RULES GOVERNING

DISQUALIFICATION CASES
BEFORE ELECTION
By: Vanessa C. Roa
 Commission on Elections, Rule 25 -
Disqualification of Candidates

Section 1. Grounds for Disqualification. - Any candidate

who does not possess all the qualifications of a
candidate as provided for by the Constitution or by
existing law or who commits any act declared by law to
be grounds for disqualification may be disqualified from
continuing as a candidate.
Section 2. Who May File Petition for Disqualification. -
Any citizen of voting age, or duly registered political
party, organization or coalition of political parties may
file with the Law Department of the Commission a
petition to disqualify a candidate on grounds provided
by law.
Section 3. Period to File Petition. - The petition shall be
filed any day after the last day for filing of certificates of
candidacy but not later than the date of proclamation.

Section 4. Summary Proceeding. - The petition shall be

heard summarily after due notice.
Section 5. Effect of Petition if Unresolved Before
Completion of Canvass. - If the petition, for reasons beyond
the control of the Commission, cannot be decided before
the completion of the canvass, the votes cast for the
respondent may be included in the counting and in the
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.
 Jurisprudence/Case Law
In Codilla v. De Venecia, G.R. No. 150605, 10 December 2002,
under Sec. 6 of R.A. 6646, the COMELEC can suspend
proclamation only when evidence of guilt is strong. In the case
at bar, the COMELEC second division did not make any specific
finding that evidence of petitioner’s guilt is strong. Its only
basis in suspending the proclamation of the petitioner is the
“seriousness of the allegations” in the petition for
disqualification.
In Diangka v. Comelec this Court held that:

Technical rules of evidence should not be rigorously applied in administrative

proceedings specially where the law calls for the proceeding to be summary
in character. Pursuant to Section 4, Rule 25 of the 1993 COMELEC Rules of
Procedure, petitions for disqualifications are subject to summary hearings. In
relation thereto, Section 3, Rule 17 of the said Rules provides that it remains
in the sound discretion of the COMELEC whether clarification questions are to
be asked the witnesses-affiants, and whether the adverse party is to be
granted opportunity to cross-examine said witnesses affiants. Furthermore,
when the COMELEC en banc reviews and evaluates a party’s petition, or as in
the case at bar, a party’s answer and the supporting papers attached thereto,
the same is tantamount to a fair “hearing” of his case.
 Illustration/Example
Juan Heussaff has all the qualifications to run for Mayor. Meanwhile
during the campaign period he secretly went to the province to give
money to the voters. His opponent’s team, Anne Cortez found out
about it and the news reached her instantly. Anne Cortez didn’t take
long in filing a petition for disqualification on the ground that her
opponent performed the act of vote-buying which violated Sec. 68 of
OEC, that he has given money to influence, induce or corrupt the
voters. The COMELEC investigated the petition of Anne Cortez and the
evidence of guilt was so strong, that the people in the province didn’t
deny what Juan Heussaff did, COMELEC decided to have Juan
Heussaff’s COC cancelled.