POLITICAL PARTY

DEFINITION

an organized group of citizens advocating an

ideology or platform, principles and policies for
the general conduct of government and which,
as the most immediate means of securing their
adoption, regularly nominates and supports
certain of its leaders and members as
candidates for public office
PURPOSE

The purpose of registration of political

parties with the COMELEC is to enable
them to:

Acquire juridical personality;

Qualify for subsequent accreditation; and
Entitle them to the rights and privileges
granted to political parties. (Sec. 60, BP 881)
RIGHT AND PRIVILEGES
GRANTED
A registered political party is entitled to the
following rights and privileges:

To be voted upon as a party, provided that it

is registered under the party-list system

To be entitled to a watcher in every

registration board
RIGHT AND PRIVILEGES
GRANTED

To have the right to inspect and/or copy at

their expense the accountable forms

Activation of such continuity and contingency

measures shall be undertaken in the presence
of representatives of political parties and
citizen's arm of the Commission
RIGHT AND PRIVILEGES
GRANTED

To examine and test the equipment of devices of

the automated election system

To be able to hold political conventions to

nominate their official candidate within thirty (30)
days before the start of the period for filing
certificate of candidacy

May assign watchers in the printing, storage and

distribution of official ballots
RIGHT AND PRIVILEGES
GRANTED

To received a furnish copy of the notice of

designation of counting counters to the
headquarters at least 3 weeks prior to election
day

Electronicallytransmit the precinct results

media or any other institution

To receive copies of the certificate of canvass,

with pertinent election returns attached thereto
RIGHT AND PRIVILEGES
GRANTED

To be entitled to one watcher in every polling

place and canvassing center

To have a recognized 6 principal watchers,

representing the 6 accredited major political
parties excluding the dominant majority and
minority parties

right to be present and to counsel during the

canvass of the election returns
PROCEDURE FOR
REGISTRATION

1. The political party seeking registration may file

with the COMELEC a verified petition attaching
thereto its constitution and by-laws, platform
or program of government and such other
relevant information as may be required by
the COMELEC.
PROCEDURE FOR
REGISTRATION

2. COMELEC shall require publication of the

petition for registration or accreditation in at
least three newspapers of general circulation.

3. After due notice and hearing, the COMELEC

shall resolve the petition within 10 days from
the date it is submitted for decision.
WHO MAY NOT BE
REGISTERED

1. Religious sects
2. Those which seeks to achieve their goals
through unlawful means
3. Those which refuse to adhere to the
Constitution
4. Those that are supported by any foreign
government
GROUNDS FOR CANCELLATION
OF REGISTRATION

1. Accepting financial contributions from foreign

governments or their agencies;

2. The party is a religious sect or denomination,

organization or association organized for
religious purposes (Sec. 6 (1), R.A. 7941);
GROUNDS FOR CANCELLATION
OF REGISTRATION

3. The party advocates violence or unlawful

means to seek its goal (Sec. 6 (2), R.A. 7941);

4. The party is a foreign party or organization

(Sec. 6 (3), R.A. 7941);
GROUNDS FOR CANCELLATION
OF REGISTRATION

5. Party is receiving support from any foreign

government, foreign political party,
foundation, organization, whether directly or
through any of its officers or members or
indirectly through third parties for partisan
election purposes
GROUNDS FOR CANCELLATION
OF REGISTRATION

6. The party violates or fails to comply with laws,

rules or regulations relating to elections (Sec.
6 (5), R. A. 7941);

7. The party declares untruthful statements in its

petition for registration (Sec. 6 (6), R.A. 7941);

8. The party has ceased to exist for at least 1

year (Sec. 6 (7), R.A. 7941);
GROUNDS FOR CANCELLATION
OF REGISTRATION

9. The party fails to participate in the last 2

preceding elections (Sec. 6 (8), R.A. 7941);

10. If registered under the party-list system, the

party fails to obtain at least 2% of the votes in
the 2 preceding elections for the constituency
in which it has registered. (Sec. 6 (8), R.A.
7941)
FORFEITURE OF STATUS

When?

fails to obtain at least 10% of the votes cast

in the constituency in which it nominated and
supported a candidate or candidates in the
election next following its registration
REPUBLICT ACT NO 7941

AN ACT PROVIDING FOR THE

ELECTION OF PARTY-LIST
REPRESENTATIVES THROUGH THE
PARTY-LIST SYSTEM, AND
APPROPRIATING FUNDS THEREFOR
DEFINITION

Party System - A free and open party system

shall be allowed to evolve according to the free
choice of the people. [Sec 2(5) Art. IX C, PC]

party-list system is a mechanism of proportional

representation in the election of representatives
to the House of Representatives from national,
regional and sectoral parties or organizations or
coalitions thereof registered with the COMELEC
PURPOSE

To promote proportional representation in which

voters choose among parties rather than among
candidates
to increase the representation, particularly of
marginalized and underrepresented sectors and
enhance transparency and accountability, leading to
more efficient government
To contribute to the formulation and enactment of
appropriate legislation that will benefit the nation as a
whole
PARAMETER OF PHILIPPINE
PARTY-LIST SYSTEM

1. 20% allocationparty list representatives

shall constitute 20% of total number of the
members of the House including those under
Party List

2. 2% thresholdonly those parties garnering a

minimum of 2% of the total valid votes cast
for Party-list system are qualified to have a
seat in the HR
PARAMETER OF PHILIPPINE
PARTY-LIST SYSTEM

3. 3 seat limit--each qualified party, regardless of

the number of votes it actually obtained, is
entitled to a maximum three seat; that is
qualifying and two additional seats.

4. Proportional representationadditional seats

which a qualified party is entitled to shall be
computed in proportion to their number of
votes
GUIDELINES FOR SCREENING
PARTY

1. Political party must represent the

marginalized and underrepresented groups
identified

2. Must comply with the declared statutory

policy of Filipino citizens belonging to
marginalized and underrepresented sectors to
be elected to the House of Representatives
GUIDELINES FOR SCREENING
PARTY

3. Religious sector may not be represented

in the party list system, except that
priest, imam or pastors may be elected
should they represent not heir religious
sect but the indigenous community
sector
GUIDELINES FOR SCREENING
PARTY

5. A party or an organization must not be

disqualified under Sec. 6, RA 7941;

6. The party organized must not be adjunct of, or

a project organized or an entity funded or
assisted by, the government;
GUIDELINES FOR SCREENING
PARTY

7. Must comply with the qualification

requirements of Sec. 9, RA 7941

8. Not only the candidate party or organization

must represent marginalized and
underrepresented sectors, so also must its
nominees
GUIDELINES FOR SCREENING
PARTY

9. Must be able to contribute to the formation

and enactment of appropriate legislation that
will benefit the nation as a whole
ELIGIBILITY OF CANDIDATES AND
CERTIFICATE OF CANDIDACY
QUALIFICATIONS
(President & V-President, Congress, Local Elective
Officials)

No person may be elected

PRESIDENT or VICE PRESIDENT
unless (NARRA)

Natural born citizen

Age (at least 40 years old)
Registered Voter
Residency (at least 10 years)
Able to Read and Write
QUALIFICATIONS
(President & V-President, Congress, Local Elective
Officials)

Congress: Member of the Batasang

Pambansa as provincial, city or district
representative (NARRA):

Natural born citizen

Age (at least 25 years old)
Registered voter
Residency (at least 6 months)
Able to Read and Write
QUALIFICATIONS
(President & V-President, Congress, Local Elective
Officials)

Congress: Sectoral Representative

(NARRAB)

Natural Born Citizen

Age (at least 25 years of age
Residency (at least one year)
Registered voter **
Able to Read and Write
Bona fide member of the sector
**in the case of a representative of the agricultural or industrial labor sector
QUALIFICATIONS
(President & V-President, Congress, Local Elective
Officials)

Congress: Youth Sectoral Representative

Same as sectoral representative except that:

Age (at least 18 years old not more than
25)**

**any youth sectoral representative who attains the age of twenty-five years during
his term shall be entitled to continue in office until the expiration of his term
QUALIFICATIONS
(President & V-President, Congress, Local Elective
Officials)

Local Elective Official (Sec 39. LGC)

(CARRA)

Citizen
Age (depending on what position)**
Registered voter (of the place he seeks to
be elected)
Resident (at least 1 year)
Able to Read and Write
QUALIFICATIONS
(President & V-President, Congress, Local Elective
Officials)

Local Elective Official (Sec 39. LGC)

**Age
All position if Highly Urbanized City
23 y. old

Mayor, VM of independent component

cities, component cities, or
municipalities21 y. old
QUALIFICATIONS
(President & V-President, Congress, Local Elective
Officials)

Local Elective Official (Sec 39. LGC)

cont

Position Member of S. Panlungsod &

Panlalawigan18 years old

Punong Barangay, S. Barangay 18 years old

Sangguniang Kabataan at least 15 but not

more than 21 years old
CITIZENSHIP

Who are the citizens?

Those who are citizens of the Philippines at the

time of the adoption of this Constitution;
Whose fathers OR mothers are citizens of the
Philippines
Born before Jan 17, 1973 of Filipino mothers,
who elect citizenship upon reaching age of
majority
Time to elect: 3 years after age of majority
Naturalized in accordance with law
Natural-born citizen

Who are the Natural-Born Citizen?

Phil. citizen by birth without performing

any act to acquire or perfect citizenship
Elect citizenship upon reaching age of
majority (born before Jan 17, 1973)
Tecson vs COMELEC

WON FPJ. is a natural-born citizen of

the Philippines

Yes. No distinction as whether legitimate

or illegitimate, so long as whose fathers
are Filipino citizens
VALLES v. COMELEC

Dual citizenqualified to run for

elective public office?
Facts: Rosalind Ybasco Loppez was born on
May 1934 in Werstern Australia, to a Filipino
Citizen father and an Australian Mother.
Was Rosalind a Filipino Citizen?
Held:
Yes. It is enough that they elect Filipino
citizen upon filing their certificate of
candidacy.
REPATRIATION

- The recovery of original citizenship.

Results in recovery of original

nationality
Citizenship will be restored to his
prior status
NBCgoes back to NBC; naturalized
goes back to naturalized
RESIDENCE vs DOMICILE

When Constitution speaks of RESIDENCE in

election law, it actually means only
domicile

Residencesimply requires bodily presence

in a given place

Domicileindividuals permanent home; a

place though one is absent, he has the
intent to return
DOMICILE

once acquired it is retained until a new one is

gained

DOMICILE includes the twin elements of:

1. The fact of residing or physical presence

in a fixed place;
2. Animus manendi
DOMICILE

Change of Domicile:

1. Actual removal or an actual change of

domicile
2. bona fide intention of abandoning the former
place of residence and establishing a new one
3. Acts which correspond with the purpose

**animus manendi coupled with animus non revertendi

(Domino v. Comelec)
MARCOS VS COMELEC

WON petitioner has satisfied the 1 year residency

requirement

Yes.
Minor follows domicile of her parents
Lost only after actual removal or an actual change of
domicile
does not automatically gain the husbands domicile
actions upon returning to the country clearly indicated
that she chose her domicile of origin
FILING OF CERTIFICATE OF
CANDIDACY

Who are candidates?

Any person
aspiring or seeking an elective public
office
filed a certificate of candidacy by himself
or through an accredited political party,
a groupment, or coalition of parties
FILING OF CERTIFICATE OF
CANDIDACY

Guest Candidacy

political party may nominate and/or

support candidates not belonging to
it
not applicable in cases of political
parties registered under the party-
list system
FILING OF CERTIFICATE OF
CANDIDACY

Purposeto be eligible in for any

elective public office

Mode of Filing
must be filed by the candidate
personally or by his duly authorized
representative
Certificate of candidacy not filed with
the correct offices shall not be accepted
FILING OF CERTIFICATE OF
CANDIDACY

Time of Filing
Commission shall set the deadline for the filing
of certificate of candidacy

Place of Filing
certificate of candidacy shall be filed in
FIVE (5) LEGIBLE COPIES
FILING OF CERTIFICATE OF
CANDIDACY

Place of Filing

President, VP, Senator: Law Department,

COMELEC
House of Rep in NCR: Regional Election
Director, NCR
House of Rep in provinces: Provincial Election
Supervisor
House of Rep in Cities, City/Municipal officials:
City Election Officer
CONTENTS OF CERTIFICATE
OF CANDIDACY

Sec. 74 of BP 881

The certificate of candidacy shall state the

following:

That the person filing the certificate is

announcing his candidacy for the office stated
therein and that he or she is eligible for such
office
CONTENTS OF CERTIFICATE
OF CANDIDACY

The political party to which the

candidate belongs;
Civil status;
Date of birth;
Residence;
Post office address for all election
purposes;
CONTENTS OF CERTIFICATE
OF CANDIDACY

Profession or occupation;
That he / she will support and defend the
Constitution of the Philippines and will
maintain faith and allegiance thereto;
CONTENTS OF CERTIFICATE
OF CANDIDACY

That he / she is not a permanent

resident or immigrant to a foreign
country;
That the obligation imposed by oath is
assumed voluntarily, without mental
reservation or purpose of evasion
CONTENTS OF CERTIFICATE
OF CANDIDACY

That the facts stated in the certificate of

candidacy are true to the best of his
knowledge.
Velasco vs COMELEC

Provisions regarding certificate of

candidacy: Mandatory before
election but directory afterwards
YASON vs COMELEC

COC may be corrected

Once COC are correctedcorrected
version is considered filed and not the
earlier one
EFFECTS OF FILING

Sec. 67 of BP 881 and the first proviso of

Sec. 11 of R.A. 8436 repealed by Sec. 14
of R.A. 9006 (Fair Election Act of 2001).

Sec. 6.6, R.A. 9006

WITHDRAWAL OF
CERTIFICATE OF CANDIDACY

May withdraw COC prior to election

Sec. 73, BP 881: candidate files a COC
for more than 1 officenot eligible for
any of them
Sec. 73, BP 881withdrawal shall not
affect whatever civil, criminal, or
administrative liabilities which a
candidate may have incurred
GROUNDS FOR
DISQUALIFICATION: Status

1. Lack of Filipino citizenship;

2. Lack of residency requirement;
3. Insanity or incompetence, as declared
by competent authority;
4. Permanent residence to foreign
countries
GROUNDS FOR
DISQUALIFICATION: Acts

1. Sentence by final judgment for:

.Subversion, insurrection, rebellion;

.Any offense for which the candidate has

been sentenced to a penalty of more than
18 months of imprisonment;

.Any offense involving

GROUNDS FOR
DISQUALIFICATION: Acts
Any offense involving moral turpitude;

Having given money or other material consideration

to influence, induce or corrupt the voters or public
officials performing electoral functions (Sec. 68a, BP
881);

Having committed acts of terrorism to enhance his

candidacy (Sec. 68b, BP 881);

Having spent in his election campaign an amount in

excess of that allowed by the Omnibus Election Code
(Sec. 68c, BP 881);
GROUNDS FOR
DISQUALIFICATION: Acts
Havingsolicited, received or made any
contribution prohibited under the
Omnibus Election Code (Sec. 68d, BP
881; cf. Secs. 89, 95, 96, 97 and 104);

Having engaged in election campaign or

partisan political activity outside the
campaign period and not pursuant to a
political party nomination (Sec. 68e, BP
881, cf. Sec. 80);
GROUNDS FOR
DISQUALIFICATION: Acts
Having removed, destroyed, obliterated, defaced or
tampered with or prevented the distribution of lawful
election propaganda (Sec. 68e, BP 881, cf. Sec. 83);

Havingviolated the rules and regulations on election

propaganda through mass media (Sec. 68e, BP 881, cf.
Sec. 86);

Having coerced, intimidated, compelled, or in any manner

influenced, directly or indirectly, any of his subordinates
or members, or employees, etc. to aid, campaign or vote
for or against any candidate or any aspirant for the
nomination or selection of candidates (Sec. 68e, BP 881,
cf. Sec. 261d);
GROUNDS FOR
DISQUALIFICATION: Acts
Having directly or indirectly threatened, intimidated, or
actually caused, inflicted or produced any violence,
injury, punishment, damage, loss or disadvantage upon
any person or that of the immediate members of his
family, his honor or property, or used any fraudulent
device or scheme to compel or induce or prevent the
registration of any voter, or the participation in any
campaign, or the casting of any vote, or any promise of
such registration, campaign, vote, or omission
therefrom (Sec. 68e, BP 881, cf. Sec. 261e);

Havingengaged in unlawful electioneering (Sec. 68e,

BP 881, cf. Sec. 261k);
GROUNDS FOR
DISQUALIFICATION: Acts
Having violated the prohibition against
release, disbursement or expenditure of
public funds 45 days before a regular
election (or 30 days in the case of a special
election) (Sec. 68e, BP 881, cf. Sec. 261v);
Having solicited votes or undertaken any
propaganda on the day of election for or
against any candidate or any political party
within the polling place or within a radius of
30 m. thereof (Sec. 68e, BP 881, cf. Sec.
251cc)
Disqualifications under the
Local Government Code

Those sentenced by final judgment

for an offense punishable by one
year or more of imprisonment and
within 2 years after serving
sentence.

Those removed from office as a

result of an administrative case.
Disqualifications under the
Local Government Code

Those convicted by final judgment

for violating the oath of allegiance to
the Republic of the Philippines.
Those with dual citizenship.

Fugitives from justice in criminal and

non-political cases here and abroad.
Disqualifications under the
Local Government Code

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.

Those
who are insane or feeble-
minded.
Special Disqualifications
under the Lone Candidate Law

The following persons are

disqualified from running in a special
election called to fill the vacancy in
an elective office, provided that
evidence of their guilt is strong
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
Special Disqualifications
under the Lone Candidate Law

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.
GROUNDS FOR DISQUALIFICATION:
Nuisance Candidacy

A nuisance candidate is one who files

a certificate of candidacy:

To put the election process in mockery or

disrepute; or
To cause confusion among the voters; or
Clearly demonstrating that he/she has no
bona fide intention to run for the office
GROUNDS FOR DISQUALIFICATION:
Nuisance Candidacy

Nature of Proceedings

Proceedings are summary in nature

parties may be required to submit
position papers together with affidavits
or counter-affidavits and other
documentary evidence
GROUNDS FOR DISQUALIFICATION:
Nuisance Candidacy

Nature of Proceedings

Proceedings are summary in nature

parties may be required to submit
position papers together with affidavits
or counter-affidavits and other
documentary evidence
GROUNDS FOR DISQUALIFICATION:
Nuisance Candidacy

Period of Filing

Filed personally or through an authorized

representative, within five (5) days from
the last day for the filing of certificates
of candidacy
GROUNDS FOR DISQUALIFICATION:
Nuisance Candidacy

Procedure

1. File with the COMELEC within 5 days from the

last day for the filing of certificates of
candidacythrough mail not allowed

2. 3 days from the filing of the petition, the

COMELEC shall issue summons to the
respondent candidate
GROUNDS FOR DISQUALIFICATION:
Nuisance Candidacy

3. Respondent shall then have 3 days from

receipt of the summons to file his verified
answermotion to dismiss may be raised as
an affirmative defense

4. COMELEC may then designate any of its

officials who are lawyers to hear the case and
receive evidence
GROUNDS FOR DISQUALIFICATION:
Nuisance Candidacy

5. COMELEC shall then render its decision within

5 days from receipt of the findings of the
hearing officer

6. After 5 days from receipt of the parties, the

decision becomes final and executory unless
stayed by the Supreme Court
MARTINEZ vs HRET

WON the effect of declaring a candidate a

nuisance candidate takes effect one election
day, even if made after elections

YES. Laws and statutes governing election

contests especially appreciation of ballots must
be liberally construed to the end that the will of
the electorate in the choice of public officials
may not be defeated by technical infirmities.
JURISDICTION

COMELEC has exclusive original jurisdiction

over all contests relating to the elections,
returns, and qualifications
appellate jurisdiction over all contests
involving elective municipal officials decided by
trial courts of general jurisdiction (RTC), or
involving elective barangay officials decided by
trial courts of limited jurisdiction (MTC)
PETITION

Petition to Deny Due Course or to Cancel

Certificates of Candidacy (Rule 23, COMELEC
Rules of Procedure; Section 78 of BP 881)
Grounds:
False material representation in the certificate of
candidacy;

If the certificate filed is a substitute Certificate of

Candidacy, when it is not a proper case of
substitution under Sec. 77 of BP 881 (Sec. 2, Rule 24,
COMELEC Rules of Procedure)
Petition

Proceedings for cancellation or

denial of due course of a certificate
of candidacy are summary in
nature.
Petition

Procedure:
WHO MAY FILE: Any citizen of voting age,
or
A duly registered political party, organization,
or coalition of political parties

WHEN FILED: Within 5 days from the last

day for the filing of certificates of candidacy

WHERE FILED: With the Law Department of

the COMELEC
PETITION

2 instances questioning qualification may

be raised:

1. Before election, pursuant to Section 78

thereof
2. After election, pursuant to Section 253 thereof
(petition for quo warranto)
Petition

Petition for Disqualification

Who may File: Any citizen of the
Philippines which is of voting age, or
duly registered political party,
organization or coalition of political
parties
Where to file: COMELEC
When to File: any day after the last
day for filing of certificates of
candidacy but not later than the date
Petition

Nature of Proceedings
- summary

Effects if petition cannot be decided before the

completion of the canvass:
the votes cast for the respondent included in
the counting and canvassing however, if the
evidence of guilt is strong, his proclamation
shall be suspended notwithstanding the fact
that he received the winning number of votes
in such election.
EFFECTS OF
DISQUALIFICATION
If the death, disqualification or withdrawal
occurs:

after the last day for filing of the certificates

of candidacy ONLY a person belonging to,
and certified, by the same political party,
may file a certificate of candidacy to replace
him.
EFFECTS OF
DISQUALIFICATION
If the death, disqualification or withdrawal
occurs:

between the day before the election and mid-

day of the election day the certificate may
be filed with any Board of Election Inspectors
in the political subdivision where he is a
candidate or with the COMELEC if it is a
national position. (Sec. 77, BP 881)
SUBSTITUTION OF
CANDIDATES

Sec. 13, RESOLUTION No. 8678

may be substituted by a candidate belonging

to, and nominated by, the same political
party
No substitute shall be allowed for any
independent candidate
Substitute candidate may file his certificate of
candidacy up to mid-day of election day