NOTES ON ELECTION LAW:

FILING OF CERTIFICATE OF
CANDIDACY
University of Cebu School of Law
RINER ANDREI ABALLE
SHERGINA GRACE B. ALICANDO
RM 204 | A.Y. 2020-2021
Contents
INTRODUCTION...................................................................................................................3
SUBSTANTIAL ASPECT OF FILING A CERTIFICATE OF CANDIDACY.........................................4
CONTENTS OF COCs..........................................................................................................4
I. CERTIFICATE OF CANDIDACY BY BARANGAY OFFICIALS...........................................6
II. CERTIFICATE OF CANDIDACY BY APPOINTIVE AND ELECTIVE OFFICIALS..................7
III. CERTIFICATE OF CANDIDACY BY NOMINEES OF POLITICAL PARTIES....................8
PROCEDURAL ASPECT OF FILING A CERTIFICATE OF CANDIDACY..........................................8
FILING OF CERTIFICATE OF CANDIDACY...........................................................................8
COMELEC’s DUTY WITH RESPECT TO CERTIFICATE OF CANDIDACY....................................9
NUISANCE CANDIDATES....................................................................................................9
SUBSTITUTION AND WITHDRAWAL OF CANDIDATES.......................................................10
I. Withdrawal of Certificate of Candidacy....................................................................10
II. Substitution of Certificate of Candidacy (Sec. 77).....................................................10

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 INTRODUCTION
Definition of Certificate of Candidacy [“COCs”]

A certificate of candidacy is in the nature of a formal manifestation to the whole world of the candidate’s political
creed or lack of political creed. It is a statement of a person seeking to run for a public office certifying that he
announces his candidacy for the office mentioned and that he is eligible for the office, the name of the political party
to which he belongs, if he belongs to any, and his post-office address for all election purposes being as well stated.

By who: The certificate of candidacy shall be filed by the candidate (a) personally or (b) by his duly authorized
representative.

When: Any day from the commencement of the election period but not later than the day before the beginning of
the campaign period. In cases of postponement or failure of election, no additional certificate of candidacy shall be
accepted except in cases of substitution of candidates

Importance of a Valid COC

Monsale vs. Nico, 83 Phil. 758 [1949]

The evident purposes of the law in requiring the filing of CoCs and in fixing the time limit therefor are:

a. To enable the voters to know, at least 60 days before the regular election, the candidates

b. To avoid confusion and inconvenience in the tabulation of the votes cast.

For if the law did not confine the choice or election by the voters to the duly registered candidates, there might be as
many persons voted for as there are voters, and votes might be cast even for unknown or fictitious persons as a
mark to identify the votes in favor of a candidate for another office in the same election.

Rules On Filing Of Certificates Of Candidacy

No person shall be elected into public office unless he files his certificate of candidacy within the prescribed period. A
person without a valid certificate of candidacy cannot be considered a candidate in much the same way as any
person who has not filed any certificate of candidacy at all cannot, by any stretch of the imagination, be a candidate
at all. Upon filing, an individual becomes a candidate, he is already covered by rules, restrictions and processes
involving candidates.

Effect of Filing Two (2) Certificates of Candidacy

General Rule: No person shall be eligible for more than one office. If he/she files for more than one position, he
shall not be eligible for all.

Exception: Before the expiration of the period for the filing of certificates of candidacy, the person who has filed
more than one certificate of candidacy, may:

1. Declare under oath the office for which he desires to be eligible before the deadline
for filing of certificates of candidacy and
2. Cancel the certificate of candidacy for the other office/s

Sec. 73. Certificate of candidacy. - No person shall be eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed herein.

A person who has filed a certificate of candidacy may, prior to the election, withdraw the same by submitting to the
office concerned a written declaration under oath.

No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible for any of them. However, before the expiration of the
period for the filing of certificates of candidacy, the person who was filed more than one certificate of candidacy may
declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other
office or offices.

The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities
which a candidate may have incurred.

SEC. 15. Official Ballot. — The Commission shall prescribe the format of the electronic display and/or the size and
form of the official ballot, which shall contain the titles of the position to be filled and/or the proposition to be voted
upon in an initiative, referendum or plebiscite. Where practicable, electronic displays must be constructed to present
the names of all candidates for the same position in the same page or screen, otherwise, the electronic displays must
be constructed to present the entire ballot to the voter, in a series of sequential pages, and to ensure that the voter
sees all of the ballot options on all pages before completing his or her vote and to allow the voter to review and
change all ballot choices prior to completing and casting his or her ballot. Under each position to be filled, the names
of candidates shall be arranged alphabetically by surname and uniformly indicated using the same type size. The
maiden or married name shall be listed in the official ballot, as preferred by the female candidate. Under each
proposition to be vote upon, the choices should be uniformly indicated using the same font and size. DIECTc

A fixed space where the chairman of the board of election inspector shall affix her/her signature to authenticate the
official ballot shall be provided.

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For this purpose, the Commission shall set the deadline for the filing of certificate of
candidacy/petition of registration/manifestation to participate in the election. Any person who files his
certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period
for which he filed his certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a candidate
shall take effect only upon that start of the aforesaid campaign period: Provided, finally, That any person holding a
public appointive office or position, including active members of the armed forces, and officers, and employees in
government-owned or -controlled corporations, shall be considered ipso facto resigned from his/her office and must
vacate the same at the start of the day of the filing of his/her certification of candidacy. (emphasis supplied)

Jurisprudence on General Rules on COCs

Viola vs. Court of First Instance of Camarines Sur and Adolfo

Held: In order that a person may be eligible, it is not enough that he should hold a certificate of candidacy, but it is
necessary that it be shown in an evident manner that said certificate of candidacy meets all the requirements as to
form, time, filing, and recording, that is to say, that it is 'registered,' which is the word employed by the legislator to
mean that all said requirements have been complied with. The other qualifying phrases employed by the law in
speaking of the certificate of candidacy have the same scope and meaning. The fact that in various sections of the
Election Law it uses simply the words 'certificate of candidacy' does not show that the legislator has deemed said
words to be sufficient to mean that a candidate is 'registered' or that he meets all the legal requirements in order to
be eligible, but it does so undoubtedly for the purpose of avoiding repetitions. The mere filing of a certificate of
candidacy is not sufficient in order that a candidate may be eligible, because the municipal secretary or the Executive
Bureau, who must know the law, may reject it if they find that it does not meet all the requirements prescribed by
the law, and only when the corresponding receipt has been issued and the certificate filed can it be presumed that it
has been duly verified and filed.

Gador vs. Comelec (95 SCRA 431 [1980]

Held: A certificate of candidacy filed beyond the period fixed by law is void, and the person who filed it is not, in
law, a candidate. Much in the same manner as a person who filed no certificate of candidacy at all and a person who
filed it out of time, a person whose certificate of candidacy is cancelled or denied due course is no candidate at all.
No amount of votes should entitle him to the elective office aspired for.

Monsale v. Nico, supra

Held: The only instance wherein the law permits the filing of a certificate of candidacy after the expiration of the
time limit for filing it is when a candidate with a certificate of candidacy duly filed dies or becomes disqualified.

SUBSTANTIAL ASPECT OF FILING A CERTIFICATE OF CANDIDACY

CONTENTS OF COCs
Sec. 74. Contents of certificate of candidacy. - The certificate of candidacy shall state that the person filing it is
announcing his candidacy for the office stated therein and that he is eligible for said office; if for Member of the
Batasang Pambansa, the province, including its component cities, highly urbanized city or district or sector which he
seeks to represent; the political party to which he belongs; civil status; his date of birth; residence; his post office
address for all election purposes; his profession or occupation; that he will support and defend the Constitution of
the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and
decrees promulgated by the duly constituted authorities; that he is not a permanent resident or immigrant to a
foreign country; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or
purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge.

Unless a candidate has officially changed his name through a court approved proceeding, a certificate shall use in a
certificate of candidacy the name by which he has been baptized, or if has not been baptized in any church or
religion, the name registered in the office of the local civil registrar or any other name allowed under the provisions
of existing law or, in the case of a Muslim, his Hadji name after performing the prescribed religious pilgrimage:
Provided, That when there are two or more candidates for an office with the same name and surname, each
candidate, upon being made aware or such fact, shall state his paternal and maternal surname, except the
incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was
elected. He may also include one nickname or stage name by which he is generally or popularly known in the locality.

The person filing a certificate of candidacy shall also affix his latest photograph, passport size; a statement in
duplicate containing his bio-data and program of government not exceeding one hundred words, if he so desires.

Section 16 of Comelec Resolution No. 10420 (promulgated 07 September 2018) provides that the COC shall be
under oath and shall state:

a. office aspired for;

b. name of the aspirant;
c. age;
d. gender;
e. civil status;
f. place and date of birth;
g. citizenship, whether natural-born or naturalized;
h. the duly registered PP of Coalition to which the aspirant belongs, if any;

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i. if married, the name of the spouse;
j. complete address for election purposes;
k. legal residence, giving the exact address and the number of years residing in:
a. the Philippines and whenever applicable,
b. the place 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 or will be a
registered voter;
m. profession or occupation or employment;
n. that the aspirant is eligible for said office;
o. that the aspirant is not a permanent resident or an immigrant for a foreign country;
p. that the aspirant has executed a sworn renunciation of foreign citizenship; (if applicable)
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 promulgated
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 Commission 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; and
v. that the facts stated in the certificate are true and correct to the best of the aspirant’s knowledge.

I. Form of CoC
The CoC form prescribed by the COMELEC must be:
1. Accomplished in five copies;
 A P30 documentary stamp must also be placed on the original copy of the CoC.
The other four (40 copies must reflect the documentary stamp tax number.
2. Personally filed by the candidate or his authorized representative; and
3. Sworn to before a notary public or any official authorized to administer oath.
4. Passport-size photographs of the candidate taken within the last 6 months must be affixed
on the copies of the CoC.
5. Biodata and his program of government not exceeding one hundred words

II. Names to be used by candidate in COC

A. General Rules

Unless a candidate has officially changed his name through a court-approved proceeding, he shall
use in his COC:

1. the name by which he has been baptized; or

2. if has not been baptized in any church or religion, the name registered in the office of the
local civil registrar or any other name allowed under the provisions of existing law; or
3. in the case of a Muslim, his Hadji name after performing the prescribed religious
pilgrimage.

However, when there are two or more candidate for an office with the same name and surname,
each candidate, upon being made aware or such fact, shall state his paternal and maternal surname,
except the incumbent who may continue to use the name and surname stated in his CoC when he
was elected.

B. Inclusion in CoC of candidate’s nickname or stage name

The candidate may also include in his CoC only one (1) nickname or stage name by which he is
generally or popularly known in the locality.

The use by a candidate of the nickname, stage name or initials of another is, however, not allowed.

In case of several nicknames or stage names, only the nickname or stage name first written in the
CoC shall be considered.

C. Candidate’s name to appear on the Official Ballot

1. Candidate’s Surname
2. First name OR Nickname
3. Acronym of the Political Party of Coalition which collective shall not exceed thirty (30)
characters

D. Name to appear on the Official Ballot of married female candidates

Married female candidates may use either their maiden name or married name or both,
whichever they prefer, subject to the 30-character limitation.

Thus, such candidate shall provide the following data in the Name to Appear on the Official
Ballot:

1. Last name

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 2. First Name OR Nickname; and
3. Political Party or Coalition (Acronym only)

E. Name to appear on the Official Ballot of Male Candidates and Single Female
Candidates; Guidelines in Case of Failure to Indicate the Name to Appear on the Official
Ballot, or if the Desired Name is Not in Accordance with the Guidelines, or if it is in
Excess of the Required Number of Characters

The COMELEC shall motu proprio determine the name to appear on the official ballot of the
candidate, taking into consideration the name of the candidate as stated in Item No. 1 of the CoC if:

1. Candidate fails to indicate the desired name to appear on the official ballot;
2. The desired name is not in accordance with the guidelines’
3. The desired name is in excess of the allowable number of characters

Name of the Candidate Nickname of the Name to Appear in the Name to Appear in the
in the CoC Candidate in the CoC Official Ballot (as Official Ballot (must
provided by the not exceed 30
Candidate in the CoC) characters including
spacing, “()” and
acronym of PP)
Dela Cruz, Juan Manuel Miggy, JM Dela Cruz, Mike Dela Cruz, Juan Manuel
Miguel Torres (PP)
Dela Cruz, Juan Manuel Juan Torres, Juan Manuel Dela Cruz, Juan Manuel
Miguel Torres (PP)
Dela Cruz, Juan Manuel Dela Cruz Juan Miguel Dela Cruz Dela Cruz, Juan Manuel
Miguel Torres (PP)
Dela Cruz, Juan Manuel JM Torres Dela Cruz, JM Torres Dela Cruz, JM (PP)
Miguel Torres
Reyes, Juana Manuela Jane Reyes, Juana Dakilang Ina Reyes, Jane (PP)
Santos
Reyes, Juana Manuela Dakilang Ina Reyes, Jane Reyes, Juana Manuela
Santos (PP)
Reyes, Juana Manuela Manela Reyes Juana Manuela (PP)
Santos
Role

Jurisprudence on the Substantial Aspect of COCs

Villarosa v. House of Representatives Electoral Tribunal, 394 PHIL 730-776 [2000]

HELD: There are two provisions in the Election Code governing the use of nicknames: (1) Section 74; and (2) Rule
13 of Section. 211 The nickname which the second paragraph of Section 74 of the Omnibus Election Code allows to
be included in the certificate of candidacy is that "by which [the candidate] is generally or popularly known." This
clearly means the nickname by which one has been generally or popularly known BEFORE the filing of the certificate
of candidacy, but NOT what the candidate wants to THEREAFTER use. Rule 13 of Section 211 allows the use of (a) a
nickname and appellation of affection and friendship, provided that it is accompanied by the first name or surname of
the candidate, unless the nickname or appellation is used to identify the voter; and (b) a nickname, which is not
accompanied by the name or surname of a candidate, provided that it is the one by which the candidate is generally
or popularly known in the locality. In both instances, the vote cast for the nickname is a valid vote for the candidate
concerned. Further, under the idem sonans rule, only one nickname or stage name is allowed.

Abcede v. Imperial, 103 PHIL 136-145 [1958]

HELD: The law requires the certificate of candidacy to be under oath in acknowledgment of its serious character as
an indispensable segment in the process of election, the first step that a citizen has to take in seeking public trust
and in avoiding service to the common weal. It is a solemn matter, not to be taken lightly.

De Guzman v. Provincial Board of Canvassers of La Union, 48 PHIL 211-216 [1925]

HELD: While the law requires the candidate to file a "certificate of candidacy duly verified," that is, sworn to, in
order that he may be eligible, yet the lack of oath of the certificate of candidacy, while fatal to the recognition of the
status of the candidate before election, is not a sufficient ground for annulling his election after the people has
manifested its will, the provincial secretary having certified that Said candidate was a legal candidate for the office.

Chua v. Commission on Elections, G.R. No. 216607, [April 5, 2016]

HELD: A person with dual citizenship cannot claim that she has renounced her American citizenship by taking the
Oath of Allegiance. The oath of allegiance and the sworn and personal renunciation of foreign citizenship are
separate requirements, the latter being an additional requirement for qualification to run for public office. The oath of
allegiance contained in the Certificate of Candidacy, which is substantially similar to the one contained in Section 3 of
Republic Act No. 9225, does not constitute the personal and sworn renunciation sought under Section 5(2) of
Republic Act No. 9225. It bears to emphasize that the said oath of allegiance is a general requirement for all those
who wish to run as candidates in Philippine elections; while the renunciation of foreign citizenship is an additional
requisite only for those who have retained or reacquired Philippine citizenship under Republic Act No. 9225 and who
seek elective public posts, considering their special circumstance of having more than one citizenship.

I. CERTIFICATE OF CANDIDACY BY BARANGAY OFFICIALS

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Sec. 39. Certificate of Candidacy. - No person shall be elected punong barangay or kagawad ng sangguniang
barangay unless he files a sworn certificate of candidacy in triplicate on any day from the commencement of the
election period but not later than the day before the beginning of the campaign period in a form to be prescribed by
the Commission. The candidate shall state the barangay office for which he is a candidate.

The certificate of candidacy shall be filed with the secretary of the sangguniang barangay who shall have the
ministerial duty to receive said certificate of candidacy and to immediately acknowledge receipt thereof.

In case the secretary refuses to receive the same, or in the case of his absence or non-availability, a candidate may
file his certificate with the election registrar of the city or municipality concerned.

The secretary of the sangguniang barangay or the election registrar, as the case may be, shall prepare a
consolidated list all the candidates and shall post said list in the barangay hall and in other conspicuous places in the
barangay at least ten days before the election.

Any elective or appointive municipal, city, provincial or national official or employee, or those in the civil or military
service, including those in government-owned or controlled corporations, shall be considered automatically resigned
upon the filing of certificate of candidacy for a barangay office.

Jurisprudence on COCs at the barangay level

It may be gleaned from the provisions of Sec. 39, par. (a),of the Local Government Code of 1991, earlier quoted,
that the law does not specifically require that the candidate must state in his certificate of candidacy his Precinct
Number and the Barangay where he is registered. Apparently, it is enough that he is actually registered as a voter in
the precinct where he intends to vote, which should be within the district where he is running for office. - Jurilla v.
Commission on Elections, G.R. No. 105436, [June 2, 1994], 302 PHIL 801-807

II. CERTIFICATE OF CANDIDACY BY APPOINTIVE AND ELECTIVE OFFICIALS

Effect of filing

Sec. 66. Candidates holding appointive office or positions. - Any person holding a public appointive office or
position, including active members of the Armed Forces of the Philippines, and officers and employees in
government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing
of his certificate of candidacy.

Sec. 67. Candidates holding elective office. - Any elective official, whether national or local, running for any
office other than the one which he is holding in a permanent capacity, except for President and Vice-President, shall
be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

Jurisprudence on COCs by Appointive and Elective Officials

Salaysay v. Castro, 98 PHIL 364-406 [1956] | Filing of COC by incumbent officials

Held:

(1) Legislative Intent: The purpose of the Legislature in enacting section 27 of the Revised Election Code was to
allow an official to continue occupying an elective provincial, municipal or city office to which he had been
appointed or elected, while campaigning for his election as long as he runs for the same office. He may
keep said office continuously without any break, through the elections and up to the expiration of the term
of the office. By continuing in office, the office holder was allowed and expected to use the prerogatives,
authority and influence of his office in his campaign for his election or re-election to the office he was
holding. Another intention of the Legislature as we have hitherto adverted to was to provide for continuity
of his incumbency so that there would be no interruption or break, which would happen if he were required
to resign because of his filing his certificate of candidacy.

(2) It is evident that the general rule is that all Government officials running for office must resign. The
authority or privilege to keep one's office when running for the same office is the exception. Section 27 of
Republic Act No. 180 in providing that a local elective official running for an office other than the one he is
actually holding, is considered resigned from his office, must necessarily refer to an office which said official
can resign, or from which he could be considered resigned, even against his will.

(3) A Vice-Mayor who files his certificate of candidacy for the office of Mayor, even while acting as mayor, is
considered resigned from the office of Vice-Mayor for the reason that is the only office that he "actually
holds" within the contemplation of section 27 of the Revised Election Code and the office he is running for
(Mayor) is naturally other than the one he is actually holding (Vice-Mayor); and that having ceased to be a
Vice-Mayor, he automatically lost all right to act as Mayor. Section 27 of Republic Act 180 in providing that a
local elective official running for an office other than the one he is actually holding, is considered resigned
from his office, must necessarily refer to an office which said official can resign, or from which he could be
considered resigned, even against his will. A vice-Mayor acting as Mayor cannot resign or be made to resign
from the office of Mayor because the law itself requires that as Vice-Mayor he must act as Mayor during the
temporary disability of the regular or incumbent Mayor.

PNOC-Energy Development Corp. v. National Labor Relations Commission, G.R. No. 100947, [1993]

HELD: Congress made no effort to distinguish between these two classes of government-owned or controlled
corporations or their employees in the Omnibus Election Code or subsequent related statutes, particularly as regards
the rule that an any employee "in government-owned or controlled corporations,shall be considered ipso facto

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resigned from his office upon the filing of his certificate of candidacy." Section 66 of the Omnibus Election Code
applies to officers and employees in government-owned or controlled corporations, even those organized under the
general laws on incorporation and therefore not having an original or legislative charter, and even if they do not fall
under the Civil Service Law but under the Labor Code. In other words, Section 66 constitutes just cause for
termination of employment in addition to those set forth in the Labor Code, as amended.

Monroy v. Court of Appeals, 127 PHIL 1-8 [1967]

HELD: Forfeiture automatic and permanently is effective upon the filing of the certificate of candidacy for another
office. Only the moment and act of filing are considered. Once the certificate is filed, the seat is forfeited forever and
nothing save a new election or appointment can restore the ousted official. The withdrawal of a certificate of
candidacy does not necessarily render the certificate void ab initio. Once filed, the permanent legal effects produced
thereby remain even if the certificate itself be subsequently withdrawn.

III. CERTIFICATE OF CANDIDACY BY NOMINEES OF POLITICAL PARTIES

SEC, 35. Certificates of candidacy filed by political group or political party. — Certificates of candidacy of
candidates may be filed by a political party nominating them without the signature or oath of said candidates.

Any political party having officially nominated candidates shall file with the Commission on Elections a certificate of
such official nominations subscribed under oath by the president and secretary or corresponding officers of such
political group or party.

Jurisprudence on filing of COC by political parties

Canceran v. Commission on Elections 107 PHIL 607-612, 1960 | Defects of COC by political parties

Held: When the original defects of a certificate of candidacy are cured by the allegations of a motion for
reconsideration filed in due time (that is, before the election) with the Commission on Elections, there is substantial
compliance with the statutory requirement of Section 35 of the Revised Election Code. Further, the mention in the
certificate of candidacy filed by a political party, of the names of the candidates, and of the fact that they belong to a
specified party, constitutes a substantial compliance with the requirement that the certificate filed must certify that
the candidates therein nominated are official candidates of the party.

The mention in the certificate of candidacy filed by a political party, of the names of the candidates, and of the fact
that they belong to a specified party, constitutes a substantial compliance with the requirement that the certificate
filed must certify that the candidates therein nominated are official candidates of the party.

Section 35 of the Revised Election Code provides that any political party having nominated candidates shall file with
the Commission on Elections a certificate of such official nominations, subscribed under oath by the president and
secretary or corresponding officers of such political group or party. In the case at bar, the certificate of candidacy
was subscribed and sworn to only by the local chairman of the Nacionalista Party at Cauayan, Isabela. The failure of
the secretary of the party at the said municipality to sign said certificate was due to his honest belief that being one
of the official candidates for councilor of said party, he was no longer authorized to sign the same. This is an honest
mistake which does not invalidate the certificate.

PROCEDURAL ASPECT OF FILING A CERTIFICATE OF CANDIDACY

FILING OF CERTIFICATE OF CANDIDACY

Sec. 75. Filing and distribution of certificate of candidacy. - The certificate of candidacy shall be filed on any
day from the commencement of the election period but not later than the day before the beginning of the campaign
period: Provided, That in cases of postponement or failure of election under Sections 5 and 6 hereof, no additional
certificate of candidacy shall be accepted except in cases of substitution of candidates as provided under Section 77
hereof.

The certificates of candidacy for President and Vice-President of the Philippines shall be filed in ten legible copies with
the Commission which shall order the printing of copies thereof for distribution to all polling places. The certificates of
candidacy for the other offices shall be filed in duplicate with the offices herein below mentioned, together with a
number of clearly legible copies equal to twice the number of polling places in the province, city, district, municipality
or barangay, as the case may be:

(a) For representative in the Batasang Pambansa, with the Commission, the provincial election supervisor, city
election registrar in case of highly urbanized cities, or an officer designated by the Commission having jurisdiction
over the province, city or representative district who shall send copies thereof to all polling places in the province,
city or district;

(b) For provincial offices, with the provincial election supervisor of the province concerned who shall send copies
thereof to all polling places in the province;

(c) For city and municipal offices, with the city or municipal election registrar who shall send copies thereof to all
polling places in the city or municipality; and

(d) For punong barangay or kagawad ng sangguniang barangay, the certificates of candidacy shall be filed in
accordance with the provisions of Section 39 of Article VI of this Code.

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The duly authorized receiving officer shall immediately send the original copy of all certificates of candidacy received
by him to the Commission.

Pursuant to Section 17 of Comelec Resolution No. 10420, the COC must be filed in the following offices:

Who Where
President, Vice-President, Senators and Party-List Comelec Law Department in Manila
Representatives
Members of the House of Representatives for legislative Office of the Regional Election Director, NCR
districts in the National Capital Region (NCR)
Members of the House of Representatives for legislative Office of the Provincial Election Supervisor concerned
districts in provinces
Members of the House of Representatives for legislative Office of the City Election Officer concerned designated
districts in cities outside the NCR, which comprise one for the purpose by the Regional Election Director
or more legislative districts and City Officials of cities
with more than one Election Officer
Provincial Officials Office of the Provincial Election Supervisor
City Officials of only one 1 legislative district Office of the City Election Officer
Municipal Officials Office of the Municipal Election Officer
ARMM Governor and Vice-Governor Office of the ARMM Regional Election Director
(Cotabato City, Zamboanga City or Marawi City)
Member, Regional Legislative Assembly, ARMM Office of the ARMM Provincial Election Supervisor
concerned
Barangay and SK Officials Office of the City/Municipal Election Officer concerned

COMELEC’s DUTY WITH RESPECT TO CERTIFICATE OF CANDIDACY

When a candidate files his certificate of candidacy, the COMELEC has a ministerial duty to receive and acknowledge
its receipt. Section 76 of the Omnibus Election Code (Election Code) provides:

Sec. 76. Ministerial duty of receiving and acknowledging receipt. — The Commission, provincial election
supervisor, election registrar or officer designated by the Commission or the board of election inspectors under the
succeeding section shall have the ministerial duty to receive and acknowledge receipt of the certificate of candidacy.

Sec. 78. Petition to deny due course to or cancel a certificate of candidacy. - A verified petition seeking to
deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any
material representation contained therein as required under Section 74 hereof is false. The petition may be filed at
any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be
decided, after due notice and hearing, not later than fifteen days before the election.

Jurisprudence on denying or cancelling COCs

Lluz v. Commission on Elections, 551 PHIL 428-447, 2007 | Defects in the COC

Held: The listing of sections in Section 262 is introduced by the clause: "Violation of the provisions, or pertinent
portions, of the following sections shall constitute election offenses: . . . ." The phraseology of this introductory
clause alerts us that Section 262 itself possibly limits its coverage to only pertinent portions of Section 74.

Section 74 does not expressly mention which portion in its provisions is pertinent to Section 262, or which among its
provisions when violated is punishable as an election offense. Nothing in Section 74 partakes unmistakably of a penal
clause or a positive prohibition comparable to those found in other sections 7 also mentioned in Section 262 that use
the words "shall not." The Court is then left to interpret the meaning of Section 74 to determine which of its
provisions are penalized under Section 262, and particularly if disclosure of profession or occupation is among such
provisions.

A misrepresentation in a certificate of candidacy is material when it refers to a qualification for elective office and
affects the candidate's eligibility. Second, when a candidate commits a material misrepresentation, he or she may be
proceeded against through a petition to deny due course to or cancel a certificate of candidacy under Section 78, or
through criminal prosecution under Section 262 for violation of Section 74. Third, a misrepresentation of a non-
material fact, or a non-material misrepresentation, is not a ground to deny due course to or cancel a certificate of
candidacy under Section 78. In other words, for a candidate's certificate of candidacy to be denied due course or
canceled by the COMELEC, the fact misrepresented must pertain to a qualification for the office sought by the
candidate.

Aratea v. COMELEC, G.R. No. 195229 (2012)

Held: A cancelled certificate of candidacy cannot give rise to a valid candidacy, and much less to valid votes.
Whether the CoC is cancelled before or after the elections is immaterial because the cancellation on such ground
means he was never a candidate from the very beginning, his certificate of candidacy being void ab initio.

Jalosjos, Jr. v. Commission on Elections 696 PHIL 601-700 [2012]

HELD: If the certificate of candidacy is void ab initio, then legally the person who filed such void certificate of
candidacy was never a candidate in the elections at any time. All votes for such noncandidate are stray votes and
should not be counted. Thus, such noncandidate can never be a first-placer in the elections

NUISANCE CANDIDATES

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Grounds: Certificate of candidacy has been filed:

a. To put the election process in mockery or disrepute or

b. To cause confusion among the voters by the similarity of the names of the registered candidates or
c. 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 a faithful determination of the true will of the
electorate

Procedure:

R.A. 6646 (The Electoral Reforms Law of 1987) Sec. 5. Procedure in Cases of Nuisance Candidates. –

a. A verified petition to declare a duly registered candidate as a nuisance candidate under Section 69 of Batas
Pambansa Blg. 881
i. Filed personally or through duly authorized representative with the Commission by any
registered candidate for the same office
ii. Within five (5) days from the last day for the filing of certificates of candidacy.
iii. Filing by mail shall not be allowed.
b. Within three (3) days from the filing of the petition, the Commission shall issue summons to the respondent
candidate together with a copy of the petition and its enclosures, if any.
c. The respondent shall be given three (3) days from receipt of the summons within which to file his verified
answer to the petition, serving copy thereof upon the petitioner. i. Grounds for a motion to dismiss may be
raised as affirmative defenses.
d. The Commission may designate any of its officials who are lawyers to hear the case and receive evidence.
The proceeding shall be summary in nature
i. In lieu of oral testimonies, the parties may be required to submit position papers together
with affidavits or counter-affidavits and other documentary evidence.
ii. The hearing officer shall immediately submit to the Commission his findings, reports, and
recommendations within five (5) days from the completion of such submission of
evidence.
iii. The Commission shall render its decision within five (5) days from receipt thereof.
e. The decision, order, or ruling of the Commission shall, after five (5) days from receipt of a copy thereof by
the parties, be final and executory unless stayed by the Supreme Court.
f. The Commission shall within twenty-four hours, through the fastest available means, disseminate its
decision or the decision of the Supreme Court to the city or municipal election registrars, boards of election
inspectors and the general public in the political subdivision concerned

Who may initiate?

a. Comelec motu proprio

b. Any interested party
c. Any registered candidate for the same office

SUBSTITUTION AND WITHDRAWAL OF CANDIDATES

I. Withdrawal of Certificate of Candidacy

Procedure

a. File a Statement of Withdrawal under oath in 5 legible copies, with the office where the Certificate of
Candidacy was filed
b. At any time before Election Day subject to Sec. 15
c. Statement shall be accepted if filed by a person other than the candidate himself or if filed by mail,
electronic mail, telegram, or facsimile [Sec. 14, Comelec Resolution No. 9518, (Sept. 11, 2012)]

Any person who withdraws shall not be eligible whether as a substitute candidate or not, for any other position.

Effects of filing or withdrawal of a certificate of candidacy

a. Filing or withdrawal shall not affect whatever civil, criminal or administrative liabilities which a candidate
may have incurred [Sec. 73, B.P. Blg. 881].
b. If the candidate who withdraws is the official candidate of a registered or accredited political party, “the
same political party may file a certificate of candidacy to replace the candidate.” The substitute must file his
COC not later than mid-day of election day [Sec. 77, B.P. Blg. 881]

Jurisprudence on Withdrawal of CoCs

Monsale v. Nico, supra.

Held: Withdrawing the withdrawal of his certificate of candidacy is valid if done within the prescribed period provided
for by law.

IV. Substitution of Certificate of Candidacy (Sec. 77)

Grounds: If after the last day for filing of the certificates of candidacy, an official candidate of a registered political
party

a. Dies,
b. withdraws or

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 c. is disqualified for any cause he may be substituted by a candidate belonging to and nominated by the same
political party.

When:

a. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for
the office affected in accordance with the preceding sections not later than mid-day of the day of the
election.
b. If the death, withdrawal or disqualification should occur between the day before the election and mid-day of
election day, said certificate may be filed with any board of election inspectors in the political subdivision
where he is a candidate, or, in the case of candidates to be voted for by the entire electorate of the country,
with the Commission.

Jurisprudence on Substitution of CoCs

Tagolino v. House of Representatives Electoral Tribunal

Held: Section 77 requires that there be an "official candidate" before candidate substitution proceeds. Thus, whether
the ground for substitution is death, withdrawal or disqualification of a candidate, the said section unequivocally
states that only an official candidate of a registered or accredited party may be substituted. Section 77 requires that
there be a candidate in order for substitution to take place, as well as the precept that a person without a valid CoC
is not considered as a candidate at all, it necessarily follows that if a person's CoC had been denied due course to
and/or cancelled, he or she cannot be validly substituted in the electoral process. The existence of a valid CoC is
therefore a condition sine qua non for a disqualified candidate to be validly substituted.

Federico vs. Comelec

Held: A candidate has sufficient time to ponder on his candidacy and to withdraw while the printing has not yet
started. If a candidate withdraws after the printing, the name of the substitute candidate can no longer be
accommodated in the ballot and a vote for the substitute will just be wasted.

By fielding Edna as their substitute candidate for Governor, the party knew that she had to withdraw her candidacy
for Mayor. Considering that the deadline for substitution in case of withdrawal had already lapsed, no person could
substitute her as mayoralty candidate. The sudden death of then Governor Armando Sanchez and the substitution by
his widow in the gubernatorial race could not justify a belated substitution in the mayoralty race.

Rulloda vs. Comelec

Held: The absence of a specific provision governing substitution of candidates in barangay elections can not be
inferred as a prohibition against substitution. There is more reason to allow the substitution of candidates where no
political parties are involved than when political considerations or party affiliations reign, a fact that must have been
subsumed by law. Technicalities and procedural niceties in election cases should not be made to stand in the way of
the true will of the electorate. Laws governing election contests must be liberally construed to the end that the will of
the people in the choice of public officials may not be defeated by mere technical objections.

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