Saturday, September 25, 2010

Barangay and SK Election Guidelines on the Filing of Certificates of Candidacy

The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9164, and other election laws, RESOLVED,as it hereby RESOLVES,to promulgate the following guidelines on the filing of certificates of candidacy in connection with the October 25, 2010 Barangay and Sangguniang Kabataan elections.

SECTION 1. Officials to be elected. - The officials to be elected in each barangay are the following:
  • For the Barangay Elections:
    One (1) Punong Barangay and seven (7) Sangguniang Barangay Kagawad.
  • For the Sangguniang Kabataan Elections:
    One (1) Chairman and seven (7) Sangguniang Kabataan Kagawad.

SECTION 2. Qualifications.
  • Candidates for Punong Barangay and Sangguniang Barangay Kagawad must be:
    1. Filipino citizens;
    2. At least 18 years old on election day;
    3. Able to read and write Filipino or any local language or dialect; and
    4. Registered voters of the barangay where they intend to run for office and residents thereof for at least one (1) year immediately preceding the day of the election.
  • Candidates for Sangguniang Kabataan Chairman and Sanggguniang Kabataan Kagawad must be:
    1. Filipino citizens;
    2. At least fifteen (15) years old but less than eighteen (18) years old on election day;
    3. Able to read and write Filipino, English or the local dialect;
    4. Qualified members of the Katipunan ng Kabataan of the barangay where they intend to run for office and residents thereof at least one (1) year immediately preceding the election; and
    5. Must not have been convicted of a crime involving moral turpitude.
SECTION 3. Disqualifications. - The following are disqualified from running for any elective barangay and sangguniang kabataan positions:
  • Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, and within two (2) years after service of sentence;
  • Those removed from office as a result of an administrative case;
  • Those convicted by final judgment for violating the oath of allegiance to the Republic;
  • Those with dual citizenship unless at the time of filing of the certificate of candidacy, he makes a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;
  • Fugitives from justice in criminal or nonpolitical cases here or abroad. A fugitive from justice includes not only those who flee after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution;
  • Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail themselves of the same right after the effectivity of the Local Government Code;
  • The insane or feeble-minded;
  • Any candidate who, in an action or protest in which he is a party, is declared by final decision of a competent court to be guilty of having, or is found by the Commission to have committed the following acts shall be disqualified from continuing as a candidate or, if already elected, from holding office:
    1. Given money or other material consideration to influence or induce voters to vote for or against a candidate, or to abstain from voting, or to corrupt government officials and employees performing election functions;
    2. Committed acts of terrorism to enhance his candidacy;
    3. Spent in his election campaign an amount in excess of that allowed by law;
    4. Solicited, received, or made any contribution prohibited under Secs. 89, 95, 96, 97 and 104 of the Omnibus Election Code;
    5. Violated any of Secs. 83, 86 and 261 (pars. e, k, v and cc, sub par. 6) of the same Code; or
    6. Those who have been elected and served for three (3) consecutive terms in the same position. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected.
SECTION 4. Candidates holding appointive or elective office. - Appointive barangay, city/municipal, provincial, regional, or national officials or employees, or those in the civil or military service, including those in government-owned or controlled corporations, shall be considered ipso facto resigned from office and must vacate the same at the start of the day of filing of his certificate of candidacy for a barangay or sangguniang kabataan office.

For incumbent municipal, city, provincial and national elective officials running for any barangay elective position shall also be considered ipso facto resigned upon the filing of their certificates of candidacy.

SECTION 5. Certificate of candidacy. - Any person running as candidate for Punong Barangay, Sangguniang Barangay Kagawad, Sangguniang Kabataan Chairman or Sangguniang Kabataan Kagawad shall file a sworn certificate of candidacy in triplicate in the form attached herein as Annexes "A", "A-1", "B" and "B-1" respectively. The format of the certificate of candidacy may be obtained from the Election Officer, free of charge or may be downloaded from the Comelec website at www.comelec.gov.ph.

The certificate of candidacy shall be filed during regular working hours, from 8:00 o'clock in the morning to 5:00 o'clock in the afternoon, from October 1, 2010 to October 13, 2010, inclusive, with the Office of the Election Officer of the city/municipality concerned. However, on the last day of filing, the Office of the Election Officer shall receive the certificates of candidacy until 12:00 o'clock midnight.

Certificates of candidacy shall be filed personally or through a duly authorized representative who must present a written authorization under oath. No certificate of candidacy shall be filed or accepted by mail, telegram or facsimile.

No person shall be eligible to run for more than one office, that is, Punong Barangay and Barangay Kagawad, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any one of them. However, before the expiration of the period for the filing of certificate of candidacy, the person who has filed a certificate of candidacy for more than one office may declare under oath the office for which he desires to be elected and cancel the certificate of candidacy for the other office.

In cities/municipalities where there are two or more Election Officers, the certificate of calididacy shall be filed with the Office of the Election Officer having jurisdiction over the barangay where he is a candidate.

The Election Officer or any authorized employee receiving the certificate shall record in separate logbooks, the date and time of receipt of the certificates of candidacy of barangay and sangguniang kabataan candidates. The date and time of receipt shall also be indicated in each copy of the certificate of candidacy.

SECTION 6. Contents of certificate of candidacy. - The certificate of candidacy shall contain the following:
  • A statement announcing the candidacy of the person filing it;
  • The position for which he is a candidate;
  • A statement that he is eligible for said position;
  • His citizenship, residence and date of birth;
  • His post office address for election purpose;
  • His profession or occupation;
  • A statement that he is eligible for the office he is running for;
  • A statement that he will support and defend the Constitution of the Republic of the Philippines and maintain true faith and allegiance thereto, and that he will obey the laws and legal orders promulgated by the duly-constituted authorities;
  • A declaration that he is not a permanent resident of, or an immigrant to, a foreign country;
  • That he assumes the obligations imposed by his oath 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; and
  • Such other data as may be required by the Commission.
Unless a candidate has officially changed his name through a court approved proceeding, a candidate shall use in his certificate of candidacy the name by which he has been baptized, or if he 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 Hadj name after performing the prescribed religious pilgrimage. However, when there are two (2) or more candidates for the same office with the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surnames, except an 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 (1) nickname or stage name by which he is generally or popularly known in the locality. Titles such as Don, Hadji, Datu, Atty., Dr. or other words of similar import shall not be allowed.

SECTION 7. Certificates of candidacy filed by persons who are not registered voters or those filed through mail, telegram, facsimile. Effect. - Certificates of candidacy of persons who are not registered voters in the barangay where they intend to run; or those filed through mail, telegram or facsimile shall not be accepted. For this purpose, the Election Officer shall issue a Certification to the persons whose certificate of candidacy has not been accepted.

SECTION 8. Distribution of certificates of candidacy and preparation of list of candidates.
  • Copies of the certificate of candidacy shall be distributed by the Election Officer as follows:
    1. For Barangay Officials:
      1. First Copy, to the Election Records and Statistics Department, Commission on Elections, Manila;
      2. Second Copy, to be retained by the Election Officer for his file; and
      3. Third Copy, to be retained by the candidate concerned.
    2. For Sangguniang Kabataan Officials:
      1. First copy, to the Election Records and Statistics Department, Commission on Elections, Manila;
      2. Second copy, to be retained by the Election Officer for his file; and
      3. Third copy, to be retained by the candidate concerned.
  • Immediately after the last day for the filling of certificates of candidacy, the Election Officer shall prepare a certified consolidated list of all candidates for elective Barangay and Sangguniang Kabataan officials per barangay.
  • Within two (2) days after the last day for the filing of certificates of candidacy, the Election Officer shall transmit to the Election Records and Statistics Department, Commission on Elections, Manila the following:
    1. a copy of the said list of candidates together with the first copy of the certificates of candidacy of the Barangay and Sangguniang Kabataan candidates; and
    2. a list of persons whose certificates of candidacy were not accepted and the reason/s for non-acceptance.
  • At least seven (7) days before election day or not later than October 18, 2010, the Election Officer shall post copies of said lists in the barangay hall and in three, (3) other conspicuous places in the barangay.
  • The Election Records and Statistics Department shall acknowledge receipt of said copies and list within two (2) days from receipt thereof.


SECTION 9. Withdrawal of certificate of candidacy. - Any person who has filed a certificate of candidacy may withdraw it at any time before election day. A sworn declaration of withdrawal shall be filed personally, in triplicate with the Office of the Election Officer where the certificate of candidacy was filed. The certificate of candidacy shall be deemed withdrawn upon filing of the sworn declaration of withdrawal.

The declaration of withdrawal shall be distributed in the same manner as the certificates of candidacy, furnishing a copy or copies thereof to the Board(s) of Election Tellers concerned.

The copy for the Election Records and Statistics Department, Commission on Elections, Manila shall be transmitted within twenty-four (24) hours from the filing of the declaration. The Election Records and Statistics Department shall immediately acknowledge receipt thereof.

The filing or withdrawal of a certificate of candidacy shall not affect any civil, criminal or administrative liabilities of the candidate concerned.

SECTION 10. Substitution of candidates. - There shall be no substitution of candidates for sangguniang kabataan elections, but substitution by the spouse shall be allowed for candidates for barangay elections.

The substitute for a candidate who died or suffered permanent incapacity or disqualified by final judgment, may file his certificate of candidacy up to mid-day of election day, 12 o'clock noon of October 25, 2010. If the death or permanent disability should occur between the day before the election and mid-day of election day, the substitute candidate may file the certificate with any Board of Election Tellers (BET) in the political subdivision where he is a candidate.

SECTION 11. Authority of the Election Officer to administer oath. - For purposes of the barangay and sangguniang kabataan elections the Election Officer shall be authorized to administer oaths, free of charge, on all matters related to the conduct of said elections, including the administration of oath to certificates of candidacy.

SECTION 12. Effectivity. - This Resolution shall take effect on the seventh day after its publication in two (2) daily newspaper of general circulation in the Philippines.

SECTION 13. Dissemination. - The Education and Information Department shall cause the immediate publication of this resolution, give the same the widest dissemination possible and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors and Election Officers.

SO ORDERED

source: comelec.gov.ph

Barangay and SK Election 2010 Calendar of Activities

DATE/PERIODACTIVITIES
Aug 25 - Sep 5Inspecting of Polling Place.
Aug 31Last day to file petitions for inclusion or exclusion with proper municipal / metropolitan trial court.
Sep 10Submission to the Commission by the heads of reaction/ strike forces or similar forces of a complete list of all its members.
Sep 25Last day to constitute the members of the Board of Election Tellers and members of the Barangay Boards of Canvassers.
Sep 25Last day of posting the Computerized Voter's List (CVL) for purposes of the Synchronized Elections of Sangguniang Kabataan and Barangay Officials.
Sep 25 - Oct 25Issuance of appointments, promotions, creation of new positions, or giving salary increases in government offices, agencies or instrumentalities.
Sep 25 - Oct 25 Raising of funds thru dances, lotteries, cockfights, etc.
Sep 25 - Nov 10 (30 days before the date of the election and 15 days after)Alteration of territory of a precinct or establishment of a new precinct.

Oct 1 - Oct 13Filing of Certificates of Candidacy
Oct 1 - Oct 4Issuance of notice of inspection and verification of the completeness of the Voters' Registration Records compiled in the Book of Voters for each barangay and Sangguniang Kabataan precinct.
Oct 5 - Oct 10Inspection and verification of completeness of the Voters' Registration record and sealing of the Book of Voters for each barangay and Sangguniang Kabataan precinct.
Oct 14 - Oct 23Holding of barangay assemblies and candidates fora.
Oct 18 Last day of filing of disqualification cases against a candidates.
Oct 24Campaigning
Oct 25Election Day
Casting of votes (7:00 AM - 3:00 PM)
Counting and canvassing of votes (after 3:00 PM)
Oct 30Filing of sworn statements of election contribution and expenditures.

Friday, September 24, 2010

PNP reminds public election gun ban starts Sept 25

The police are on alert for fake permits to carry firearms as they prepare for the start of the gun ban on Saturday, September 25, exactly a month before the October 25 barangay (village) and Sangguniang Kabataan (youth council) elections.

Philippine National Police (PNP) spokesman Senior Superintendent Agrimero Cruz Jr. said the gun ban for the October 25 elections will last from September 25 to November 10.

He said only law enforcement agencies in uniform and on duty will be allowed to carry firearms.

Cruz reminded PNP personnel not to take the firearm ban for granted because they will face penalties if they are caught carrying their firearms when they are not in uniform or on duty.

Radio dzBB on Friday said the Philippine National Police advised the public to be wary of fake certifications and fake permits to carry weapons in public.

The PNP reiterated it will strictly implement the gun ban to minimize election-related violence.

The police said the gun ban greatly helped minimize violent incidents related to the May 2010 elections.

Filing of COC's for Barangay and SK Election Starts October 1 to October 13, 2010

The Commission on Elections (Comelec) in Northeastern Mindanao on Friday announced that the filing of candidacy for the Barangay and Sangguniang Kabataan (SK) elections will run from October 1 to October 13, 2010.

In a command conference with other law enforcement agencies here, the Comelec also announced that the election 45-day gun ban will start on Saturday (Sept. 25).

The Omnibus Election Code mandates that during said period, no person shall bear, carry, or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle, or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Comelec.

The issuance of firearms licenses is also suspended during the election period.

Only regular members of the Philippine National Police (PNP), the Armed Forces of the Philippine (AFP) and other law enforcement agencies of the Government who are duly deputized in writing by the Comelec for election duty may be authorized to carry and possess firearms during the election period, the Election Omnibus Election Code said.

Comelec officials in Northeastern Mindanao (Caraga region) led by Director Francisco Pobe said city, provincial and municipal Comelec registrars will start accepting the Certificate of Candidacy (COC) of applicants aspiring for Barangay and SK seats from 8 a.m. to 5 p.m. on said dates.

The officials to be elected on October 25 for the Barangay polls include a Punong Barangay and 7 Barangay Kagawads while a Chairman and seven 7 Kagawads for the SK polls.

Under Comelec Resolution 9029, candidates for the Barangay elections must be: Filipino citizens; at least 18 years old on election day; able to read and write Filipino or any local language or dialect; and registered voters of the Barangay where they intend to run for office and residents thereof for at least 1 year immediately preceding the day of the election.

On the other hand, qualified to run for the SK polls are: Filipino citizens, at least 15 years old but less than 18 years old on Election Day; able to read and write Filipino, English or the local dialect; qualified voters of the Katipunan ng Kabataan of the Barangay where they intend to run for office and residents thereof at least 1 year immediately preceding the election; and must not have been convicted of a crime involving moral turpitude.

Meanwhile, the Comelec slated October 14 until October 23, 2010 as the campaign period.

According to the poll body, voters can cast their votes from 7 a.m. to 3 p.m. on October 25, 2010 while the counting and canvassing of votes will immediately start after the casting of votes.

He said the government has contingency plans in the event of any untoward incident during the election day and assured that the "peace and order in this region is manageable.”

The region’s poll official added that government security forces are set to be deployed in certain areas considered as “immediate concern”, particularly in Surigao.

In a related development, top police and military commanders in Northeastern Mindanao pledged on Friday to closely coordinate each other to help the Comelec in the implementation of the election laws, rules and regulations.

The AFP and PNP are both tasked to assist the Comelec on election duties.

Chief Supt. Reynaldo S. Rafal, regional director of PRO 13 and Brig. Gen. Emiliano R. Gupana ll, commanding general of the Army’s 402nd Infantry (Stingers) Brigade to strictly enforce the “gun ban” drive and continue dismantling crime group in the area to maintain peaceful and orderly election in the forth-coming barangay and SK elections.

Comelec Accredits PPCRV as Citizens Arm for Barangay and SK Election

Catholic Church-backed poll watchdog group Parish Pastoral Council for Responsible Voting (PPCRV) will again serve as the Commission on Elections (Comelec) official citizens’ arm in the Barangay and Sangguniang Kabataan (SK) polls on October 25.

This following the approval of the PPCRV’s petition for accreditation by the Comelec last September 21, 2010.

“The petitioner’s participation during the past electoral exercises, including the recently concluded May 10, 2010 Automated National and Local Elections, and its commitment towards honest, clean, credible and peaceful elections are commendable,” the Comelec resolution read.

“Much more commendable are its present efforts to provide assistance to voters with disabilities in connection with the upcoming Synchronized Barangay and Sangguniang Kabataan Elections set on October 25, 2010,” it furthered.

As the Comelec’s citizens’ arm, the PPCRV must perform the following duties: conduct poll watching in various precincts and provide voter’s assistance, including assistance to Persons with Disability (PWD) and assist the Commission in voter’s information and values education in every municipality, province and city including highly urbanized cities.

The Commission, on the other hand, will furnish PPCRV with a soft copy of the Computerized Voter’s List (CVLs) for the effective discharge of its responsibility, particularly on the aspect of Voter’s Assistance; furnish PPCRV free of charge with the fourth (4th) copy of the Election Return for the conduct of an internal unofficial count; authorize PPCRV to undertake a widespread stakeholder education and training program to educate the public and fully inform the electorate about the forthcoming October 25, 2010 Synchronized Barangay and Sangguniang Kabataan Elections and inculcate values on honest, peaceful, orderly and informed elections.