Republic of the philippines

COMMISSION ON ELECTIONS
Inkamuros, Manila

RULES OF PROCEDURE ON GARCIA" George Erwin M. Chairperson

THE FILING OF: (1) PETITION INTING, Socorro B. Comrnissioner
TO DENY DUE COURSE TO OR CASQUEJO, Marlon S. Commissioner
CANCEL CERTIFICATE FEROLINO, Aimee p. Commissioner
OF
CANDIDACY; (2) PETITTON To BULAI Rey E. Com:rrissioner
MACEDA" Ernesto p., Jr. Comrnissioner
DECLARE A NUISANCE CELIS, Nelson Commissioner
CANDIDATE; AND (3)
J.

PETITION FOR
DISQUALIFICATION IN
CONNECTION WITH THE 2025
NATIONAL AND LOCAL
ELECTIONS INCLUDING THE
BANGSAMORO
AUTONOMOUS REGION IN
MUSLIM MINDANAO
PARLIAMENTARY
ELECTIONS.
Y----------------- --______x Promulgated: 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 cases^;

WHEREAS, in adherence with the Commission on Election,s

commitment to promptly resolve cases, the Commission promulgated
Resolution Nos. 9523,1 10673,4 and 109615 which laid down the ruies
governing the filing of petitions for denial of due course to or canceilation
of certificate of candidacy, disqualificatiory and declaration as nuisance
candidates for the 12 May 2025 National and Local Elections (NLE) and
Bangsamoro Autonomous Region in Muslim Mindanao parliamentary
Elections (BARMM-PE);

In the Matter of the Guidelines in the Conduct of Preliminary Conlerence Prcceedings, Clarifying Resolutiorls
No. 9523 and 10673, 06 October 2021
2 tlre Matter of SPecial Action Cases Motu Proprio filed Against Nuisance presidential, vice-presidential
-In and
Senatorial Candidates, Further Clarifying Resotutions No. 9523, 10 673: and"IO7D.,12 OctoLlet 2021.
1 In the Matter of the Amendment to Rules 23, 24 and 25 of the COMELEC Rules of Ilocedure for purposes
of the
13 May 2m3 National, l-ocal and ARMM Elections and Subsequent Elections, 25 September
{ 2m2
In Re: Guidelines on ElecEonic Filin& Conduct of Hearings/ lnvestigations/ Inquiries ol-,,1 Video Conference and
Seryice, 25 June 2020.
s In the Matter of the Amendment of the Marrrer and Schedule of liting of pleatlings pursuant to CoMELEC
Resolution No. 1062i Entided: Guidelines on Electronic Filin& Conduct of Hearings/ Investigitions/
Inquiries uin Video
Conference and Service,20 December 2OZ.
 Page 2 of 74

WHEREAS, leaning towards a vibrant philippine

democracy, the
Commission on Elections undertakes to simprify the
rures and gurderines on
the resolution of special action cases;

WHEREAS, the Commission anticipates that sheer volume

of
le[tions to Deny Due Course to or Cancel Certificates of CrnJiar.y,
Petitions to Declare Nuisance Candidates, and petitions
for Disqualificatioi,
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 -Constitution,e the omnibus
It::,i11 _C_"de,7 Republic Act No. 6646,t and. other etection la*s,
RESOLVED, as ithereby RE-SOLVES to promulgate the following
Rules of
Procedure for the purpose of the 2025 NLE and BinUM_pE:

Section L. Grounds.

Denial or Cancellation of Certificate of Caniliilacy. _ A verified

a.
Petition to Deny Due Course to or Cancei a Certiiicate of carididacy
for any
ele_ctive- office may be filed by any registered voter
or a duly .egiste.ei
political party, organizatiory or coalition of poritical parties, on ti-re
ei'crusive
ground that any deliberate and materiar representation contained in
the
Certificate of Candidacy (COC) as required by law is false.

b. Declaration of a candidate as aNuisance candiilate.- 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

3 By other acts or circumstances which clearly demonskate that

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

5 SrcnON s. The Commission on Elections may sit r,r barrc or in two divisions, and shall promulgate its rules of
Procedure in order to exPedite disPosition of election cases, includitrg pre-prc.lamation .olkoversies. All such election
cases shall be heard and decided in division, Provided that motions for ieconsideration of decisions
shall be decided by the
Commission e, I,nnc. (Emphasis Supplied.)
7 Bahs Pambansa Blg. E81, approved on m December 1985.
Act lntroducing Additional_ Reforms in the Rectoral System and for other pur.poses, also known ,,The
:. . -An
Electoral Reforms l,aw of 1982, approved on 05lanuary 19gg.
as
 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 ground!
for Disqualificatiory or combining grounds for a separate remedy,iha[
be
summarily dismissed.

c. Disqualification of Candiilates. - A registered voter or a dury

registered_ political party, organization or coarition of potiticar pu.tius
muy
file a veri{ied Petition for Disqualification against any iandidate fo, a.ry
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 Contributions and Expenditures

(SOCE) for two elections pursuant to Section 14 of Republic Act
No. 7166;s 31d

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

been declared by final decision of a competent court, guilty oi;
or found by the Commission of, having:

I Given money or material consideration to influence,

induce to corrupt voters or public officials performing
electoral functions;

11 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;

e Sec. 14. Stateaent of Contributions and Expenditur$; Effect of Failure to

File Statefient. - Everv candidate
and_ treasurer of the Political Party shatl, within thkty (30) days alter the day of the election,
*iti.
fil" in arpu.ut" *,u oii.",
of the Commission the full, Eue and itemized statement of all contribuions and expenditures in connection
with the
election. No Person elerted to any
Public offices shall enter upon the duties of his office until he has filed the statement of
contributions and expendituJes herein required. The same prohibition shal apply if the political
parfy which nominated
the winning candidate lairs to fire the statement requiled herein within the poiodprescribed
by this AcL
ExcePt candidates for elective barangay office, hiture to file the statements o! rcports
in connection with electoral
contributions and exPenditures are requted herein shall cc,nstifute an adminishative offense for which
the offenders shall
be liable to Pay an adminisEative fine ranging ftorn One thousand pesos (II,000.00)
to Thirty thousand pesos (I,30,000.00),
in the discretion oI the ComMission.

The fine shall be Paid within thirty (30) days from receipt of notice of such failuJe; otherwise, it shall be
enlorceable by a writ of execution issued by the commission against the properties of the oflender.

shal be the duty of every city or municipal election regishar to advise in ta'ritin& by personal delivery or
. -lt
registered mail, within five (5) days from the date of election all candidates residing in his jurisaiction
io comply wittr irelr
obligation to file theil statements of contributions and expenditures.

For the commission of a second or subsequent offens€ under this sectioo the administrative fine shal be from
Two thousand pesos (P2,000.00) to Sixty thousand pesos (P60,0m.00), in the discretion of the Commission. In addition,
the
offender shall be subiect to perpetual disqualifi.ation to hotd pubtic offrce. (Emphasis Supplied,)
 Page 4 of 14

lv. Solicited, received, or made any contribution prohibited

under Sections 89,10 95,11 96,12 97,13 and 10414 of the
Omnibus Election Code;

; ;;r.-t*"r"*"*, and driflks. - It shall be unlawful for any candidahe, political party,
or any person to give or accept, free oI charg€, diectry or indirectry, orga'ization.
the five hours befoie and after a public meJting, or, tfre_auy pruceii.g
transportation, food or a""r.. *,r,-g. irr ,"ir" J;i
ttrl'"f".ti"o o^ tfr" a.y;;;
or contribute, directly or indtectly, money o, tlrirrgs of rralrre fo, ^a ""d;;;;;;:
suat prapo"".
r1 sec 95' Prohibited contributions. - No contribution for purposes of partisan
political activity shall be made
dLectly or indtectly by any of the following:
a' Public or Private financial instifutions: Provided, however, that nothinq herein shall Drevent the makino 6f
ffi;r#JJ ^n-
loan.to a candidare m potiticaj parry by any su.t prltic o, pri.,,urc
finur,'ciJ ;il;i;;g"X;;
lending honey, and that *re loan is mide in accord"ncu *iih lu-s
unJreg,lations a.d in"the'ordt"",y.;-*; ;;
business;
b Natual and iuridical Persons oPerating a public utility or in possession
of or exploiting any nafural iesour.ces of
ihe natior!
c Natural and- jwidical Persons who hold contracts or sub{onhacts
to supply the goverrunent or anv of 1<
divisions, subdivisions, or inskumenralities, with goods or services
or ; ;if;;;;il;il;;;"il":i.;"
d Nafural and iuridical persons who have been graited franchir"., ir,."nur"t allocations or similar
privileges or concessions by the govemment oiany of its divisions, "ru-ptions,
govemment_owned or conkolled coiporations;
subdi"i"io*, oi;;;;;hlj;;;, ilrd;;
e Nahtal and iuridical persons who, within one year prior to the date of the electiorL have been
granted loans or
other acconmodations in excess of pI00,000 by ih" go.ru..,-ur,t
or any of its divjsionj, subdivisiorls or
inshumenratities hduding govemment-owned oicontroilled corpolations;
l.. Educational institutions whi.h luve rec€ived grars of pubtc fu-na amounting to no less ihan p100,000.00;
g. Officials or employees in the Civil Service, o. ir"-ber" of th" A.m"d Forces of *re philippines; and
h. ForeigneB and foreign corporations.
Tt shal be unlawfl for any person to solicit or receiv€ any
contribution from any of the persons or entities enumerated
herein.

l'? sec. 96. soliciting or receiving contributiors from foreign sotrrces. - It

shalr be unlawful for any pe$on,
or public or.private mtity to solicit or recei"v", JJ""rff o. ino.".rty. any aid or contrrbuhon
::,.1:gg ip"U^a-.*1-q
wiatever rcrm or nature from any foreign national, govemment or entity for of
thepurposer or innrin.i"g Ih" ,"iJ;oit],;

11 sec 9T Prohibited raising of funds. - lt shar be ur awld for any person to hold
dances, lotteries, cockfights,
8ames, boxing bouts, bingo, beauty contests, entertainments, or cinematogripinc, $eauicar o,
o*r"r'p".ro. *."" roi tiJ
plrpose of raGing funds for an election camPaign or (or the support of"any
candidate {iom the commencement of the
election.period up
to and induding election diy;-or for any p"rron o, o.g*iltion, whether
civic or relisious, directlv or
morrecuy, to souot and/or accept fTom any candidate for pubtic office,
or ftom his ar_prlgr, .i.ugua o,
rePresentative, or any Person acEn8 in their behaff, any gifL f;d, "g"ni
transportatiorL conhibutionor"donation"in caih or in
Krno rorn tie coD'lmencement of the elertion period up to and including
election day; Provided, That normal and customarv
religious stipends, tithes, or collectioi* on-sundayi andlor other
i*lg""t"a .';U*ti".;;;;;;ffi;';;';i
prohibition.

r{ sec' 1M. Prohibited donations by candidates, treasuier of parties o, their

agents. - No candidate, his or her
spouse or any relative within the second civil degree of-consanguinity
or af{inity, or is campaign manager, agent or
:1,1:T-"1]-" :ld o*I9 q" *"lP3q" Perio4 on the dav berore ani on the day of th"
maxe any ctonahon, contribution or giJt in cash or in kind, or undertake or contribuie "r""u'on,"ai'".try
"o'
i'air".try,
to the construction or iepat of road's,
bridges, rhool buses, puedculture centers, medical clinics aid hospitals, churches
or chapels cement pavements. or anv
structure for public use or 6or the use of any religious or civic organization: proytded,
dues or conEibutions, such as religious stipendi, uthes or colJctions on
That i;J;;#a;;;;Ugr;r;
sundays or olrer desisnated collection davs- as
well as periodic payments for legitirhate s.holarships estabtished and *h*l ;or;;r6";;;i*;X;;;;;,;;il
prohibited pedod, are exduded from the prohibition,
The same prohibition applies to keasure$, agents, ot representatives oI any political
party.
 Page 5 of 14

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

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

r5 se.. 80. Election dmPaign or Parti6an polifi.al activity outside campaign period. - It shall be unlawfuI for any
persor; whether or not a voter or candidate, or. for any party, or association of persons, to engage in
an election campaigi-r
oi partisan political activity o(cept during the campaign period: provided, that poJiticai p:arties may hota poiitiJat
conventions or meetings ho nominate their official candidates within thtty days beforjthe commencementLf
the campaign
period and forty-five days for Presidential and Vice-presidential eletion.

16 sec. 83. Removal, desttuctior! or defacement of lawful election prcpaganda prohibited.

- It shal be ufllawfrl
for anl qerso.l the_campaign Period to rcmore, destroy, obliterate, or-tn any manner deface or tamper with, or
!yr1g
prevent the diskibution of lawh election propaganda.

17 Sec. 85. Prohibited forms of election propaganda. - [t shall be unlawful:

a. To print, publish, post or distribute any poster, pampNel chcular, handbiu or printed rnatter
urging
voterc to vote for or against any candidate unless they bear the names and addresses of the printerLi
payor as requtued in Section 84 hereol
b. To erect, put up, mal(e use of, attach, float or display any billboard, tinplate_poster, balloons
and the
like, of whatever size, shape, form or kind advertising for or against any candldate or poliUcal party;
c. To purchase, rEnufacfure, rcquest, distribute or accept electoral propiganda gadgeS, srctr ai p"iri,
lighteB, fans of whatever natue flashl.ights, athletic goods or materiati ialesimits, tras, t"naar,ur,
matches, cigarettes and the like, except that campaign supporters accompanying a candidate
shall be
allowed to wear hats and/or shtts or T_shirts advertising i candidate;
d. To show or display publicly any advertisement or propa-ganda for or against any candidate by means
ol cinelatggraPhy, audio-visual units or other *-een p-l"cuons eicept tellasts *fri.fr may le
allowed as heteinalter provided; and
e. For any radio broadcasting or television station to sell or give free ofcharge air time fff
campaign and
other Political Purpos€s excePt as authorized in this Code under the rules ird regulations promuigated
by the CoDrrdssion pusuanl thereto.
Any prohibited electio Propaganda gadget or advertisement shall be stopped, confiscated or tom
down by the representative of the Commission upon specific authority of the Commisiion

r3 Regulation of election propaganda through mass media- _

Sec. E6.
a. The Commission shall plomutgate rutes and regulations regarding the sale of air time for partisan
potitical Purpo6es during the campaign period to insure the equal time as to duration and qriality in
available to all candidates for lhe same office or political parties ;t the same rates or given ftee of
charge;
that such rates arc reasonable and not higher than tlrose charged other buyers o. isers of air time ioi
non-Political Pu.rPoses; tlat the Plovisions of this Code regarding the limitation of expgrditures by
candidates and Political Parties and contributions by privite persons, entities and institutions ar;
effectively enforced; and to ensure that said radio broadcisting and tele\.ision shtions shall not unduly
allow the scheduling of any progtam or permit any sponsor to manifestly favor o, oppo." *i
cardidate or political party by unduly or repeatedly referring to or inctuauf ua canaiait" anaT*
Political party in such Program respecting, however, in all instances the ight of said stations to
broadcast accoun[3 of significant or newsworthy events and views on matters of public interest.
b. All conhacts for advertising in any newspapei, magazine, periodical or any form of publication
Promoting o! oPPosing the cardidary of aiy person for public office shatl, bef;re its implemmtation,
be registered by said newsPaPer, magazine, periodical or publication with the Commisiion In
every
casq it shall be signed by the candidate concemed or by the duly authorized representative of th'e
politicat pafty.
c. No franchise o! Permit to operate a radio or television station shall be gEnted or issued, suspended or
cancelled during the election period.

Any radio or television stations, including that owned or conholled by the Government, shall give free
of charge equal time and plominence to an accredited politi.al party or its candidates iI it gives free of darge air
time to an acoedited political party or its candidates for political purposes.

In all iistances, the Commission shall supervise the use and employment of press, radio and television
facilities so as to give candidates equal opportunities under equal circumstances to mal<e known tlleir
qualifications and theh stand on Public jssues within the limits set forth in this Code on election spending.

Rules and regdations Promulgated by the Commission under and by authority of this section shall
take effect on the seventh day after thet publication in at least two daily newspapers of genelal circulation. prior
to the effectivity of said rules and regulations, no political advertisemerrt or propugi.ra" fo. or against any
candidate or political party shall be published or broadcast through the mass media.

Violation of the nrles and rcgulations of the Commission issued to impledent this section shall be an
election offense punishable unde! Section 264 hereof.

Sec. 261. Prchibited Acts. - The Iollowing shall be guilty oI an election offense:
d. Coercion of subordinates.
1. Any public of{icer, or any officer of any public or private corporation or ass(xiation, or any
head" superior, or administrator of any religious organization, or any employer or hnd_
owrier who coerces or intimidates or compels, or in any manner influence, directly or
indirectly, any of his subordinates or members or par.ishioners or employees or house
 Page 6 of 14

helpers, tenants, overseers, hrm helpers, tillers, or lease holders to aiq campaign
or vote for
or against any candidate or any aspirant for the nomination or selection of ian&dates.
Z Any ?ublic officer or a:ry officer of any codmercial, indirstrial, agriculturat, economic ot
social enterprise or public or private corporation or associatiory oi any head, superior
or
adminisEator oJ any religious organization, or any employer or landowner who dismisses
or thJeatens to dismiss, prmishes oI tlueatens to'puniih ie reducing his salary, wage or
compmsatiory or by demotion, transfe, suspension, separatiorl excommunication,
ejechtslt or causing him armoyance in_ the performance oI his
iob or in his membership, any
subordinate member ol affiliate, par.ishioner, employee or house helpeD tenant, overseer,
farm helper, tiller, or lease holder, for disobeying or not complying'with any o( the
acts
ordered by the former to aid, campaign or vote tor or against aIry can"aidate, or any
aspirant
for the nomination ot selec[on of candidates.

Threats, intimidatio0 terorism, use of fraudDlent de\rice or other forrns ofcoerciorl _

Ary pe$on who,
direcdy or indirectly, threatens, intimidates or acfually causes, inllicts or produces any violence
injury,
punishmerlt, damage, loss or disadvantage upon any person or persons or that
of the immediate
I:Tf
mduce :: :f ry .hrr.tily, his honor or rroperty, or usej any haudulent device or scheme ro compel or
lJle regishation or refraining fronr regishation of any voter, or the participation
in a campaign
or refraining or desistance from any campaign, or the casting of any vote-ot omission
to vote, oi aiy
piomise of such registratiorL campaign, vote, or omission therefrom.

k. Unlawful electioneering. - It is unlawful to solicit votes or undertake any propagaJlda

on the day of
regishation before the board of election inspectors and on Lhe aay of electionl for
or against'any
candidate or any political party wit}rin the pou.ing place and with a r;dius
of thtty meters thereof

Prchibition against releas€, disbursement or expenditure of public funds. _ Ary public

official or
employee including barangay officials and those of govemmen;wned
or controlled iorporations anct
during forry-frve days befori a regutar election and thirty days before a special
ll:l],:ubsigiader ylo,
elechon, releases, disburses or expends any public funds for:
1- Any and aI kinds of public works, except the following:
a. Maintmance of existing and/or completed public work projech provided, that
not more than the average number of laborers or employee; aheady emptoyed
therein during the six-month period immediately prior io tle teginningof the
folty-five-day pedod_before election day shall be p;rmitted to woit aUig sucfr
time: provided, further, that no additional laborers shall be ernployJd for
rnaintenance work within &e said pedod of forty_five days;
b. Work underta-ken by contract ttEough public bidding held, o( by negotiated
conhact awarded, before the forty-five_day period befo;e electiorl provid;d, that
work for the purpose of this section undertaken under the so_called *talav* or
,paquiao,,
systern shall not be considered as work by contracc
c. Payment for the usual cost of preparation for worling dtawings, specifications,
bitls oI materialt estimate, and other procedure-s prepantory to actual
conshuction induding the purchase of rnaterials and equjpment, and aI incidental
expenses for wages of watchmen and other laborers employed lor such work in
the cenkal office and Jield storehouses before the beginning of such period:
Proeided, That the nulnber of such labore$ shall not be hLeased over the riumber
hired when t}le project or proiects were commenced; and
d. Emergency work necessitated by tlre occurrence of a public calamity, but such
work shall be timited to the restoration of the damaged lacility.

No payment shall be made witiin five days before the date of election to laborers
who have rendeled services in prcjects or works except those falling under subparagraphs
(a), (b), (c), and (d), of this para$aph.

This prohibition shall not apply to ongoing public works projects cornmenced
_
F.6* h: .-.ptq- geriod or similar proiects unaer ioieign agree-enS. Fo, p.,.po*s of
this provision, it shall be the duty
of the government oflicialior agencies concerned to.ep,rt
to the Commission the [st of a]I such projects being undertaken i'y them.

2. The Ministry of Social Services and Development and any other office in other ministries of
the govemment per(orming functions similat to said ministry, except for salaries of
Personnel, and for such other routine and normal expenses, and ftr suctrother expenses as
the Commission rllay authorize after due notice and hearing. Should a calamity or disaster
occur, all releases norrully or usually coursed through the said ministries and offices of
other ministies shall be tumed over to, and administered and disbursed by, tlrc philippine
National Red Cross, subject to the supervision of the Commission ;n Audit or its
representatives, and no candidate or his or het spouse or member of his fardly witiin the
sson! c1wil d:fee ol affinity or consanguiniry shall participate, directly or indtectly, in rhe
distribution of any relief o. other goods to the victims of the calamity oi disaster; and

3. The Ministry of Human Settlements and any other office m any other minisEy of the
govemnent pedorming functions stnilar to said ministry, except for salaries of personnel
and for such other necessaty administrative or other expense; as the Commission may
authodze afte! due notice and heaing.
 PageT of '1.4

vi. Acquired permanent residency or immigrant status in a

foreign counky, 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 Secrion +0 (a), (b), and (c) of the Local
Govemment Code (LGC) of 1991;zo sy

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

Section 2. When to Eile 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 petition.

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 candidate as a Nuisance caniliilate. - 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 Caniliilates. - The petition shall 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 dre day of election, for or
against any candidate or any politicat party within the polling place or within a radius of thtty
meters thereof.
Republic Act No.260, SECTION rl0. Disquatifications.
The following persons are disqualfied from running for any elective loca.l position:
(a) Those s€ntenced by final iudgment for an of{ense involving moral turpitude or for an offense
punishable by one (1) year or more of imprisonrnenL within two (2) yea$ after serying
sentence;
(b) Those removed ftom office as a result of an admilistsative case;
(c) Those convicted by final iudgment for violating the oath of alegiance to the Republic;
 Page 8 of 14

section 3. where to Eile petition anil Manner of Filing. - The verified

petition shall be filed personally or t;ia elechonic mail at theOCOC.

In case the petition is filed personaly, the party shall submit four (4)
hard copies of the petition with compiete u.,rr"*ur, 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 u.rr"ru,
along with the payment of filing and 1egal research fees through the fastest
means available, including personal filing, registered mail, oi any courier
services, before the afore-mentioned office.

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

In cases of Petitions fired motu propio by the Commissiory either

personal or E-mail filing is sufficient.

section 4. Prccedures to be obseroed. - Both parties shall observe the

following procedures:

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

respondent with a copy of the petition with complete annexes,
through personal service or ttia E-mat7, to the physical address or E_
mail address indicated in respondenfs COC;

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

official website of the Commission, 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. ln cases where personal or electronic service is not feasible, or the

responden(s whereabouts cannot be ascertained, the petitioner
shall execute an affidavit stating the reason or circumstances
 Page 9 of 14

thereof and resort to service ola 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 in_formation 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
100.00,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 propio cases filed by the Commission, 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 Division, provided

that. Petitions alleging perpetual disqualification frorrr holding
public office shall instead be referred to the Law Department of the
Commission for proper administrative disposition. Thereafter, the
OCOC shall verify compliance with the afore_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 responden!

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-mai-l address
than that indicated in the latter,s COC or in any way
provides defective notice, such as failing to attach u of
the Petition in the E-mail; and "opy

ix. The parties failed to comply with the rules governing

electronic filing and service of pleadings and otlier pup"rl
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
electronically to the field office, the concerned oEo shall personally
serve a copy of the Summons, petition, and Annexes to the
respondent.

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

E-mail, the field office concemed shal send in affidavit oi service
and acknowledgment receipt to the OCOC through E_mai|

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

surunons, the respondent shall file his or her verified ANSiVER
CUM MEMORANDUM personally or aia E_mail
(clerkofthecommission@comelec.gov.ph) pursuant to Section 3 of
these Rules. Respondent shall furnish the petitioner a copy thereof.

The failure of the respondent to file his or her verified Answer czrz
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
faper.
Nonetheless, the grounds for a motion to dismiss may be ,iud u,
affirmative defenses.

Once the case is submitted for Resolution, 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 respondent's Answer czre Memorandum or upon the
expiration of the period to do so, whichever comes first.
 Page 11 of 14

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

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

section 5. Reception of Eoidence. - In case the Division or the

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

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

order of the Division or the Commission Er Binc shallbe made by filing or
delivering a complete copy of the Resolution 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 official E-mail addresses or personal
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. Period to Resorae. - The period to resolve sharl be in

accordance with sections 7 and 8, Rule 1g of the CoMELEC Rules of
Procedure as amended by COMELEC Resolution No. 7g0g.21

Section 8. Motion for Reconsideration, - A motion to reconsider a

Resolution or Final order of a Division shalt be filed within five (5) days
from receipt thereof pursuant to section 3 of these Rules, and opo., th"
payment of filing fee in the amount of php 1,000.00. Such motiory { notpro_
forma, stspends the execution for implementation of the Resolution or Finat
order. The movant shall be required to fumish a copy of his or her motion
for reconsideration to the adverse party prior to filing 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 postal Money Order, Cashiels Check, or
Manager's Check to the same E-mail thread within the reglementary period
to file.

n In the Matter of Amending Rule 3 S€ctions 4 6, and 8; Rule 18 Sections 1 and 5; and Rule 38 Sertion 8 with
Additional Sections of the 1993 COMELEC Rules of Procedue and tnserting a New Rule on precedence and protocol,
promulgated on 16Ianuary 2007.
 Page 12 of 14

Failure of the movant to pay the required filing fee and/ or research
fee , or furnish 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 elevation to the
Commission (EnBanc).

The Clerk of the Commission shall immediatety notify the presiding

Commissioner of the Division who shall certi{y the case to the commission
En Banc. The case shall be raffled for resolution 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. Finalifu -

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

of a Division ruling, no motion for reconsideration is filed within the
reglementary period, or the motion for reconsideration is denied in
accordance with the preceding paragraph, 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 1:0. Granting of Petition - 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 strav votes.

Should the Petition be granted after the proclamation of the

candidate whose COC has been denied due course or cancelled, the latter's
prociamation shall be declared null and void and without any legal force
and effect. The person obtaining the highest number of valid votes 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 judgmen! the votes cast for the nuisance candidate shall be added to
the candidate who share the same name. Thereafter, the candidate who
gamered the highest number of votes shall be proclaimed.
 Page 13 of 14

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

ln case of a
multi-slot office, if the ballot contains one vote for the
nuisance candidate and no vote for the bona fide 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, only one vote will be counted in the
latter's favor.

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

judgment and the disqualified candidate obtains the highest numter of
votes, the candidate with the second highest number of votes cannot be
proclaimed and the rule of succession, if allowed, shall be observed.

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

Section 71,- Petition if llnresoloed Before Completion of Canoass _

Effects. - If a Petition to Deny Due Course to or Cancel a Certificate of
Candidacy or Disqualification or Declaration of Nuisance Candidate is
unresolved by final judgment on the day of the elections, and the grounds
thereto are strong, the petitioner may file 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, mofu proano, may suspend

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

Section 12, Applicability. - The herein rules of procedure shall

,-
to all Petitions to Deny
apply
Due Course to or Cancel Certificates of Candidicy,
Petitions to Declare Nuisance Candidates, and Petitions for Disqualification
tagged as SPA cases and filed relative to the 2025 NLE and BARMM-PE.

Section 13. Amendment Clause. - All rules and regulations

inconsistent with the provisions of this Resolution are hereby amended
accordingly.
 Page 14 of 14

Section 1,4. Effectiztifu. - This Resolution shall take effect

immediately upon its publication. The Education and Information
Department (EID) is hereby directed to cause the publication of this
Resolution in two (2) daily newspapers of general circulation in the
Philippines. The Information and rechnology Department (ITD) is likewise
directed to publish the same in the offiiiar coMELdc website
(www.comelec. gov.ph).

Let the office of the Crerk of the Commission imprement this

Resolution.

SO ORDERED.

GEORGE ERWIN M. GARCIA

Chairman

SOCORRO B.INTING MARLON S. CASQUEJO

Commissioner Commissioner

AIMEE P. FEROLINO REY E. BULAY

Comrnissioner Commissioner

ERNESTO FERDINAND P. MACEDAY JR. NELSON I. CELrS

Commissioner Commissioner

CERTIFICATION

APPROVED for publication, August 28, 2024.

C oB. IOLA
Director IV
Office of the Commission Secretary

This Resolution can be verified at this number (02) 8SZ7 2987; e-mail address
comsec@comelec. gov.ph