Administrative LawPetition for DisqualificationPetition to Deny Due Course (Cancellation of Certificate of Candidacy)

Petition for Quo Warranto

FunctionA person disqualified under Sec. 68 of the OEC is merely prohibited to continue as a candidate.They can still be validly substituted under Sec. 77 of the OEC because he/she remains a candidate until disqualified.

One who is disqualified under Sec 68 is still technically considered to have been a candidate, albeit proscribed to continue as such only because of supervening infractions which do not, however, deny his/her statutory eligibility.

While the candidates compliance with the eligibility requirements as prescribed by law such as age, residency and citizenship, is not in question, he/she is however, ordered to discontinue such candidacy as a form of penal sanction brought about by the commission of election offenses mention by law.

A verified petition seeking to deny due course to or cancel a certificate of candidacy (not to disqualify a candidate)

It involves the issue whether there is a false representation of a material fact. The false misrepresentation must consist of a deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a candidate ineligible.

Section 78 of the OEC:Cannot be substituted because he/she has never been a candidateA special civil action under the OEC which raises in issue the disloyalty or ineligibility of the winning candidate. It is a proceeding to unseat the respondent from office but not necessarily to install the petitioner in his place.

It precludes the subsequent filing of a pre-proclamation controversy or amounts to the abandonment of one earlier filed, thus depriving the COMELEC of the authority to inquire into and pass upon the title of the protestee or the validity of his proclamation.

Grounds1. Any person who has been declared by competent authority insane or incompetent, or has been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he has been sentenced to a penalty of more than 18 months or for a crime involving moral turpitude, shall be disqualified to be a candidate and to hold any office, unless he has been given the plenary pardon or granted amnesty.

2. Any candidate who, in 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 the OEC(d) solicited, received or made any contribution prohibited under Sec 89, 95, 96, 97 and 104 of the OEC(e) violated any of Sections 80, 83, 85, 86 and 261 paragraphs d, e, k, v and cc, subparagraph 6 of the OEC

3. Any person who is a permanent resident or immigrant to a foreign country shall not be qualified to run for any election under the 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

1. If it is shown that said certificate has been filed to put the election process in mockery or disrepute

2. If said certificate was filed to cause confusion among the voters by the similarity of the names of the registered candidate

3. If there are other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate 1. Ineligibility- a candidate is ineligible if he is disqualified to be elected to office, and he is disqualified if he lacks any of the qualifications for elective office

2. Disloyalty to the Republic of the Philippines

Period(a) Before election, pursuant to Sec 78

(b) After election, pursuant to Sec 253 of the Code (within 10 days after the proclamation of the results of the electionFiled at any time not later than 25 days from the time of the filing of the certificate of candidacy and shall be decided, after due process and hearing, not later than fifteen (15) days before the election.

Must be initiated within 10 days after the proclamation of the election results