RESOLUTION No.

8807

RULES ON DISQUALIFICATION CASES AGAINST NOMINEES OF PARTY-LIST

GROUPS / ORGANIZATIONS
PARTICIPATING IN THE MAY 10, 2010 AUTOMATED NATIONAL AND LOCAL
ELECTIONS

Promulgation: 25 March 2010

The Commission on Elections, by virtue of the powers vested in it by the Constitution, the
Omnibus Election Code, Republic Act No. 7941 otherwise known as “The Party-List System
Act”, and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to prescribe
the following rules of procedure concerning the filing of Petition To Disqualify A Party-List
Nominee for Lack of Qualifications or Processing Some Grounds For Disqualification for
purposes of the May 10, 2010 Automated National and Local Elections.

Section 1. Suspension of the Comelec Rules of Procedure. – In the interest of justice and in order
to attain speedy disposition of cases, the application of the Comelec Rules of Procedure or any
portion thereof inconsistent herewith is hereby suspended.

Section 2. Grounds for Disqualification. – Any nominee (a) who does not possess all the
qualifications of a nominee as provided for by the Constitution, existing laws or (b) who
commits any act declared by law to be grounds for disqualification may be disqualified from
continuing as a nominee.

Section 3. Where to file petitions. – The petitions herein mentioned shall be filed with the Office
of the Clerk of the Commission, Commission on Elections in Intramuros, Manila;

Petition for disqualifications filed with office other than with the Office of the Clerk of the
Commission shall not be accepted.

Section 4. When to file Petition. – The petition under item (a) of Section 2 shall be filed five (5)
days after the last day for filing of the list of nominees, while under item (b) thereof shall be filed
any day not later than the date of proclamation.

Section 5. Petitions filed through mail or not in accordance with rules; Effect. – Petitions filed
through mail and/or not in accordance with the herein rules shall not be accepted or docketed.
However, petitioner may re-file the petition in accordance with the herein rules and before the
lapse of the reglementary period provided for the filing of the petition.

Section 6. Qualification of nominees. – A party-list nominee must be:

1. A natural-born citizen of the Philippines;
2. A registered voter;
3. A resident of the Philippines for a period of not less than one (1) year immediately
preceding election day;
4. Able to read and write;
5. A bona fide member of the party-list or organization which he seeks to represent for at
least ninety (90) days preceding election day;
6. At least twenty-five (25) years of age on the day of the election;
7. One who belongs to the marginalized and underrepresented sector/s, the sectoral party,
organization, political party or coalition he seeks to represent; and
8. Able to contribute to the formulation and enactment of appropriate legislation that will
benefit the nation as a whole.

In case of the youth sector, he must be at least twenty-five (25) but not more that thirty
(30) years of age on the day of the election. Any youth sectoral representative who attains
the age of thirty (30) during his term shall be allowed to continue in office until the
expiration of his term.

The party-list group and the nominees must submit documentary evidence in consonance
with the Constitution, R.A. 7941 and other laws to duly prove that the nominees truly
belong to the marginalized and underrepresented sector/s, the sectoral party, organization,
political party or coalition they seek to represent, which may include but not limited to
the following:

a. Track record of the party-list group/organization showing active participation of

the nominee/s in the undertakings of the party-list group/organization for the
advancement of the marginalized and underrepresented sector/s, the sectoral
party, organization, political party or coalition they seek to represent;

b. Proofs that the nominee/s truly adheres to the advocacies of the party-list
group/organizations (prior declarations, speeches, written articles, and such other
positive actions on the part of the nominee/s showing his/her adherence to the
advocacies of the party-list group/organizations);

c. Certification that the nominee/s is/are a bona fide member of the party-list group/
organization for at least ninety (90) days prior to the election; and
 d. In case of a party-list group/organization seeking representation of the
marginalized and underrepresented sector/s, proof that the nominee/s is not only
an advocate of the party-list/organization but is/are also a bona fide member/s of
said marginalized and underrepresented sector.

The Law Department shall require party-list group and nominees to submit the foregoing
documentary evidence if not complied with prior to the effectivity of this resolution not
later than three (3) days from the last day of filing of the list of nominees.

Section 7. Limitations to party-list nominations. – The following are the limitations to the list of
nominees filed by a registered party.

1. A person may be nominated by one (1) party in one (1) list only;
2. Only persons who have given their consent in writing and under oath may be named in
the list;
3. The list shall not include any candidate for any elective office in the same election, or has
lost his bid for an elective office in the immediately-preceding election;
4. No change of name or alteration of the order of nominees shall be allowed after the list
has been submitted to the Commission, except in valid substitution.

Section 8. Change of Affiliation; Effect. – Any selected party-list representative who changes his
political party or sectoral affiliation during his term of office shall forfeit his seat; Provided, that
if he changes his political or sectoral affiliation within six (6) months before an election, he shall
not be eligible for nomination as party-list representative under his new party or organization.

Section 9. Procedure in filing petitions. - For purposes of the preceding sections, the following
procedure shall be observed:

1. A verified petition to disqualify a party-list nominee shall be filed in ten (10) legible
copies, personally or through a duly authorized representative, by any person or voting
age, or duly registered political party, organization or coalition of political parties, or
party-list groups or organizations;

2. Petitioner shall, before the filing of the petition, furnish a copy of the petition through
personal service, to the respondent. In case personal service is not feasible, or the
respondent refuses to receive the petition or the respondent’s whereabouts cannot be
ascertained, the petitioner shall execute an affidavit stating the reasons or circumstances
therefore;

3. The proof of service or the affidavit shall be attached to the petition to be filed with the
Office of the Clerk of the Commission;
4. Upon payment of the filing fee of Php5,000.00 and the legal research fee of Php50.00,
the Office of the Clerk of the Commission shall docket the petition and assign to it a
docket number, which must be consecutive according to the order of receipt, and must
bear the year and prefixed as SPA (DCN);

Additional filing and legal research fees shall be charged if there are more than one (1)
respondents at Php5,000.00 and Php50.00 each respondent-nominee.

5. No petition shall be docketed unless the requirements in the preceding paragraphs have
been complied with;

6. Upon proper filing and docketing of the petition, the Office of the Clerk of the
Commission shall, within three (3) calendar days, issue summons with notice of hearing
through personal or telegram, facsimile or through the fastest means of communication,
to the respondent and notice of hearing to the petitioner;

7. Within three (3) calendar days from receipt of summons, the respondent shall, personally
or through his authorized representative, file his verified answer (not a Motion to
Dismiss) to the petition, at the Office of the Clerk of the Commission, in ten (10) legible
copies, with proof of personal service of Answer upon the petitioner;

Grounds for Motion to Dismiss may be raised as an Affirmative Defense.

8. The proceeding shall be summary in nature. In lieu of oral testimonies, the parties shall
submit the affidavits of their witnesses and other documentary evidence together with
their position papers or memoranda;

The position paper or memorandum of each party shall contain the following:

a. A “Statement of the Case”, which is a clear and concise statement of the nature of
the action, a summary of the documentary evidence, and other matters necessary
to an understanding of the controversy;
 b. A “Statement of the Issues”, which is a clear and concise statement of the issues;

c. The “Argument”, which is a clear and concise presentation of the argument in

support of each issue; and

d. The “Relief”, which is a specification of the judgment which the party seeks to
obtain. Issues raised in the pleadings that are not included in the memorandum
shall be deemed waived or abandoned. The Commission may consider the
memorandum alone in deciding or resolving the petition, as said memorandum is
a summation of the parties’ pleadings and documentary evidence

Section 10. Motu proprio cases. – The Commission may, at any time before election, motu
proprio disqualify any nominee who violated any of the limitations mentioned in Section 7 of
this Resolution.

Upon receipt of the list of nominees, the Law Department shall, within three (3) days from the
last day of filing of the list of nominees, forward to the Commission en banc through the Office
of the Commission Secretary, the list of nominees for purposes of publication.

Thereafter, the Law Department shall, within the soonest time possible, submit its study and
recommendation to the Commission en banc through the Office of the Commission Secretary as
to the limitations imposed upon the nominees.

The Commission Secretary shall upon receipt thereof, immediately calendar for deliberation the
list of nominees together with the study and recommendation of the Law Department with notice
to all members of the Commission.

Within three (3) days from the date of the deliberation, the Commission shall resolve all matters
relative to the list of nominees submitted to it.

The Resolution disqualifying the nomination of party-list nominees shall be published in two (2)
newspapers of general circulation.

Any party-list group whose list of nominees has been adversely affected may, personally or
through a duly authorized representative, file a verified opposition thereto, in ten (10) legible
copies, within three (3) days from the date of publication, with the Office of the Clerk of the
Commission, which shall assign a docket number which must be consecutive according to the
order of receipt and must bear the year and prefixed as SPA (MPN).

Upon receipt of the verified opposition, the Clerk of the Commission shall calendar the
Opposition for consultation and thereafter, the member to whom the case is assigned shall pen
the decision within five (5) days from the date of consultation.
Section 11. Promulgation. – The promulgation of a Decision or Resolution of the Commission or
a Division shall be made by delivering a copy thereof to the Clerk of the Commission, notice of
which shall be served upon the parties or their attorneys personally, or by registered mail,
telegram, fax or thru the fastest means of communication.

Section 12. Motion for Reconsideration. – A motion to reconsider a Decision, Resolution, Order
or Ruling of a Division shall be filed within three (3) days from receipt thereof. Such motion, if
not pro forma, suspends the execution for implementation of the Decision, Resolution, Order or
Ruling.

Within twenty-four (24) hours from the filing thereof, the Clerk of the Commission shall notify
the Presiding Commissioner. The latter within two (2) days thereafter certify the case to the
Commission en banc.

The Clerk of the Commission shall calendar the Motion for Reconsideration for the resolution of
the Commission en banc within three (3) days from certification thereof.

Section 14. Effects of Petition if Unresolved Before Completion of Canvass. – If the petition, for
reasons beyond the control of the Commission, cannot be decided before the completion of the
canvass, the votes cast for the party-list group or organization shall be included in the counting
and, in the canvassing; however, if the evidence of guilt is strong, the proclamation of the
nominee shall be suspended notwithstanding the fact that his group or organization received the
winning number of votes in such election.

Section 15. Effectivity. – This Resolution shall take effect immediately after its publication in
two (2) newspapers of general circulation.

The Education and Information Department of the Commission shall cause the publication of
this Resolution in two (2) daily newspapers of general circulation.

Section 16. Dissemination. – The Education and Information Department of the Commission
shall furnish copies of this Resolution to all field officials of the Commission, the President or
Secretary-General of all parties, organization or coalitions registered under the party-list system
of representation.

SO ORDERED.

(Sgd.) JOSE A.R. MELO

Chairman

(Sgd.) RENE V. SARMIENTO (Sgd.) NICODEMO T. FERRER

Commissioner Commissioner

(Sgd.) LUCENITO N. TAGLE (Sgd.) ARMANDO C. VELASCO

Commissioner Commissioner
(On Official Business)
(Sgd.) GREGORIO Y. LARRAZABAL
ELIAS R. YUSOPH
Commissioner
Commissioner