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Republic of the Philippines

COMMISSION ON ELECTIONS
Intramuros, Manila

RULES OF PROCEDURE ON GARCIA, George Erwin M Chairperson

THE FILING oF: (1) PETITION INTING, Socorro B. Commissioner
TO DENY DUE COURSE TO OR CASQUEJO, Marlon S. Comrnissioner
CANCEL CERTIFICATE OF FEROLINO, Aimee P. Commissioner
BULAY, Rey E. Comrnissioner
CANDIDACY; (2) PETITION TO MACEDA" Emesto P., Jr. Comrnissioner
DECLARE A NUISANCE CELIS, Nelson J. Comrnissioner
CANDIDATE; AND (3)
PETITION FOR
DISQUALIFICATION IN
CONNECTION WITH THE 2025
NATIONAL AND LOCAL
ELECTIONS INCLUDING THE
BANGSAMORO
AUTONOMOUS REGION IN
MUSLIM MINDANAO
PARLIAMENTARY
ELECTIONS.
August 28, 2024

RESOLUTTON NO. 11046

WHEREAS, COMELEC Resolution No. 10722,r as amended by

Resolution No .10723,2 enacted the guidelines in the conduct of preliminary
conference proceedings in the disposition of special action casei

WHEREAS, in adherence with the Comrnission on Election s

commitment to promptly resolve cases, the Commission promulgatecl
Resolution Nos. 9523,9 10623,4 and 10961s which laid down the lules
goveming the filing of petitions for denial of due course to or cancellation
of certificate of candidacy, disquali{ication, and declaration as nuisance
candidates for the 12 May 2025 National and Local Elections (NLE) and
Bangsamoro Autonomous Region in Muslim Mindanao parriamentary
Elections (BARMM-PE);

1 In tlre Matter of the Guidelines in the Conduct of pr€liminary Conferencc proceedings, Clarilying
Resolutions
No. 9523 and 10673, 06 October 2021.
2 the Matter of SPecial Action cases Motu Proprio filed Against Nuisance presidential
-ln -SSZ, vice-presidentiaL and
Senatorialcandidates, Further Clarifying Resoludons No. f mZg,-an d7UZi,., t2 Octotl.x ZAZI.
1 In the Matter of the Amendment to Rules 2,24 and 25 of the CoMELEC Rules of procedure
for purposes of the
13 May 2013 National, lrcal and ARMM Elections and Subsequent
Elections, 25 September 2012
I In Re: Guidelines on Electronic Filing Conduct of Hearings/ Investigations/ Inquiries.,id Video Conference and
Service, 25 June 2020.
5 ln the Matter of the AmendnEnt of the Manner and Schedule of Filing of pleadings pusuant to COMELEC
Resolution No. 10673 Entitled: Guidelines on Elecbonic Filin& Conduct of Hearin"gs/ Investigitions/
lnqutries oia Victeo
Confermce and Service, 20 Decembe! 2023.
 Page 2 oI 1.4

WHEREAS, leaning towards a vibrant philippine democracy, the

Commission on Elections undertakes to simplify the rules and guidelines on
the resolution of special action cases;

WHEREAS, the Commission anticipates that sheer volume of

Petitions to Deny Due Course to or Cancel Certificates of Candidacy,
Petitions to Declare Nuisance Candidates, and petitions for Disqualification,
will be filed relative to the 2025 NLE and BARMM-pE;

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

in it by Section 3, Article IX-C of the 19g7 Constitutiorya the Omnibus
Il::to_1 _Code,z
Republic Act No. 6646,8 and. other election laws,
RESOLVED, as it hereby RESOLVES to promulgate the following Rules
oi
Procedure for the purpose of the 2025 NLE and BARMM_PE:

Section L. Grounds.

a. Denial or Cancellation of certificate of candidacy. - A verified

Petition to Deny Due Course to or Cancel a Cer#icate of carididacy for any
eleltive office may be filed by any registered. voter or a duly registerei
political party, organizatiory or coalition of poritical parties, on tire eiclrrrire
ground that any deliberate and materiar representation contained in the
Certificate of Candidacy (COC) as required Uy taw is false.

b. Declaration of a candidate as a Nuisance canilidate. A verified

-
Petition to Declare any candidate as a Nuisance Candidate may be filed by
the Commission or any candidate for the same position, on any of thl
following grounds:

1. The COC has been filed to put the election process in mockery
or disrepute;

2. The COC causes confusion among voters by the similarity of

the names of the registered candidates; and

J By other acts or circumstances which clearly demonstrate that

the candidate has no bona f.de intention to run for the office for
which the COC has been filed and thus prevent the faithful
determination of the true will of the electoiate.

6 srcrloN 3. The Commission on Elections may sit e,, brlncorin two divisionE, and shall prcmulgate its rules of
Pro'edure in order to exPedite disPo8ition of election cases, including pr€-proclamation conkoveEies. All such election
cases shall be heard and decided in division, provided that motions
forieconiideration of a*i"io* ru u a".iJ"J ty tr,"
Corruf,dssion e, Dr,rc. (Emphasis Supplied.) "t
7 Batas Pambansa B1g.681, apploved on m December 1985.
Act lntloducing Additional Reforms in the Electoral system and for other purposes,
:, . -f
Electoral Reform.s Inw of 198f, approved on 05 January 198g.
also Lnown as,,The
 Page 3 of 14

A Petition to Declare a Candidate a Nuisance Candidate invoking

grounds for a Petition to Deny Due Course to or Cancel COC or grounds
for Disqualificatiory or combining grounds for a separate remedy, shall be
summarily dismissed.

c. Disqualification of Caniliilates. - A registered voter or a duly

registered political party, orgrization or coalition of political parfies may
file a verified Petition for Disqualification against any candidate for any of
the following grounds:

1. For lack of qualifications or possessing any of the grounds for

disqualification provided by law or the Constitution;

2. For failure to file Statement of Conkibutions and Expenditures

(SOCE) for two elections pursuant to Section 14 of Republic Act
No. 7166;e 21d

3. ln an action or protest in which he or she is a party, for having

been declared by final decision of a competent court, guilty ot
or found by the Comrnission of having:

1. Given money or materiai consideration to influence,

induce to corrupt voters or public officials performing
electoral functions;

ii. Committed acts of terrorism to enhance his or her

candidacy;

iii. Spent in his or her election campaign an amount in excess

of that allowed by law;

' Sec. 14. Statement of Contributiorc and E{re[ditures; Effeat of Failure to File Statement. Every candidate
-
and keasurer of the Political party shatl, within thnty G0) days after &e day of the electiory ftle in duplicate with the offices
of the Commission the hrll, true and itemized statement oI all conEibutions and expenditures in conne{tion with the
election. No person elected to any Pubtc offices shall enter upon the duties of his office until he has filed the statement of
contributions and expenditures herein required. The same prohibition shall apply if the political palty which nominated
the winning candidate fails to file the statement requted herein within the period prerribed by this AcL

ExcePt candidates for elective barangay office, failure to file the statements or reports in connection with elecloral
contributions and exP€nditures are required heiein sha-ll constifute an adminGkative offense for which the offenders shall
be liable to pay an adninishadve fine mnging ftom one thousand pesos (pl,mo.m) to Thtty rhoujand pesos (r,30,000.m),
in the discetion of the Coftmission.

The fine shall be Paid within thtty (30) days ftom leceipt of notice oI such failure; otherwise, it shall be
enlorceable by awiit of execution issued by the Commission against the properties o{ the offunder.

It shall be the duty of every city or municipal election registrar to advise in writin& by personal delivery or
registered mail, within five (5) days ftom the date of election all candidates residing in his jur:isdiction to comply with tlreir
obligation to file their statements of contributions and expenditures.

For the commission of a second or subsequert offense under this section, the administiative fine shatl be from
Two thousand pesos (P2,000.m) to Sixty thousand pesos (P60,000.m), in Ore discretion of the Commission. In addition, the
offender shall be subiect to perpetual disquatification ro hold public office. (Emphasis Supplied.)
 Page 4 of '14

iv. Solicited, received, or made any contribution prohibited

under Sections 89,10 95,11 96,12 97,-13 and 1041a of the
Omnibus Election Code;

r0 Sec. 89. TransPortation, foo4 and drinks. - It shafl be unlawful for any candidate, politica.l
party, organizatio&
ot an] person to give or accept, free of charge, directly or indirectly, transportatiory food or driiks or tiings
of vjue durlng
the five hours before and after a public meeting on tire day preced;ng the election, and
on the day of the iectiory or to giv!
or conhibute, directly or indirectly, money or things of value for such p,lrpose.

r1 Sec. 95. Prohibited .ontributions. - No contribution for purposes of partisan pottical

activity shall be made
directly or indirectly by any of the following:
a Public or Private financial institutiois: Provided, however, that flothing herein shall prevent the making of any
loan to a candidate or political palty by any such public or private finaricial instituti; legally
in th" t*,"in"", Jt
lending money, and that the loan is mad€ in accordance wiih laws and regulations and in'the'ordin"ry
business;
J;;;;;
b Nahrral and iuridical Pe$ons oPemting a public utility or in possession of or exploiting any nafural resources of
the nation;
c' Nafu.al and juridical pelsons who hotd contracts or sutlcontracts to supply the government
or any of its
divisions, subdivisions, or instrumentalities, witl goods or services or to peiform cons"truction or
other iorks;
d Nafural and juddical Persons who have b€en graited &anchises, incentives, exemptions, allocations
or similar
Privileges or concessions by the government oiany of its divisions, subdivisions, o; instrun"nt fiues, ioardinJ
govemment-owned or conholled corpora tions;
e Nafural and iuridical Peisons who, within one year prior to the date of the election, have been granted loans or
other accoomodations in ercess of P100,000 by the govemment or any of its divisions,
iubdiyisions or
inshumentalities induding government-owled or controlled corporations;
_
f Educational instihrtions whichiawe received gmnts of public f1rJtis amounting to no less than p1m,000.00;
g. Officials or emlloyees in the Ci\ril Servicg or irembers of the Armed Forces of-the philippines; and
h. Foreignds and foreign corporations.
It shall be uJawful for any Person to solicit or receive any conkibution ftom any of the persons or entities
enumerated
herein.

r2 Sec'-96. Soliciting ol receiving conkibutions from foreign sources. - It shall be unlawful for any person,
. .. pd,r., or
I:t-l!Tg: larty Public or.private entity to solicit or receive, dtectly or indirectly, any aid or contribrition oi
wjratever form or nature from any foreign national, govenrment or entity for thepurposes of influencing the resuls of the

a Sec' 97. Prchibited raising of funds. - It shall be unlawful for any person to hold dances, lotteries,
coc6ights,
games, boxing bouts, bingo, beauty contests, entertainments, or cinernatograpir.ic,
tleatrical o, o0rer performarr.es foi G"
Pr'rrpose of laising funds for an election campaign or fff the support of-any candidate fiom Lhe commencement
of the
election period up to and induding election day; or for any_pers#o. organLtion, whether
civic or religous, dlrectly oi
indirectly, to soticit and/or accept flom any candidate for pubric ofEce, or ftom his
ca^p.ig. mi-ger, ag".ri o,
rePresentative, or any Person acting in their behalf, arty gift, food, transportatiorl
cofltribution orionation-in casi or in
kind from the commencement of the election perioa up to ird inctuaing election day; provided
That normal and custoDa-ry
retgious stipends, tithes, or collecions on Sundayi and/o! other Jesignated iollection days,
are excluded from thi's
prohibition.

Sec lM. Prohibited donatiorr by cardidates, trea.culers of parties or their agents. - No candidate,
his or her
sPouse or any relative within the second civil degee of_consanguinity or affinity, or h-is campaign managet agent or
tepressrtative shall during the catlPaign perio4 on t}re day before and on the day o{ the
erectl".r,"aitecuy 6r ina?".try,
I1I:^TI-11TP1 -ntribulion or gift in cash or in kin4 oi undertake or contribuie to the construction or iepair of road's,
Drldges/ school buses, puericultu-re centert medical clinics and hospitals, churches or
chapels cement pavemmts, or any
strucfure for public use or for the use of any religious or civic organization: pro\.ided, That.,o.
a -a.irrto-".y ,"tigro,;
dues or conhibutions, such as religious stipends, tithes or col&tions on sundays
or other designated collection dais, as
for.legitimate scholarships established and school iontribuuons ha"bitualty made uefore ttre
:,11.f .ry"tdi.
prohrbrted period,,P"y-ents
are exduded from the prohibition.
The same prohibition applies to treasurers, agents, or representatives of any political
party.
 Page 5 of 14

Violated any of Sections 80,1s 83,16 85,17 86,1s and 2611s

paragraphs d, e, k, v, and cc sub-paragraph 6 of the
Omnibus Election Code;

r5 sec- 80. Election caapaign ot Partisan political activity outside campaign period. It
- shall be unlawful for any
PelsotL whethet or not a voter or candidate, or for any party, or association of iersons, to engage in an election campaign
or partisan political activity except during the campaign period: provided, that poriticj
conventions or meetings to nominate their official caldidaies wrthin thtty days before iarties -rv hal p"iii.?
period and forty-five days for Presidentidl and Vice-presidential elrtion.
t}re co--*a"^*,'of ,rr" *'-p^igr,
16 Sec 83. Removal, destruction, or defacemelt of lawful election propaganda prohibited-
- It shall be unlawfir]
for anY qer11 d9n1g the.amPaign
Period to remove, destroy, obliterate,^or'in any manner deface or tamper witb or
prevent ihe distribution of lawful election propaganda.

Sec. &5. Prohibited form6 of election propaganda. - It shal b€ ur awful:

a.
To print, publish, post or distribute any poster, pamphleL circular, handbi4 or printed
matter urging
voters to vote Io! or against any.candidate unress they bear the names and
ad&eises of Ere printer"-f,
payor as required in Section g4 hereof
b.
To erect put up, make use of, attach, float ot display any billboard, tinplate-poster,
baloons and the
[ke, of whatever size, shape, form or kind, artvertising for or againsi any caldldate
or poli6cat party;
c.To purchase, hanufacture, request, dist!.ibute_o_r accipt electoial propiganda gadgeS,
ai p"i.s,
lighters, fans of whateve! nature, flashrights, afietic goods or mate'ri"t", *uu"t "r.n
,'"rrir"s, rruta, t"r,aanu",
rrgtcheg cigarettes and the like, except that campaitr supporterc accompanfing
a candidate shalt be
allowed to wear hats and/o! shirts or T-shirS adverlsing i cardidate;
n_ pubticly any ddverrisement or propa'ganda for oraga[rst any candidare by means
1::1"^:::-g*Py
ol. onematography, audio-visual units or other soeen proiartiom
eicept telecasts whrch may be
allol /ed as hercinafter provided; and
or tetevision station to sel o! give ftee of charge air rime for ca.Erpaign and
" ::I:y^Ls-: T1j*"*g
omer po[uca] purposes except as authorized in this code under the rures
and regurations promuigated
by the Commission pursuant thereto-
prohibited election_propaganda gadget or advertisenEnt shall be stopped,
,^ _ oy ,lrly
oown -
the representative of tle Commission upon specific authority of the
confiscated or tom
Cornmission.

Sec. 86. Regulatiol of election propaganda through mass medi& -

a. The Commission shall promulgate rules and regulations regarding the sale
of air time for partisan
political purposes during the campaign period ti i"s*" tt E-e as to duation and qr]afiry in
"""qU
available to all candidates for the sa me office or poli tical parties i t the same rates or 6vel1 free of charge;
that such rates are reasonable and not higher tiran t,ose charged
o*rer buyer or isers of a,, time ior
non-poritical puiposes; that the provisions of this Code regaidrng trre tmrtauon
of expenaitures by
candidates and political parties and contributions by pnv-ate peLns,
entities and irstitutions are
elfectively enlorce4 and to ensure that said radio u.oaacasting tuturision stations shall not unduly
allow scheduling of any program or permit any "oato manifestly
sponir
.tlre favor o. oppor" *i
candidare or. potitical.parry by unduly or rep€atedly ieferring to or incl"ai"g
*ta unaTol
l-ry
l_._uY
in. such. pro_gram respectin& however, in al-instances tfre ight of "_aUiti
saia staUons to
of significant or newswolthy events and views on matters o-f public interesl
.D. :lf,"jTl ":.".r"ts
Att contracE for adverdsing in.any newspaper, magazine periodical or any form of publication
promoting or opposing the candidary of any person for public office
shau, beiore its imple'mentation,
be registeredty said newspaper, magazine, periodical or publication
with the Commision In every
case-. it shall be signed by the candidate concemed or by the duly
authorized representative of th'e
political party.
c No ftanchise or peimit to opeEte a radio or television station shall be ganted
or issue4 suspended or
cancelled during the election period.

Any radio or t€levision sbations, including that owned or controlled by

the Covemment, shall give ftee
oJ charge equal timeand prominenc€ !o an accr€ditia-potitil^r purty
o. ie ca.Iaates r it 6ves free of charge aii
time to an acsedited potitical party or its candidates for poUtici pirposes.

In all instances, the commissionshall superuise the use ard employment

of pless, radio and terevision
u" t-o candidates equal opporirrriti"" ,"ao Lr;;rances to make known
1"*9.". . .r"
.gly" rheir
quaxncabons anct their stand on pubric issues within the limits set "q"uf
fortr in this code on election spending.
regulations promulgaled by the Comnission
under and by authority of this section shall
^---.1r:,:-O
,.,_^ o.n tlre seyenrh day aJrer rieir pubtication in at least h^r'o
daily ne*spaiers of general ctculation. prior
:iK::nTt O.-:..Td regutarion5, no potitical advertisement or propaginda tor or against any
::-T1:5::1?.9,
canoloate or potihcal,tparty shall be published or broadcast through the ma.a, media.

violation of the rules-and regulations of the commission issued to implement this section shall be an
erecoon ofense punishable under section 264 hereof.

Sec. 261. Prohibited Acts. - The following shali be guilty ot an election offerse:
d. Coercion of subordinates.
1. Any public officer, or any.of{icer of any public or private corporation or association,
or any
head, superior, or adminishator of any_retigious organization, or any
employer or land_
owner who coerces or intimi.dates or compels, o, i, *y aur*u. ir,nr"rr"",
air"atty oa
indirectly, any of his subordinates or members or parisirionets or
employees or house
 Page 6 of 74

helpers, tenants, overseers, farm helpers, tillert or lease holders to ai4 campaign or vote for
o! against any candidate or any aspimnt for the nomination or selection of caididates.
2. Any public officer or any officer o( any commercia! industrial, agricultural, economic or
social enterprise or public or private corpolation or association, or any head, superior or
adminishator of any religious organizatioru or any ehployer or landowner who dismisses
o! threatens to dismist punishes or threatens to punish be reducing his salary, wage or
compensatioL or by demotiory hansfet suspensioo sepaiation, excoarmunicaloo
eiechnent or causing him annoyance in the pe ormance of his job or in his membelship, any
subordinate member or aJfiliate, paijshioner, employee or house helper, benant, overseer,
farm helper, tillet or lease holder, for disobeying or not cornplying with any of the acts
ordered by the former to aid, campaign or vote for or against aiy candidatq or any aspirant
for the nominatiofl or selection of candidates.

e. Threats, intimidatioru terorism, use of fraudulent device or other fomts of coercion. - Any pe$on who,
directly or indirectly, threatens, intiEidates or actually causes, inflicts or prcduces any vi;l;nce. iniury,
punislmenL damage, Ioss or disadvantage upon any person or persons o, that ;f the imm;iaie
members of his family, his honor or property, or uses aiy fraudulmt device or scheme to compel or
induce the registration or reftaining from registration of any voter, or the participation in a campaign
or rcfraining or desistance kom any campaign, or the casting of any vote or omission to vote, oi aiy
promise of such registration, campaign, vote, or omission theiefrom.

k. Unlawhrl electioneering. - It is unlawful b solicit votes or undertake any propaganda on the day of
regiskation before the board of election in-spectors and on the day of electibn, for or against -any
candidate or any political party within the poling place and with a ridius of thirty meters thereof.

Prohibition against release, disbuisement or expenditure of public frmds. _ Any public official or
employee includingtarangay officials and tlose of government-owned or conholled iorporations
ancl
thet.subsidiaries, who, during forty-five days before a regular election and thirty days before a special
electioru releases, disburses or expends any public funds iot:
1. Any and all kinds of publjc works, except the following:
a. Maintenance o( existing and/or completed public work project p.ovided, tlEt
not more tian the average numbet of Iaborers or employees already employed
thereir during the six-month period inmediabely prior io the beginning'of the
forty-five-day periodtefore election day shall be permitte,t to wor"k durig such
time: Provide4 further, that no additional laborers shall be employJd for
maintenance work within the said period of forty_five days;
b. Work undertaken by contract tluough public bidding held, or by negotiated
conhact awatded, beiore the forty_five-day pedod before election: provided, that
work for the purpose of this section undertaken under the socalled ,,takay,' or
"paquiao,, system shall not t€ considered as work by conEac,
c. Payment for the usual cost of preparation Ior working drawings, specifications,
bitls of materials, estimates, and other procedures preparatory to actual
conskuction t1cluding the purchas€ of mateiials and equipment, and att incidental
expeises for wages of watchmen and other laborers employed for such work in
the central office and field storehous€s before the beginnhg of such pe od:
Provided, That the number of such latrorers shall not be inoeased over the number
hired when the pro,ect or ploiects were commenced; and
d. Emergency work necessitated by t}le occurrence of a public calamity, but such
work shall b€ limited to t_he restoration of the damaged lacility.

No payment shall be made within five days belore the date of election to labolers
yl-to-lay: rengeI:d services in projects or works except those falling under subparagraphs
(a), @), (c), and (d), of this pangraph.

- This prohibition shall

m:
not apply to ongoing public works pmjects commenced
-foreign
ffu* _*-p1gi_ qeriod or similar prolecs under agreements. !o, purposes ot
this provision, it shall be the duty of the govemment officials or agencies concerned t report
to the Corunission the list of all such projects being undertalen 6y them_

2. The Minisky of Social Serices and Development and any other office in other minisEies
of
*le goverrune-nt petforming functions similar to said minisky, except for salaies of
persormel, and for such other routine and normal expenses, and fot such othet expenses
as
the Commission nray authorize after due notice and hearing. Should a calamity or disaster
occrrf, all re]eases nornrally or usually coursed though th; said ministries and offices
of
other ministries shall be tu-rned over to, and adminisGd and disbursed b, the philippine
National Red Cross, subject to the supervision of the Commission on Audit or iS
representatives, and no candidate or his or her spouse ot member o( his family within the
second civil degree of affinityor consanguinity shall participate, directly or indtectly,
in the
disb-ibution of any relief or other goods to the victihs of ft; cahmity oi disaster; and

3. The Ministry of Hurnan Settlements and aiy other office in any other minishy of the
government performing functions sifdla.r to said ministry, except ior salaries of pelsormel
anq for su+ other necess,ary administrative or other eipensei as the Commission may
authorize after due notice and hearing.
 Page 7 of '14

vi. Acquired permanent residency or imrrdgrant status in a

foreign country, unless waiver of status as permanent
resident or immigrant of a foreign country is made in
accordance with the residence requirement provided for
in election laws;

vii. Violated any of Section a0 (a), (b), and (c) of the Local
Government Code (LGC) of L991;zo 6y

viii.Violated all other grounds under the LGC and the OEC.

Section 2. When to File Petition. -

a. Denial or Cancellation of Certificate of Candidacy. - The petition
must be filed not later than a non-extendible period of twenty-five
(25) days from the time of filing of the COC subject of the peririon.

In
case of substitution of candidate by reason of death or
incapacity, the Petition must be filed within five (5) days from the
time the substitute candidate filed his COC.

b. Declaration of a Candiilate as a Nuisance Candidate. - The petition

shall be filed within a non-extendible period of five (5) days from the
last day of the filing of COC.

In case of substitution of candidate by reason of death or incapacity,

the petition shall be filed within a non-extendible period of five (5)
days from the time the substitute candidate filed a COC.

c. Disqualification of Canilidates. - The petition shalt be filed not later

than the date of proclamation

For cases under Section 1.c.2, the Petition shall be filed at any time
during office hours.

cc. On candidacy and campaign:

6. Any person who solicits votes or undertakes any propaganda, on the day of electioL for or
against any candidate or any political party within the polling place or within a radius of thirty
meters thereof.
Republic Act No, Z60, SECTION,$. Disqualifications.
The following persons are disqualified from ru.rming for any elective local position:
(a) Those senfenced by final
iudgment lor an offense involving moral tuipitude or for an offense
puniEhable by one (1) year or more of imprisoffnent, two lZ1 years alter serving
sentence; ".,itfrin
(b) Those removed lrom office as a result of an adndnisEative case;
(c) Those convicted by final judgnent for violating the oath of allegiance to the Republic;
 Page 8 of 14

Section 3. Wherc to File Petition and Manner of Filing. - The verilied

petition shall be filed personally or oia electronic mail at the OCOC.

In case the petition is filed personally, the party shalt submit four (4)
hard copies of the petition with complete annexes, a portable Document
Format (PDF) thereof saved in a read-only flash drive, and proof of payment
of the fees.

In case the petition is filed electronically in pDF, the party shall

immediately send four (4) hard copies of the petition with complete annexes
along with the payment of filing and legal research fees through the fastest
means available, including personal filing, registered mail, or any courier
services, before the afore-mentioned office.

Petitions fi-led not in accordance with these ruies shall not be docketed
or may be outrightly dismissed. However, the petitioner may re-file the
petition in accordance with these Rules before the lapse of reglementary
period provided for filing of the petition.

In cases of Petitions fliled motu propio by the Commissiory either

personal or E-mail filing is sufficient.

section 4. Proceilures to be obsented. - Both parties shall observe the

foliowing procedures:

1. The petitioner shall, before filing the petition, furnish the

respondent with a copy of the petition with complete annexes,
through personal service or ainE-mall, to the physicai address or E_
mail address indicated in respondent's COC;

2. An electronic copy of Respondent's COC, downloaded from the

official website of the Commissiory is admissible in evidence if it
complies with the rules on admissibility prescribed by the Rules of
Court and related laws and is authenticated by the submission of
an affidavit stating the circumstances thereof;

3. Any notice or document sent to the E-mail address provided in the

COC shall be considered received by the candidate, and shall be
binding on the candidate as if the notice or document had been
personally served. The candidate shall be responsible for ensuring
that the E-mail address or physical address provided in the COC is
accurate and accessible at all times;

4. In cases where personal or electronic service is not {easible, or the

respondent's whereabouts cannot be ascertained, the petitioner
shall execute an affidavit stating the reason or circumstances
 Page 9 of 74

thereof and resort to service ula registered mail or any courier

services. The proof of service or affidavit stating the circumstances
of the service shall be attached to the Petition;

5. The Petition shall contain the correct information as to the

addresses, telephone numbers, and E-mail of both parties and
counsel;

6. Upon receipt of the Petitiory and the official receipt for the payment
of filing fees of PhP 10,000.00 and legal research fee of php
1.00.00,the case shall be docketed accordingly and be prefixed as
sPA (DC).

An additional payment of fees of the same amount shall be charged

for every additional respondent.

For motu proprio cases filed by the Commissiory there shall be no

filing and legal research fees and be prefixed as SpA (DC)(Mp) and
sPA (DC)(CF);

6. The Petition shall be immediately raffled to a Divisiory provided

that Petitions alleging perpetual disqualification frorn- holding
public office shall instead be referred to the Law Department of the
Commission for proper administrative disposition. Thereafter, the
OCOC shali verify compliance with the a{ore-mentioned
requirements;

7. The Commission may summarily dismiss the petition on any of the

following grounds:

i. The Commission has no jurisdiction over the subject matter;

ii. The Petition is insufficient in form;

111 The Petition was filed beyond the period prescribed by the
rules;

iv. The filing fee and legal research fee were not paid within
the reglementary period;

v. The Petition was not filed in the proper venue;

vi. The petitioner failed to duly serve the petition with

complete annexes to the respondenf

vii. The petitioner failed to submit proof of service of the

Petition with complete annexes to the respondent or failed
to execute an affidavit of service;
 Page 10 of 14

viii. The petitioner knowingly provides a false or incorrect E-

mail for the respondent or uses a different E-mail address
than that indicated in the latter's COC or in any way
provides defective notice, such as failing to attach a copy of
the Petition in the E-mail; and

ix. The parties failed to comply with the rules governing

electronic filing and service of pleadings and other papers
by the parties, except cases filed personally.

8. If the Petition is not summarily dismissed, the OCOC shall issue the
corresponding Summons directly to the respondent or through the
Office of the Election Officer (OEO) having jurisdiction over the
party, oia E-mail. Provided that iJ the Summons is served
eiectronically to the field office, the concemed OEO shall personally
serve a copy of the Summons, Petitiory and Annexes to the
respondent.

Within a non-extendible period of five (5) days from receipt of the

E-mail, the field office concemed shall send an affidavit of service
and acknowledgment receipt to the OCOC through E-mail;

9. Within a non-extendible period of five (5) days from receipt of

surrunons, the respondent shall file his or her verified ANSWER
CUM MEMORANDUM personally or oia E-mail
(clerkofthecommission@comelec.gov.ph) pursuant to Section 3 of
these Rules. Respondent shall fumish the petitioner a copy thereof.

The failure of the respondent to file his or her verified Answer cum
Memorandum within the reglementary period shall bar the
respondent from submitting controverting evidence.

A motion to dismiss, reply, rejoinder and similar pleadings are

prohibited and shall be considered mere scraps of paper.
Nonetheless, the grounds for a motion to dismiss rnay be oiud u,
affirmative defenses.

Once the case is submitted for Resolutiory no other pleadings

seeking affirmative relief shall be allowed.

Further, there shall be no Motion for Reconsideration on any

Interlocutory Orders; and

10. The case shall be deemed submitted for resolution upon the receipt
of the responden/s Answer cum Mernorandum o. opon th"
expiration of the period to do so, whichever comes first.
 Page 11 of 14

The Commission may, at its discretiory set a clarificatory hearing,

and order any other pleading to be filed for a period not exceeding
three (3) days reckoned from the date of the hearing.

Section 5. Reception of Eaidence. - In case the Division or the

Commission En Banc sets a clari{icatory hearing, the oCoC is hereby
designated to receive evidence and conduct a comparison between thl
original and f or certified true copies and copies of documentary and real
evidence.

section 6. Pro mulgation. -The promulgation of a Resorution or Final

order of the Division or rhe Commission En Binc shallbe made by filing or
delivering a complete copy of the Resorution or order with complete c"ase
records to the OCOC.

oCoC shall, thereafter serve the Resorution or Finar order of

The
the Division or Commissi on En Banc to all counsel, or parties if not
represented by counsel, through their officiar E-mail addresses or personar
service by the OEO.

The Division or the Commission En Banc may issue or promulgate

omnibus Resolutions or Final orders, when neceisary, for ihe proirpt
disposition of petitions.

section 7. Perioil to Resorzte. - The period to resolve shal be in

accordance with sections 7 and B, Rule 1g of the CoMELEC Rules of
Procedure as amended by COMELEC Resolution No. 7g0g.zr

section 8. Motion for Reconsideration. - A motion to reconsider a

Resolution or Final order of a Division shall be filed within five (5) days
from receipt thereof pursuant to section 3 of these Rures, and upon the
payment of filing fee in the amount of php 1,000.00. such motion, inotpro-
forma, stspends the execution for implementation of the Resolution or Final
order. The movant shall be required to fumish a copy of his or her motion
for reconsideration to the adverse party prior to fiiing the same with the
OCOC.

If the movant is not paying in cash through the Cash Divisiory he or

she shall-send a PDF copy of the postar Money 6rder, Cashier's
Check, or
Manager's Check to the same E-mair thread *iihir, th" reglementary period
to file.

In the Matter of Amending Rule 3 Sectons 4 6, and 8; Rrr]e 1g S€ctions

1 , ,.
Additional
1 and 5; and Rule 36 Section 8 with
sections of the 1993 CoMELEC Ru.les of Procedure and Inserting p.o*oi
a New Rule on precedence ana
promulgated on 16 January 2007.
 Page 12 of 74

Failure of the movant to pay the required filing fee and/ or research
fee, or fumish the adverse party with a copy of the motion for
reconsideration prior to the filing of the same, shall be a ground for the
dismissal of the motion for reconsideration, after eleiration to the
Commission (En Banc).

The Clerk of the Comrnission shall immediately notify the presiding

Commissioner of the Division who shali certify the case to the Commission
En Banc. The case shall be raffled for ."rolrrtio. to a member of the
Commission En Banc without need of comment from the adverse party. If
pro forma, the Motion for Reconsideration maybe denied.

Section 9. Finality -

A Resolution or Final order is deemed final and executory if, in case

of a Division ruling, no motion for reconsideration is fired within the
reglementary period, or the motion for reconsideration is denied in
accordance with the preceding paragraplU or in cases of rulings of the
Commission En Banc, no restraining order is issued by the supreire Court
within five (5) days from receipt of the Resolution or Final Order.

Section 70. Granting ofpetition - Effects. -

a. In the event a Petition to Deny Due Course to or Cancel Certificate
of Candidacy is granted by final judgment, the person whose COC is
cancelled or denied due course is never considered a candidate. Thus, the
votes cast for the candidate whose COC has been cancelled or denied due
course shall be deemed as stray votes.

Should the Petition be granted after the proclamation of the

candidate whose CoC has been denied due course or cancelled, the latter,s
proclamation shall be declared null and void and without any legal force
and effect. The person obtaining the highest number of valid ,rotes based on
the Certificate of Canvass shall be proclaimed as the duly elected candidate.

There can be no valid substitution for a candidate whose COC has

been cancelled or denied due course.

b. In case the candidate has been declared a nuisance candidate by

final judgment, the votes cast for the nuisance candidate shall be added tt
the candidate who share the same name. Thereafter, the candidate who
gamered the highest number of votes shall be proclaimed.
 Page 73 of L4

In cases where two or more candidates have the same names as the
nuisance candidate, the votes cast shall be considered as strav votes and
shall not be credited to any candidate.

In case the nuisance candidate does not have the same name as any
candidate for the same position, the votes cast for the nuisance candidatl
shall be considered as stray votes.

In case of a multi-srot office, i{ the ballot contains one vote for the
nuisance candidate and no vote for the bona
fiile candidate, the vote will be
counted in the latter's favor. However, if the nuisance candidate and the
bona fde candidate each gets one vote, onry one vote w r
be counted in the
latter's favor.

c. In the event a Petition to Disqualify a candidate is granted by finar

judgment and disquarified candidate outui* the higiest nrmt". of
-the
votes, the candidate with the second highest number of votes car*rot be
proclaimed and the rule of successiory if allowed, shal be observed.

In case the rules of succession shall not apply, avacancy shall exist
for such position.

Section 11,. Petition if llwesoloeil Before Completion of Canoass _

Effects. - II a Petition to Deny Due course to or Cancel a Certificate of
Candidacy or Disqualilication or Declaration of Nuisance Candidate is
unresolved by final judgment on the day of the erections, and the grounds
thereto are strong, the petitioner
-uy iile a motion with the Division or
Commission En Banc where the case is pending, to suspend the
proclamation of the candidate concemed.

The Division or the Commission En Banc, motu propio, may suspend

the proclamation of the winning candidate who is the respondent in the
Petitiory provided, that the evidence is strong.

Section 12. Applicability. - The herein rules of procedure shalt apply

-- _
to all Petitions Deny Due Course to or Cancel Certificates of candid'acf,
!o
Petitions to Declare Nuisance Candidates, and petitions for Disquatification
tagged as SPA cases and filed relative to the 2025 NLE and BARMM_PE.

Section 73. Amenilment Clause. - All rules and regulations

inconsistent with the provisions of this Resorution are hereby imended
accordingly.
 Page740t14
110 4 6

Section 14. Effectit:ity. - This Resolution shall take effect

immediately upon its publication. The Education and In{ormation
Department (EID) is hereby directed to cause the publication of this
Resolution in two (2) daily newspapers of general circuiation in the
Philippines. The Information and Technology Departrnent (lTD) is likewise
directed to publish the same in the official COMELEC website
(www.comelec. gov.ph).

Let the Office of the Clerk of the Commission implement this

Resolution.

SO ORDERED.

GEORGE M. GARCIA

'.-',_
-:-
oB. ARLON cAs
Commissioner Co

AIMEE INO B AY
Commissioner run15 ner

ERNESTO DINAND P. ACEDA,IR. CELIS

Commissioner mlnISsl0ner

CERTIFICATION

APPROVEDforpublicatiory August 28, 2024.

CO UELO B. IOLA
Director lV
Office of the Commission Secretary

This Resolution can be verified at this numb er (02) 8527 2987; e-mail address
comsec@comelec. gov. ph