Comelec issues guidelines for filing of COCs for 2010 polls

ABS-CBN News

Posted at Oct 07 2009 05:29 PM | Updated as of Oct 08 2009 01:29 AM

MANILA - The Commission on Elections (Comelec) has issued on Wednesday the guidelines for the filing of candidacies for all positions for the elections on May 2010.

Comelec issued Resolution No. 8678 or the “Guidelines on the Filing of Candidacy and Nomination of Official Candidates of Registered Political Parties in connection with the May 10, 2010 National and Local Elections.”

The resolution said that offices of the poll body would be receiving the certificates of candidacy (COC) starting November 20 up to midnight of November 30.

The resolution said those would be filing their COCs should provide 5 copies to the specified Comelec offices:

  •  For President, Vice-President and Senator to the Law Department, Commission on Elections in in Intramuros, Manila;
  • For Members of the House of Representatives for legislative districts in the National Capital Region to the Regional Election Director, NCR
  • For Members of the House of Representatives of legislative districts in provinces and For Provincial officials to the Provincial Election Supervisor concerned;
  • For members of the House of Representatives for legislative districts in cities outside the NCR, which comprise one or more legislative districts and For City Officials of cities with more than one election officer to the City Election Officer concerned designated for the purpose by the Regional Election Director.
  • For City/Municipal Officials to the City/Municipal Election Officer concerned

The poll body said that candidates should use the Comelec form which can also be downloaded through their Web site.

Candidates should file their COCs, which shall be sworn before a notary public or any official authorized to administer oath ,to the specified Comelec offices personally or through their duly authorized representative. The authority of the authorized representative shall be in writing and under oath and attached to the COC, said the poll body’s resolution.

As in the previous national and local election, Comelec said that a person holding a public appointive office or position including active members of the Armed Forces of the Philippines, and other officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from office upon filing of his certificate of candidacy. It also said however that a person holding an elective office or position shall not be considered resigned upon the filing of COC for the same or any other elective office or position.

The resolution also set the guidelines for the withdrawal and substitution of candidates. Any person who has filed a COC may at any time before election day.

The resolution stated that a substitute for a candidate who withdrew may file his COC not later than December 14. The substitute for a candidate who died or suffered permanent incapacity or disqualified by final judgment however may file his certificate of candidacy up to mid-day of election day.

Comelec also said that a person who has withdrawn his candidacy for a position shall be no longer be eligible as substitute candidate for any other position after the deadline for COC,

Meanwhile, petitions that would seek to deny due course or to cancel a COC may be filed by any person within 5 days from the last day for COC filing but not later than 25 days from the COC filing. The petition, said Comelec, should however exclusively be “on the ground of material misrepresentation on the contents of the COC as required under Sec. 74 of the Omnibus Election Code or Batas Pambansa Blg. 881.