Title
Local Officials Election Law
Law
Batas Pambansa Blg. 52
Decision Date
Dec 22, 1979
Philippine Jurisprudence case explores the qualifications, disqualifications, and procedures for local government positions, aiming to ensure competent officials, fair elections, and a transparent electoral process.

Assumption of Office

  • Elected officials to assume office within 30 days of proclamation.
  • Not earlier than first Monday of March 1980.

Qualifications for Local Elective Officials

  • Must be a Filipino citizen.
  • Qualified voter.
  • Resident of the locality (province, city, municipality, or district) for at least 6 months before filing candidacy.
  • At least 21 years old on election day.
  • Able to read and write.

Special Disqualifications

  • Includes constitutional disqualifications and existing laws.
  • Retired officials who have received retirement benefits and aged 65 or above at term start cannot run for same office.
  • Individuals guilty of disloyalty, subversion, insurrection, rebellion, or similar crimes cannot run or engage in partisan activities.
  • Conviction is conclusive evidence; filing charges prima facie evidence.
  • Permanent residents or immigrants abroad disqualified.
  • False testimony against candidates incurs penalties one degree higher than Revised Penal Code.

Failure of Election

  • Causes such as violence, terrorism, destruction of election materials, or force majeure that prevent free and honest elections constitute a failure of election.
  • Commission on Elections (COMELEC) calls for new or continued election after verified petition and hearing.

Election and Campaign Period

  • COMELEC to fix election period per constitutional provisions.
  • Campaign period from December 29, 1979 to January 28, 1980.

Certificate of Candidacy

  • Sworn certificates filed in triplicate by January 4, 1980.
  • Filing: city/municipal with election registrar; provincial with provincial election officer or directly with COMELEC.
  • Originals forwarded to COMELEC within 2 days.
  • COMELEC may refuse to accept candidacy if qualifications or disqualifications established after due hearing.

Voter Registration

  • Governed by 1978 Election Code.
  • COMELEC may order registration in voting centers for up to two days, last day at least seven days before election.

Preparation of Official Ballots and Manner of Election

  • Governed by 1978 Election Code provisions.
  • If impractical to print party tickets or candidates’ names on official ballots, certified lists posted in voting booths during voting hours suffices.

Boards of Canvassers Composition

  • Provincial: provincial election officer (chairman), provincial fiscal, division superintendent of schools (senior non-native if multiple).
  • City: COMELEC representative (lawyer chair), city fiscal, city superintendent of schools.
  • Municipal/Municipal district: COMELEC representative (chair), municipal district treasurer, senior district education supervisor or ranking public education official.

Quorum and Disqualification of Board Members

  • Majority of members forms quorum.
  • No member shall be related within fourth civil degree of candidates in jurisdiction.

Substitution of Board Members

  • COMELEC to authorize substitutes for absent, incapacitated, disqualified members.

Election Returns

  • Governed by 1978 Election Code with specific distribution of quadruplicate copies:
    • First copy to election registrar for COMELEC transmission
    • Second copy to provincial election officer for canvass
    • Third copy to chairman of board of canvassers
    • Fourth copy deposited with valid ballots

Powers of the Commission on Elections

  • COMELEC exercises all constitutional and legal powers and duties for these elections.

Applicability of 1978 Election Code

  • Provisions apply except when inconsistent with this Act.
  • If insufficient public school teachers for election committees, COMELEC may appoint private school teachers, members of civil service youth corps, ROTC cadets, or barangay council members.

Funding

  • Election costs charged to COMELEC appropriations.
  • Any shortfall covered by government special activities fund or equivalent appropriations.

Separability Clause

  • If any provision declared unconstitutional, others remain valid.

Effectivity

  • Act takes effect upon approval on December 22, 1979.

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