CANDIDATES with pending cases are still eligible to run for public posts in the Oct. 30, 2023 Barangay and Sangguniang Kabataan Elections (BSKE), according to an official from the Commission on Elections (Comelec).
Omar Sharif Dilangalen Mamalinta, spokesperson of Comelec’s Cebu office, said candidates with pending cases can still submit their certificate of candidacy (COC) as long as there has been no final conviction by the court.
Even individuals under preventive suspension or with recorded suspensions are also eligible as these circumstances are not among the disqualifications specified under Batas Pambansa Bilang 881, or the Omnibus Election Code, Mamalinta said in a news forum on Tuesday, Aug. 22.
Disqualifications
Section 12 of the Omnibus Election Code prohibits individuals from running in the elections if they have been declared insane or incompetent by competent authority, if they have been sentenced by final judgment for subversion, insurrection, rebellion, or any offense resulting in a penalty exceeding 18 months, or if they have committed a crime involving moral turpitude.
However, a candidate in these situations can still run if granted plenary pardon or amnesty.
Aside from the grounds for disqualification listed under the Omnibus Election Code, Republic Act (RA) 7160, or the Local Government Code, also listed other disqualifications.
These include individuals sentenced by final judgment for an offense involving moral turpitude or offenses punishable by one year or more within two years after serving sentence. The law also excludes public servants from running for elective posts if they have been removed from office due to administrative cases, if they have been convicted by final judgment for violating allegiance to the Philippines, and if they are a dual citizen.
RA 7160 also disqualifies fugitives from justice in criminal or nonpolitical cases domestically or internationally, permanent residents in foreign countries, individuals with the right to reside abroad who continue to avail of that right, and those who are insane or feeble-minded.
Filing reminders
Mamalinta said the filing of COC for the BSKE will run for six days, starting on Monday, Aug. 28 and ending on Saturday, Sept. 2.
He advised aspirants to personally file their COCs or, if not possible, be represented by an authorized individual with a sworn and signed authority to file on their behalf. A passport-sized photo taken within the last six months should be attached to each copy of the COC.
He added that a documentary stamp must be affixed to one copy of the COC, with the documentary stamp number written on the remaining copies, as required by most offices, usually five copies. Candidates can also attach a bio-data and a program of government not exceeding 100 words.
Mamalinta said Comelec offices in the province, particularly in cities, will follow a filing schedule to ensure a smooth process in filing of COCs.
“In the case of Carcar City, being the election officer there, I had set a schedule per barangay. For example, on day one, there are some barangays intended for that day, on the second day, and so on until the sixth day,” he said.
He also urged supporters to remain outside Comelec offices to avoid overcrowding.
BSKE voters
Mamanlinta said Filipinos who are 15 to 17 years old may vote in the SK polls, while those aged 18 to 30 years can vote for both the barangay and youth polls.
Voters who are aged 31 years old and above can participate in voting for barangay officials only.
As of March 2023, there were 1,182,473 individuals eligible to vote in the SK elections, while there were 3,402,922 individuals who can vote in the barangay polls in Cebu Province, including Cebu City and Lapu-Lapu City. Mamalinta said they have yet to update these figures.
Mamanlinta said they projected a five to 10 percent increase in voters from the past election; however, he was unable to disclose the number of voters that participated in the last BSKE in May 2018. (KJF)