Title
Candidate bond posting and forfeiture rules
Law
Republic Act No. 4421
Decision Date
Jun 19, 1965
Republic Act No. 4421 introduced a surety bond requirement for candidates and outlined the conditions for bond forfeiture, but was later declared unconstitutional in the case of Masquera v. Borra.

Questions (Republic Act No. 4421)

Republic Act No. 4421 amends the Revised Election Code by inserting Section 36-A on the posting of a surety bond by candidates, including the rule on forfeiture.

It inserts a new Section 36-A between Sections 36 and 37 of the Revised Election Code.

All candidates for national, provincial, city, and municipal offices.

A surety bond equivalent to the one-year salary or emoluments of the position to which the candidate is running.

The national, provincial, city or municipal government concerned.

The bond is forfeited if the candidate, except when declared the winner, fails to obtain at least ten percent (10%) of the votes cast for the office.

At least ten percent (10%) of the votes cast for the office.

Forfeiture does not apply when the candidate is declared the winner, even if the 10% threshold would otherwise be relevant.

No. The rule states there is not more than four candidates for the same office.

It limits the applicability of the forfeiture condition stated in Section 36-A(a) to situations where there are four or fewer candidates for the same office.

The surety bond is forfeited in favor of the appropriate government entity concerned (national, provincial, city, or municipal).

The Act takes effect upon its approval.

Candidates must post a “surety bond.”


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