Actions to challenge candidacy or to disqualify

Action/ Provision
Who may file
Section12 of OEC
- disqualified to be
a candidate and
to hold any
office,
unless
he has been given
plenary pardon or
granted amnesty;
declaration by
competent
authority that said
insanity or
incompetence had
been removed
after the expiration
of a period of five
years (5) from his
service of
sentence, unless
within the same
period he again
becomes
disqualified.
Section 68 OEC
- Disqualification
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.

Grounds/ against whom

1. person declared
insane or incompetent
2. person sentenced by
final judgment for
Subversion
Insurrection
Rebellion
3. any offense with a
penalty of more than
18 months
4, crime involving
moral turpitude

1. those guilty of giving

money or material
consideration to
influence, induce or
corrupt voters or public
official performing
electoral functions;
2. committed terrorism
to enhance his
candidacy
3. spent in the election
campaign more than
that required by law
(Php10/RV/Php5.00)
national-local

Period to file

jurisdiction

4. solicited, received or
made any contribution
prohibited under
Sections 89, 95, 96, 97
and 104
5. violated any of
Sections 80, 83, 85, 86
and 261, paragraphs d,
e, k, v, and cc,
subparagraph 6
6. 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
Section 69. Nuisance
candidates

Any registered
candidate for the same
office

Note:
- this is an exception to
the ministerial duty of
the Comelec and its
officers to receive a
certificate of candidacy
under section 76

Section 78.Petition to
deny due course to or
cancel a certificate of
candidacy.

Any person through a

verified petition

1. certificate has been

filed to put the election
process in mockery or
disrepute
2. to cause confusion
among the voters by
the similarity of the
names of the registered
candidates
3. 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.
Exclusive ground:
any material
representation
contained therein as

Within 5 days from the

last day of the filing of
coc
(as amended by
Section 5 RA 6646)

Comelec

any time not later than

25 days from the time
of the filing of the
certificate of candidacy

Comelec sitting in a
division

Section 253. Petition

for quo warranto
Note:
- Remedy of a
person who fails
to file the
petition to
disqualify a
certain candidate
within the
twenty-five (25)day period
prescribed by
Section 78
LGC RA 7610

Any voter contesting

the election of any
Member of the
Batasang Pambansa,
regional, provincial, or
city officer

required under Section

74 hereof is false
Ground:
1. of ineligibility or
2. of disloyalty to the
Republic of the
Philippines

1. those sentenced by
final judgment for an
offense involving moral
turpitude (regardless of
the period of
imprisonment)
2. or for an offense
punishable by one (1)
year or more
imprisonment, within 2
years after serving
sentence. (Sec. 40)

within 10 days after the

proclamation of the
results of the election.

Commission