Scope: who must post bond
- Section 36-A(a) requires all candidates for national, provincial, city and municipal offices to post a surety bond.
- The bond requirement applies to candidates who filed certificates of candidacy for the concerned office.
Bond amount and payment standard
- Section 36-A(a) requires the surety bond to be equivalent to the one-year salary or emoluments of the position to which the candidate is running.
Forfeiture rule and the voting threshold
- Section 36-A(a) provides that the surety bond is forfeited in favor of the national, provincial, city or municipal government concerned.
- Forfeiture applies when the candidate, except when declared the winner, fails to obtain at least 10% of the votes cast for the office.
- The forfeiture condition is tied to the candidate’s performance in the election for the office stated in the candidate’s certificate of candidacy.
Numerosity limit on forfeiture trigger
- Section 36-A(a) limits forfeiture to cases where there are not more than four candidates for the same office.
- The 10% vote threshold and forfeiture mechanism operate only under the condition that there are not more than four candidates for that office.
Distribution of forfeited bond
- Section 36-A(a) directs that any forfeited bond shall accrue to the national, provincial, city or municipal government concerned, depending on the level of the office for which the candidate filed.
Winner exception
- Section 36-A(a) exempts a candidate from forfeiture if the candidate is declared the winner.
- The winner exception applies even if the candidate would otherwise fail to meet the 10% threshold.
Transitory and separability provisions
- Section 2 establishes the effective date rule: upon approval.