Election rules

HAPPY WEEKEND

Gina Dizon

October 1-5 is the period for aspiring political leaders of municipalities, cities, provinces and senators of the country to file their certificates of candidacy for the May 13, 2013 national elections.

Filing starts a seven month- political campaign done in many forms – consultations, fora, meetings, official speeches, radio interviews, press releases, reunions, birthdays, and barangay visitations by aspirants of elective positions.

For the incumbent, it takes on varied forms making use of LGU activities and public funds reminding the politician to discern intelligent decisions of what is legal or illegal campaigning. Many instances have been taken note of politicians being dragged in court for allegedly making use of public funds primarily to woo and persuade the electorate to vote for the aspiring politician.

We have heard of an incumbent-candidate who caused his name stamped in a hand soap project of the government and in monoblock chairs bought using taxpayers’ funds. Or a politician who gave public funds for barangay meetings with intent to woo votes for his candidacy.

Cases of vote buying have been common issues in the past elections and surely is going to be another complaint among rivaling politicians this May 2013 elections.  And before we ramble on about cases of vote buying let us take a look at what guidelines say about filing certificates of candidacy.

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Comelec Resolution No. 9518 promulgated September 11 provides for guidelines in filing COC and nominations and accepting official candidates of registered political parties for the May 13, 2012 elections.  

The COC forms asks for the status of the candidate, that he is eligible  for said  office and importantly to  file with the Comelec,  within 30 days after election day, his full, true and itemized Statement of Contributions and Expenditures (SOCE) in connection with the election.

The COC has to be filed personally by the candidate or by his duly authorized representative, whose authority must be in writing, under oath duly sworn before a notary public or any official authorized to administer oath. Said form is attached to the application. This means that no COC shall be filed or accepted by mail, electronic mail, telegram or facsimile.

And what happens if a candidate withdraws his candidacy? This maybe filed any time before Election Day.

And what about substitutes?   Sagada Election Officer Mary Umaming said the substitute of a candidate who has withdrawn may file his COC for the office affected not later than Dec. 21, 2012.

Though, a candidate who died  or one disqualified by final judgment, have  until  midday of election day  to file his COC provided that the substitute  and the substituted have the same surname, Comelec rules provide

However, the rule on substitution only provides for those who have their own political parties.  Thus, no substitute candidate is allowed for any independent candidate.

And shall a candidate who has a pending case, be this criminal, civil, or administrative allowed filing his or her candidacy? Umaming said any candidate can file his certificate of candidacy provided he/she properly fills up the required COC form and done under oath. 

There is no prohibition in accepting filing COCs and it is up to those interested who notes any disqualification to come out and file their protest before the Comelec, she said.  

Also, the filing of withdrawal of a COC will not affect whatever civil, criminal or administrative liability a candidate may have incurred.

And of course for employees in government including uniformed men who are aspiring for electoral positions in government, they are considered resigned from their office and must vacate the same at the start of the day of the filing of their candidacy.