITION TO DISQUALIFY A CANDIDATE PURSUANT TO SEC. 68 OF THE OMNIBUS ELECTION CODE AND PETITION TO DISQUALIFY FOR LACK OF QUALIFICATIONS OR POSSESSING SOME GROUNDS FOR DISQUALIFICATIONS
A verified petition to disqualify a candidate pursuant to Sec. 68 of the OEC and the verified petition to disqualify
a candidate for lack of qualifications or possessing some grounds for disqualification may be filed on any day after the last day for filing of certificates of candidacy but not later than the date of proclamation.
- The petition to disqualify a candidate pursuant to Sec. 68 of the OEC shall be filed in ten (10) legible copies with the OPES, personally or through a duly authorized representative 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, having:
- Given money or other material consideration to influence, induce or corrupt the voters or public officials
performing electoral functions; or
- Committed acts of terrorism to enhance his candidacy; or
- Spent in his election campaign an amount in excess of that allowed by the OEC; or
- Solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104 of the OEC; or
- Violated any of Section 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc sub-paragraph 6 of the OEC,
shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office.
- The petition to disqualify a candidate for lack of qualification or possessing some grounds for disqualification, shall be filed in ten (10) legible copies with the OPES, personally or through duly authorized representative by any person of voting age, 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,
- Disqualification under existing election laws:
- For not being a citizen of the Philippines;
- For being a permanent resident of or an immigrant to a foreign country;
- For lack of the required age;
- For lack of residence;
- For not being a registered voter;
- For not being able to read and write;
- Disqualification under Sections 40 and 43 of the Local Government Code (RA 7160):
- Those sentenced by final judgment for an offense involving moral turpitude or of an offense punishable by one (1) year or more of imprisonment, within two (2) years after service of sentence;
- Those removed from office as a result of an administrative case;
- Those convicted by final judgment for violating the oath of allegiance to the Republic;
- Those with dual citizenship;
- Fugitives from justice in criminal or non-political cases here or abroad;
- Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code; and
- The insane or feeble-minded.
- Those who have been elected and served for more than three (3) consecutive terms in the same position.
- COMMON PROCEDURES
Petitioner shall, before filing of the petition, furnish a copy of the petition, through personal service, to the respondent. In case personal service is not feasible, or the respondent refuses to receive the petition or the respondents’ whereabouts cannot be ascertained, the petitioner shall execute an affidavit stating the reason or circumstances therefor.
Proof of service or the affidavit shall be attached to the petition to be filed with the appropriate office.
Upon payment of the filing fee of P3,000.00 and legal research fee of P50.00, 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 name of the office, i.e., SPA (PES) No. A12-0000.
No petition shall be docketed unless the requirements in the preceding paragraphs have been complied with.
Upon proper filing and docketing of the petition, the offices concerned shall, shall within one (1) calendar day issue summons with notice of hearing through personal service or telegram to the respondent and notice of hearing to the petitioner.
The hearing shall be set on the fifth (5th) day after service of summons.
The PES concerned shall utilized the services of the PNP to cause the personal service of summons within forty-eight (48) hours from the filing and docketing of the petition, in cases where personal service of the petition to the respondent was not feasible.
Within three (3) days from receipt of summons, the respondent shall, personally or through his authorized representative, file his verified answer (not a motion to dismiss) to the petition in ten (10) legible copies, with proof of personal service of answer upon the petitioner. Grounds for Motion to Dismiss may be raised as an affirmative defense;
The proceeding shall be summary in nature. In lieu of oral testimonies, the parties shall submit the affidavits of their witnesses and other documentary evidence together with their position papers or memoranda.
The Position Paper or Memorandum of each party shall contain the following:
A “Statement of the Case”, which is a clear and concise statement of the nature of the action, a summary of the documentary evidence, and other matters necessary to an understanding of the nature of the controversy;
A “Statement of the Issues”, which is a clear and concise statement of the issues;
The “Argument” which is a clear and concise presentation of the argument in support of each issue; and
The “Relief ” which is a specification of the judgment which the party seeks to obtain. The issues raised in his/its pleadings that are not included in the Memorandum shall be deemed waived or abandoned. The Commission may consider the memorandum alone in deciding or resolving the petition, said memorandum being a summation of the parties’ pleadings and documentary evidence.
The hearing must be completed within seven (7) days from the date of the filing of the answer. The hearing officer concerned shall, personally or through his authorized representative, submit to the Office of the Clerk of the Commission within three (3) days from the completion of the hearing and reception of evidence the complete records of the case;
Upon receipt of the case, the Clerk of the Commission shall immediately docket the case consecutively, and calendar the same for raffle to a Division;
The Division to which the case is raffled shall, after consultation, immediately assign the same through raffle, to a member who shall pen the decision within three (3) days from the date of consultation.
SEC. 6. Promulgation. – The promulgation of a decision or resolution of the Commission or a Division shall be made by filing or delivering a complete copy of the decision, resolution, order or ruling to the Clerk of the Commission concerned.
SEC. 7. Motion for Reconsideration. – A motion to reconsider a decision, resolution, order or ruling of a Division shall be filed within three (3) days from the promulgation thereof. Such motion, if not pro-forma suspends the execution for implementation of the decision, resolution, order and ruling.
Within twenty-four (24) hours from the filing thereof the Clerk of the Commission shall notify the Presiding Commissioner. The latter shall within two (2) days thereafter certify the case to the Commission en banc.
The Clerk of the Commission shall calendar the motion for reconsideration for the resolution of the Commission en banc within three (3) days from the certification thereof.
SEC. 8. Effectivity. – This Resolution shall take effect seven (7) days after its publication in two (2) daily newspapers of general circulation in the Philippines.
The Education and Information Department, this Commission, shall cause the publication in two (2) daily newspapers of general circulation in the Philippines.
SEC. 9. Dissemination. – The Deputy Executive Director for Operations shall furnish copies of this Resolution to the Regional Election Director of Region III, Provincial Election Supervisor of Zambales and the Election Officers of the Second Legislative District of Zambales.
|(Sgd.) SIXTO S. BRILLANTES, JR.
|(Sgd.) RENE V. SARMIENTO
|(Sgd.) LUCENITO N. TAGLE
|(Sgd.) ARMANDO C. VELASCO
|(Sgd.) ELIAS R. YUSOPH
|(Sgd.) CHRISTIAN ROBERT S. LIM
|(Sgd.) AUGUSTO C. LAGMAN
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