Grounds For DQ

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Sec. 68. Disqualifications.

- 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:
(a) given money or other material consideration to influence, induce or corrupt the
voters or public officials performing electoral functions;
(b) committed acts of terrorism to enhance his candidacy;
(c) spent in his election campaign an amount in excess of that allowed by this
Code;
(d) solicited, received or made any contribution prohibited under Sections 89, 95,
96, 97 and 104; or

Sec. 89. Transportation, food and drinks. - It shall be unlawful for any candidate, political
party, organization, or any person to give or accept, free of charge, directly or indirectly,
transportation, food or drinks or things of value during the five hours before and after a
public meeting, on the day preceding the election,

Sec. 95. Prohibited contributions. - No contribution for purposes of partisan political


activity shall be made directly or indirectly by any of the following:

a. Public or private financial institutions: Provided, however, That nothing herein shall
prevent the making of any loan to a candidate or political party by any such public
or private financial institutions legally in the business of lending money, and that
the loan is made in accordance with laws and regulations and in the ordinary
course of business;
b. Natural and juridical persons operating a public utility or in possession of or
exploiting any natural resources of the nation;

c. Natural and juridical persons who hold contracts or sub-contracts to supply the
government or any of its divisions, subdivisions or instrumentalities, with goods or
services or to perform construction or other works;

d. Natural and juridical persons who have been granted franchises, incentives,
exemptions, allocations or similar privileges or concessions by the government or
any of its divisions, subdivisions or instrumentalities, including government-owned
or controlled corporations;

e. Natural and juridical persons who, within one year prior to the date of the election,
have been granted loans or other accommodations in excess of P100,000 by the
government or any of its divisions, subdivisions or instrumentalities including
government-owned or controlled corporations;

f. Educational institutions which have received grants of public funds amounting to


no less than P100,000.00;

g. Officials or employees in the Civil Service, or members of the Armed Forces of the
Philippines; and

h. Foreigners and foreign corporations.

It shall be unlawful for any person to solicit or receive any contribution from any of the
persons or entities enumerated herein.

Sec. 96. Soliciting or receiving contributions from foreign sources. - It shall be


unlawful for any person, including a political party or public or private entity to solicit or
receive, directly or indirectly, any aid or contribution of whatever form or nature from any
foreign national, government or entity for the purposes of influencing the results of the
election.

Sec. 97. Prohibited raising of funds. - It shall be unlawful for any person to hold dances,
lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainments, or
cinematographic, theatrical or other performances for the purpose of raising funds for an
election campaign or for the support of any candidate from the commencement of the
election period up to and including election day; or for any person or organization, whether
civic or religious, directly or indirectly, to solicit and/or accept from any candidate for public
office, or from his campaign manager, agent or representative, or any person acting in their
behalf, any gift, food, transportation, contribution or donation in cash or in kind from the
commencement of the election period up to and including election day; Provided, That
normal and customary religious stipends, tithes, or collections on Sundays and/or other
designated collection days, are excluded from this prohibition.

Sec. 104. Prohibited donations by candidates, treasurers of parties or their agents. -


No candidate, his or her spouse or any relative within the second civil degree of
consanguinity or affinity, or his campaign manager, agent or representative shall during the
campaign period, on the day before and on the day of the election, directly or indirectly,
make any donation, contribution or gift in cash or in kind, or undertake or contribute to the
construction or repair of roads, bridges, school buses, puericulture centers, medical clinics
and hospitals, churches or chapels cement pavements, or any structure for public use or
for the use of any religious or civic organization: Provided, That normal and customary
religious dues or contributions, such as religious stipends, tithes or collections on Sundays
or other designated collection days, as well as periodic payments for legitimate
scholarships established and school contributions habitually made before the prohibited
period, are excluded from the prohibition.

(e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and
cc, subparagraph 6,
Sec. 80. Election campaign or partisan political activity outside campaign period. -
It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or
association of persons, to engage in an election campaign or partisan political activity
except during the campaign period: Provided, That political parties may hold political
conventions or meetings to nominate their official candidates within thirty days before the
commencement of the campaign period and forty-five days for Presidential and Vice-
Presidential election.
Shall be disqualified from continuing as a candidate, or if he has been elected,
from holding the office.
Any person who is a permanent resident of or an immigrant to a foreign country
shall not be qualified to run for any elective office under this Code, unless said person has
waived his status as permanent resident or immigrant of a foreign country in accordance
with the residence requirement provided for in the election laws.

Sec. 83. Removal, destruction or defacement of lawful election propaganda


prohibited. - It shall be unlawful for any person during the campaign period to remove,
destroy, obliterate, or in any manner deface or tamper with, or prevent the distribution of
lawful election propaganda.

Sec. 85. Prohibited forms of election propaganda. - It shall be unlawful:

a. To print, publish, post or distribute any poster, pamphlet, circular, handbill, or


printed matter urging voters to vote for or against any candidate unless they bear
the names and addresses of the printer and payor as required in Section 84 hereof;

b. To erect, put up, make use of, attach, float or display any billboard, tinplate-poster,
balloons and the like, of whatever size, shape, form or kind, advertising for or
against any candidate or political party;

c. To purchase, manufacture, request, distribute or accept electoral propaganda


gadgets, such as pens, lighters, fans of whatever nature, flashlights, athletic goods
or materials, wallets, shirts, hats, bandanas, matches, cigarettes and the like,
except that campaign supporters accompanying a candidate shall be allowed to
wear hats and/or shirts or T-shirts advertising a candidate;

d. To show or display publicly any advertisement or propaganda for or against any


candidate by means of cinematography, audio-visual units or other screen
projections except telecasts which may be allowed as hereinafter provided; and

e. For any radio broadcasting or television station to sell or give free of charge air
time for campaign and other political purposes except as authorized in this Code
under the rules and regulations promulgated by the Commission pursuant thereto.
Any prohibited election propaganda gadget or advertisement shall be stopped,
confiscated or torn down by the representative of the Commission upon specific
authority of the Commission.

Sec. 86. Regulation of election propaganda through mass media. -

a. The Commission shall promulgate rules and regulations regarding the sale of air
time for partisan political purposes during the campaign period to insure the equal
time as to duration and quality in available to all candidates for the same office or
political parties at the same rates or given free of charge; that such rates are
reasonable and not higher than those charged other buyers or users of air time for
non-political purposes; that the provisions of this Code regarding the limitation of
expenditures by candidates and political parties and contributions by private
persons, entities and institutions are effectively enforced; and to ensure that said
radio broadcasting and television stations shall not unduly allow the scheduling of
any program or permit any sponsor to manifestly favor or oppose any candidate or
political party by unduly or repeatedly referring to or including said candidate
and/or political party in such program respecting, however, in all instances the right
of said stations to broadcast accounts of significant or newsworthy events and
views on matters of public interest.

b. All contracts for advertising in any newspaper, magazine, periodical or any form of
publication promoting or opposing the candidacy of any person for public office
shall, before its implementation, be registered by said newspaper, magazine,
periodical or publication with the Commission. In every case, it shall be signed by
the candidate concerned or by the duly authorized representative of the political
party.

c. No franchise or permit to operate a radio or television station shall be granted or


issued, suspended or cancelled during the election period.

Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:

a. Vote-buying and vote-selling.

1. Any person who gives, offers or promises money or anything of value,


gives or promises any office or employment, franchise or grant, public or
private, or makes or offers to make an expenditure, directly or indirectly,
or cause an expenditure to be made to any person, association,
corporation, entity, or community in order to induce anyone or the public
in general to vote for or against any candidate or withhold his vote in the
election, or to vote for or against any aspirant for the nomination or choice
of a candidate in a convention or similar selection process of a political
party.

2. Any person, association, corporation, group or community who solicits or


receives, directly or indirectly, any expenditure or promise of any office or
employment, public or private, for any of the foregoing considerations.
d. Coercion of subordinates.

a. Any public officer, or any officer of any public or private corporation or


association, or any head, superior, or administrator of any religious
organization, or any employer or land-owner who coerces or intimidates
or compels, or in any manner influence, directly or indirectly, any of his
subordinates or members or parishioners or employees or house helpers,
tenants, overseers, farm helpers, tillers, or lease holders to aid, campaign
or vote for or against any candidate or any aspirant for the nomination or
selection of candidates.

b. Any public officer or any officer of any commercial, industrial, agricultural,


economic or social enterprise or public or private corporation or
association, or any head, superior or administrator of any religious
organization, or any employer or landowner who dismisses or threatens to
dismiss, punishes or threatens to punish be reducing his salary, wage or
compensation, or by demotion, transfer, suspension, separation,
excommunication, ejectment, or causing him annoyance in the
performance of his job or in his membership, any subordinate member or
affiliate, parishioner, employee or house helper, tenant, overseer, farm
helper, tiller, or lease holder, for disobeying or not complying with any of
the acts ordered by the former to aid, campaign or vote for or against any
candidate, or any aspirant for the nomination or selection of candidates.

e. Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion.


- Any person who, directly or indirectly, threatens, intimidates or actually causes,
inflicts or produces any violence, injury, punishment, damage, loss or
disadvantage upon any person or persons or that of the immediate members of
his family, his honor or property, or uses any fraudulent device or scheme to
compel or induce the registration or refraining from registration of any voter, or the
participation in a campaign or refraining or desistance from any campaign, or the
casting of any vote or omission to vote, or any promise of such registration,
campaign, vote, or omission therefrom.

k. Unlawful electioneering. - It is unlawful to solicit votes or undertake any


propaganda on the day of registration before the board of election inspectors and
on the day of election, for or against any candidate or any political party within
the polling place and with a radius of thirty meters thereof.

v. Prohibition against release, disbursement or expenditure of public funds. - Any


public official or employee including barangay officials and those of government-
owned or controlled corporations and their subsidiaries, who, during forty-five
days before a regular election and thirty days before a special election, releases,
disburses or expends any public funds for:

1. Any and all kinds of public works, except the following:

a. Maintenance of existing and/or completed public works project:


Provided, That not more than the average number of laborers or
employees already employed therein during the six-month period
immediately prior to the beginning of the forty-five day period before
election day shall be permitted to work during such time: Provided,
further, That no additional laborers shall be employed for
maintenance work within the said period of forty-five days;

b. Work undertaken by contract through public bidding held, or by


negotiated contract awarded, before the forty-five day period before
election: Provided, That work for the purpose of this section
undertaken under the so-called "takay" or "paquiao" system shall not
be considered as work by contract;

c. Payment for the usual cost of preparation for working drawings,


specifications, bills of materials, estimates, and other procedures
preparatory to actual construction including the purchase of materials
and equipment, and all incidental expenses for wages of watchmen
and other laborers employed for such work in the central office and
field storehouses before the beginning of such period: Provided, That
the number of such laborers shall not be increased over the number
hired when the project or projects were commenced; and

d. Emergency work necessitated by the occurrence of a public


calamity, but such work shall be limited to the restoration of the
damaged facility.

No payment shall be made within five days before the date of


election to laborers who have rendered services in projects or works
except those falling under subparagraphs (a), (b), (c), and (d), of this
paragraph.

This prohibition shall not apply to ongoing public works projects


commenced before the campaign period or similar projects under foreign
agreements. For purposes of this provision, it shall be the duty of the
government officials or agencies concerned to report to the Commission the
list of all such projects being undertaken by them.

2. The Ministry of Social Services and Development and any other office in
other ministries of the government performing functions similar to said
ministry, except for salaries of personnel, and for such other routine and
normal expenses, and for such other expenses as the Commission may
authorize after due notice and hearing. Should a calamity or disaster occur,
all releases normally or usually coursed through the said ministries and
offices of other ministries shall be turned over to, and administered and
disbursed by, the Philippine National Red Cross, subject to the supervision of
the Commission on Audit or its representatives, and no candidate or his or
her spouse or member of his family within the second civil degree of affinity
or consanguinity shall participate, directly or indirectly, in the distribution of
any relief or other goods to the victims of the calamity or disaster; and

3. The Ministry of Human Settlements and any other office in any other ministry
of the government performing functions similar to said ministry, except for
salaries of personnel and for such other necessary administrative or other
expenses as the Commission may authorize after due notice and hearing.

CC. On candidacy and campaign


1. Any political party which holds political conventions or meetings to nominate
its official candidates earlier that the period fixed in this Code.

2. Any person who abstracts, destroys or cancels any certificate of candidacy


duly filed and which has not been cancelled upon order of the Commission.

3. Any person who misleads the board of election inspectors by submitting any
false or spurious certificate of candidacy or document to the prejudice of a
candidate.

4. Any person who, being authorized to receive certificates of candidacy,


receives any certificate of candidacy outside the period for filing the same
and makes it appear that said certificate of candidacy was filed on time; or
any person who, by means of fraud, threat, intimidation, terrorism or
coercion, causes or compels the commission of said act.

5. Any person who, by any device or means, jams, obstructs or interferes with a
radio or television broadcast of any lawful political program.

6. Any person who solicits votes or undertakes 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 thirty meters thereof.

Shall be disqualified from continuing as a candidate, or if he has


been elected, from holding the office. Any person who is a permanent
resident of or an immigrant to a foreign country shall not be qualified to
run for any elective office under this Code, unless said person has
waived his status as permanent resident or immigrant of a foreign
country in accordance with the residence requirement provided for in the
election laws.

Local Government Code:

SECTION 40. Disqualifications. - The following persons are disqualified from


running for any elective local position:

(a) Those sentenced by final judgment for an offense involving moral


turpitude or for an offense punishable by one (1) year or more of
imprisonment, within two (2) years after serving sentence;

(b) Those removed from office as a result of an administrative case;

(c) Those convicted by final judgment for violating the oath of allegiance
to the Republic;
(d) Those with dual citizenship;

(e) Fugitives from justice in criminal or nonpolitical cases here or abroad;

(f) 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 this Code; and

(g) The insane or feeble-minded.

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