QuestionsQuestions (Republic Act No. 8295)
When, in a special election called to fill a vacancy in an elective position other than President and Vice President, there is only one (1) qualified candidate for such position and the deadline for filing certificates of candidacy has already expired.
The proper proclaiming body of the Commission on Elections (COMELEC), upon certification by COMELEC that the lone candidate is the only candidate for the office and is thereby deemed elected.
COMELEC must certify that the lone candidate is the only candidate for the office; based on this, the candidate is deemed elected and may be proclaimed without holding the special election.
No. RA 8295 applies to special elections to fill vacancies in elective positions other than President and Vice President.
RA 8295 addresses assumption of office in the absence of such lawful ground. If lawful grounds exist under Sections 69 and 78 of the Omnibus Election Code, due course may be denied or the certificate of candidacy cancelled to prevent proclamation.
Not earlier than the scheduled election day.
Certificates of candidacy filed in violation of RA 8295’s provisions shall not be given due course.
No later than election day; otherwise, such petitions are deemed dismissed.
It adds disqualifications when (1) an elective official resigned from office by accepting an appointive office or for whatever reason which caused a vacancy, and (2) a person coerces, bribes, threatens, harasses, intimidates, or produces violence, etc., to eliminate other potential candidates.
It is a qualifying standard indicating that disqualification applies when the evidence of guilt is strong, for the enumerated additional disqualifying acts.
It disqualifies persons who, directly or indirectly, coerce, bribe, threaten, harass, intimidate, terrorize, or actually cause/inflict/produce violence, injury, punishment, torture, damage, loss or disadvantage to prospective candidates (or their immediate family) to eliminate other potential candidates.
Any act of coercion, bribery, threat, harassment, intimidation, terrorism, or actually causing/inflicting/producing violence, etc., to discourage others from filing a certificate of candidacy in order to eliminate other candidates in a special election.
Violations are prosecuted and penalized in accordance with Section 264 of the Omnibus Election Code.
Pertinent provisions of Batas Pambansa Blg. 881 (as amended), other election laws not in conflict with RA 8295, are retained in full force as adopted parts of RA 8295.
COMELEC must promulgate rules and regulations within fifteen (15) days from the effectivity of the Act.
RA 8295 recognizes that, absent any lawful ground under those sections, the candidate must assume office not earlier than election day; but if lawful grounds exist to deny due course or cancel the certificate, proclamation may be prevented.
If any section or part is declared unconstitutional or invalid, the remaining sections not affected continue in force.
It amends, repeals, or modifies provisions of prior laws (particularly pertinent provisions of RA 7160 and RA 7166, and their implementing rules) that are inconsistent with RA 8295.
Fifteen (15) days after publication in two (2) national newspapers of general circulation.