Question & AnswerQ&A (Republic Act No. 3036)
The primary objective of Republic Act No. 3036 is to amend Sections 37 and 149 of Republic Act No. 180, or the Revised Election Code, specifically addressing the ministerial duties concerning certificates of candidacy and the voting process when candidates have the same name or surname.
The Commission on Elections, the secretary of the provincial board, the secretary of the municipal board in chartered cities, and the municipal secretary have the ministerial duty to receive certificates of candidacy and immediately acknowledge receipt thereof.
The Commission on Elections may refuse to give due course to a certificate of candidacy if it is shown that the certificate has been filed to cause confusion among electors by similarity of names or other means demonstrating no bona fide intention to run for the office, thus preventing the faithful determination of the electorate's will.
The voter must add the correct name, surname, or initial to identify the candidate clearly to ensure the vote is counted towards the intended candidate.
If two or more candidates have the same surname and one is seeking reelection, a ballot that only has the surname written will be counted in favor of the candidate seeking reelection.
Acknowledging receipt of the certificate of candidacy is a ministerial duty that provides official confirmation that the certificate has been filed, ensuring transparency and procedural compliance in candidacy filing.
The Commission on Elections can refuse to give due course to a certificate of candidacy motu proprio (on its own initiative) or upon petition of an interested party.
A bona fide intention to run for office means the candidate genuinely intends to seek election to the office and is not filing the certificate to deceive voters or cause confusion among electors.
Such a certificate may be refused due course by the Commission on Elections to prevent fraud and ensure a faithful determination of the electorate's true will.
It took effect upon its approval on June 17, 1961.