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Filing For Certificates Of Candidacy For Presidency And The 2016 National Elections

As you rivet to the TV screen, political campaign ads seem to remind voters that a few months from now, another person will lead the country. As the 2016 national elections approach, political aspirants are also making necessary preparations. On October 12, Commission on Elections (COMELEC) welcomed candidates who wished to pursue political seats. The filing for the Certificates of Candidacy (COC), has also been a source of entertainment for the nation. 

Aside from the familiar faces in Philippine government, there are also ordinary citizens who wish to give the presidential seat a try. These presidential hopefuls have platforms that are out of the ordinary. 

Under the Constitution, an individual can only aspire for the highest seat in the government if they meet the following criteria: 

1. natural born citizen of the Philippines

2. registered voter

3. able to read and write

4. at least 40 years of age on the day of election

5. resident of the Philippines for at least 10 years immediately preceding the election.

However, not everyone who files for certificate of candidacy for presidency is considered an official candidate. After filing, all of the candidates are subject for deliberation and it is then that the official candidates will be announced. 

Under Section 69 of the Omnibus Election Code, “The Commission may motu proprio or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by 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.”

Under Section 72, “Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. Nevertheless, if for any reason, a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, his violation of the provisions of the preceding sections shall not prevent his proclamation and assumption to office.”

According to COMELEC, an independent candidate can also be considered nuisance if they do not have the capacity to support a national campaign. While these independent candidates can be a form of entertainment considering the fact that national elections are filled with tension, stringent laws weed them out when the number of candidates filing for candidacy becomes out of control.

Pinoy Attorney

Written by : Pinoy Attorney

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