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COMMISSION ON ELECTION.
IT " ADMIN

5t1, 162023 (

Republic of the Philippines TITf

COMMISSION ON ELECTIONS
Intramuros, Manila

AMENDMENT TO THE RULES GARCIA, Ceorge Erwin M Chairperson

OF PROCEDURE ON THE INTING, Socorro B.
CASQUEJO, Marlon S.
Commissioner
Commissioner
FILING Or: (1) PETITION TO FEROLINO, Airnee P. Cornrnissioner
DENIY DUE COURSE TO OR BULAY. Rey E. Commissioner
CANCEL CERTIFICATE OF MACEDA, Ernesto P., Jr. Commissioner
CANDIDACY; (2) PETITION TO CELIS, Nelson J. Commissioner
DECLARE A NUISANCE
CANDIDATE; AND (3)
PETITION FOR
DISQUALIFICATION IN
CONNECTION WTTH THE 2023
BARANGAY AND
SANGGUNIANG KABATAAN
ELECTIONS (BSKE) AND ALL
SUCCEEDING BSKES
THEREAF"TER /)
Se tember 12 20 tr
RESOLUTION NO.1O95O
WHEREAS, the Commission has promulgated COMELEC
Resolution No. 10924,1 ("General Guidelirres") among otherc, setting the
periods for the filing of Petitions to Deny Due Course to, or Cancel
Certificates of Candidacy, Petitions to Declare Nuisance Candidates, ard
Petitions for Disqualification. ln enacting the same, the Commission
considered it vital to fix the periods for filing of Petitions to Denv Due
Course to or Cancel Certificates of Candidacv, Petitions to Declare Nuisance
Candidates, and Petitions for Disqualification to ensure their timelv
resolution and to avoid instances of voter disenfranchisement;

WHEREAS, on 30 August 2023, the Commission promulgated

COMELEC Resolution No. 109462 creating the Committee on KontraBigay,
that among others, will provide an efficient mechanism and structure for the
implementation of the polices and guidelines of the Corrmission against
vote-buying and vote-selling, and ensure the active participation of all
1 "Gmeral Gridelines and Other Related Rules and Regtlations for the Octobet 30, 202i Barangay
and Sangguniang Knbataan Elections (BSKE) and AU Succeeding BSKEs Thoeafer," promulgated on
June7,2W.
2 " Creation of the Committee on KontraBigay Complaint Cetter and Rules and Regulatians in
Connection uith the Disquakfcation of Candidat* t'o Vote-Buying Llnder Section 68 of the Ornnibus
Election Code and Prwecution of Vote-Selling as an Election Code and Prweantion of Vote-Buying and
Vote-Selling as an Election Offrnse Under Section 261 (A) of the Same Code, " promulgated on August
30, 2023.
 Page 2 of -l

sectors of society in the pursuit of the Comrrrission's effort to systematically

stop the perpetration of vote-buving and vote-sellin& thereby protecting the
sanctiw of votes.

WHEREAS, on September 7, 2023, the Commission created the Task

Force Against Premature Campaigning, to, among others, conduct
synchronized, nationwide operations to remove iJlegal campaign materials
and to assist in the prosecution of instances of violation of the prohibition of
election campaign or partisan political activity outside the campaign period
or prematwe campaigning as provided under Section 80 of the Omnibus
Eleclion Code (OEC).

WHEREAS, Section 29 of the Electoral Reforms Law of -1987, 3as

amended by Section 28a of RA 8436s provides that if it should no longer be
reasonably possible to observe the periods and dates prescribed by law for
certain pre-election acts, the Commission shall fix other periods and dates
in order to ensure the accomplishment of the activities so voters shall not be
deprived of their right of suffrage;

WHEREAS, it is vital to fix the periods for filing of Petitions for

Disqualification to accomplish the campaign of the Commission against
premature campaigning, vote-buying and vote-selling, to protect the
integrit.v of the elections and enable the true determination of the people's
choice;

NOW THEREFORE, the Commission, by virtue of the powers vested

in it by Section 3, Article IX-C of the 1987 Constitutioru the Omnibus Election
Code, Republic Act No. 6646, Republic Act No. 8436, and other election
laws, RESOLVED, as it hereby RESOLVES to promulgate the following
amendments to COMELEC Resolution No. 10924:

SECTION 1.. Atnmilmmt to

Section 592. Section 592 of the Ceneral
Guidelines is hereby amended as follows:

"Section 592. Whento EilePetition. For the BSKE, the following

periods for filing shall be observed:

a. Petitions to Cancel or to Deny Due Course to a Certificate of

Candidacy; Petitions to Declare a Candidate as a Nuisance
Candidate, must be filed within (5) days from the time of the
filing of the COC.
: Republic Act No.6646, promulgated on January 5, 1988.
a Section 28. Designation of otha' dates for cutait pre-election acts. - ll it shall no longer he
reasonably possible to observe the periods and dates pn:scribed by law for certain pre-election acls,
the Commission shall fix other periods and dates in order to ensure atromplishment of the
activities so voter-.i shall not be deprived of their suffragp.
5 Republic Act No. 8436, "An Act Authorizing the Commission on Elections to Llse an Auto atad
Election System in tk Mav 11, 1998 National and Local Elections and in the Subsequatt National and Local
Electoral Exercises, Prooiding Funds Therefor and for Other Pu?oses, " December 22, 1997, a*J as
amended.
 Page 3 of -l

b. Petitions for Disqualification must be filed on the following

periods:

l. For disqualification based on grounds provided under

Section 686 of the OEC, except the last sentence thereof, the
Petitions for Disqualification must be filed within five (5)
days from the time of commission or from the discovery of
the commission of the offense, but not later than the date
of proclamation, Petitions for Disqualification must be
initiated by this Commission n@fit propio not later than
the date of proclamation.

These shall include, among others, disqualification for the

coilrmission of vote-buyingT and violation of the prohibition
on election campaign or partisan political activity outside
the campaign or premature campaigning.a

However, it shall exclude the ground on the status as a

permanent resident or immigrant to a foreign country,
which shall be filed within the period set in Section 592.b.t1,
herein.

ll, For disqualification based on Section 40 (a); (b) and (c) of the
Local Goverrurent Code of
1991,,s the Petitions for
Disqualification must be filed from the time of the filing of
the COC, but not later than the date of proclamation.

iii. For Petitions for Disqualification based on all other grounds

under the LGC and the OEC and the last sentence of Section
68 of the OEC, the Petitions must be filed within (5) days
from the time of the filing of the COC."

Let the Office of the Clerk of the Comrrrission implement this

Resolution.

6 Sec.68. Disqualifications. - Any candidate who, in an action or protest in which hc is a

party is declared hy filal dedsion of a compctent court l,uilty of, or found by thc Commission of
havnrg (a) gjven rnoney or other naterial considcration to ilJluencc, tlduce or corrupt the votcrs
or public officials perfornring electoral funchons; (b) conrmitted acts of terrorism to enhance his
candidacy; (c) spent in lts ele.tion caDlpaigl an amount in excess of that allowed by this Codc; (d)
solicited, received or made any contribution prohibited under Sections 89, 95,96,97 and 104; or (a)
violated any of Sections 80 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall
be disqualified faom curtinuing as a candidate, or if he has been elct'ted, Irom holding the office.
Any person wht) is a permanent rt:sident of or an immigrant to a foreigp country shall not bc
qualified to rul for any elective office under this Code, unless said person has waived his status as
pennanent residcnt or immigrant of a foreign counLry in accordance with the residence
requircnent provided for in the election laws.
7 Punbhed under under Section 261(a) in relation to Scction 68.
8 Punished under under Section 80 in relation to Section 68 of the OEC.
e Republic Act No. 7160, "An Act Providing for the Local Government Code of 191,"
October 101991.
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SECTION 2. Sepnrability Clause. If any part or provision of this

resolution is declared invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.

SECTION 3. Effectioity. This resolution is immediately effective

upon publication and shall cover all cases filed and pending for the 2023
BSKE.

SECTION 4. Publication, Dissentination and hnplenentation. The

Education and lnformation Department (EID) shall cause the publication of
these general guidelines in at least two (2) daily newspapers of general
circulation in the Philippines. The Information Technology Department
(ITD) shall cause the posting of this resolution in the COMELEC guidelines
hr the official website of the Commission.

Let the Clerk of the Comrnission implement this resolution.

SO ORDE

GEORGE EITWIN M. GARCIA

--.8000111927
LIlarIman

S CO O B.INTING NS. UEIO

Comnissioner

A E LINO REY Y
{Cornmissioner C er

ERNESTO RDINAND
Commissioner
P. CEDA,IR. .'.i#i;*"
CERTIFICATION

APPROVED for publication,

DIR. CON ELO B DIOLA

Commissiott Secretary