Sandra M.T. Magalang Election Law Distinctions Distinctions Between Section 68 and Section 78 of the Omnibus Election Code Section 68 1 Section 78 2 Nature Petition for Disqualification: Petition to Deny Due Course Action under Section 68 is or to Cancel Certificate of based on the limited grounds of Candidacy: residency or immigration to a Action is not based on lack of foreign country and qualifications, but on a finding commission of an electoral that the candidate made a offense, enumerated in Section material representation that is 68 of the OEC. false, which may relate to the qualifications required of the Other grounds for petition to public office he is running for. disqualify a candidate: Thus the prayer is to deny due Section 12, OEC course or to cancel his CoC. Section 40, LGC Purpose
Disqualify a candidate
Deny due course or cancel a certificate of candidacy
Grounds
(1) Candidate is a permanent resident of or an immigrant to a foreign country (2) Declared by final decision of competent court or by the COMELEC to be guilty of having:
False material representation in a CoC, which may include the statutory and constitutional qualifications of a candidate for public office. Hence it must be read in relation to other qualifications
Sec. 68. Disqualifications. 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 (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, 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. 2 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. 1
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 the Omnibus Election Code; d. solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or e. violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6 of the OEC
for public office. Essential elements: (1) candidate made a representation in his certificate; (2) Representation pertains to a material matter which would affect the substantive rights of the candidate (3) Candidate made the false representation with the intention to deceive the (Fermin v. electorate COMELEC)
Consequence
Person is disqualified from Person is never considered a continuing as a candidate, or if candidate, thus he cannot be he has been elected, from voted to office. holding the office. A person whose CoC is denied There can be valid substitution. due course or cancelled A candidate who is disqualified cannot be substituted because under Section 68 can be validly he is never considered a substituted under Section 77 of candidate. the OEC, because he remains a candidate until disqualified.
Period for filing
On any day after the last day for At any time not later than filing of CoC but not later than twenty-five (25) days from the date of proclamation the time of filing of the CoC
