Lone candidate proclamation in special elections

Section 2 requires that the lone candidate be proclaimed elected to the position.
Section 2 directs proclamation by the proper proclaiming body of the Commission on Elections.
Section 2 provides that the special election is not held when the Commission on Elections certifies that the lone candidate is the only candidate for the office.
Section 2 states that the lone candidate is deemed elected upon the Commission on Elections’ certification.

Section 3 provides that the candidate shall assume office not earlier than the scheduled election day.
Section 3 allows non-assumption only when there is any lawful ground to deny due course or cancel the certificate of candidacy to prevent proclamation, consistent with Sections 69 and 78 of Batas Pambansa Blg. 881 (Omnibus Election Code).
Section 3 provides that certificates of candidacy filed in violation of the law’s timing rule shall not be given due course.
Section 3 requires the Commission on Elections to decide petitions for disqualifications not later than election day.
Section 3 provides that petitions for disqualifications not decided by election day are deemed dismissed.

Section 4 states that, in addition to the disqualifications in Sections 12 and 68 of Batas Pambansa Blg. 881 and Section 40 of Republic Act No. 7160 (Local Government Code), the following persons are disqualified in a special election to fill the vacancy in an elective office whenever the evidence of guilt is strong:
Section 4 disqualifies any elective official who resigned from office by accepting an appointive office or for whatever reason which he previously occupied but has caused the vacancy due to his resignation.
Section 4 disqualifies any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates, or actually causes, inflicts or produces any violence, injury, punishment, torture, damage, loss or disadvantage to any person aspiring to be a candidate, or to the immediate member of his family, or to the person’s honor or property, in a manner meant to eliminate all other potential candidates.

Section 5 declares that any act of coercion, bribery, threat, harassment, intimidation, terrorism, or actually causing, inflicting or producing violence, injury, punishment, torture, damage, loss or disadvantage is an election offense when done to discourage others from filing a certificate of candidacy.
Section 5 states that such acts must be intended to eliminate all other potential candidates from running in a special election.
Section 5 provides that violations are prosecuted and penalized under Section 264 of Batas Pambansa Blg. 881 (Omnibus Election Code).

Section 6 keeps the pertinent provisions of Batas Pambansa Blg. 881, as amended, in full force and effect.
Section 6 adopts as parts hereof the pertinent provisions of other election laws that are not in conflict with the law’s provisions.

Section 7 directs the Commission on Elections to promulgate the necessary rules and regulations.
Section 7 requires promulgation within fifteen (15) days from the effectivity of the Act.
Section 7 limits the rulemaking to what is necessary to carry out the purpose of the Act.

Section 8 provides that if any section, provision, part, or application is declared unconstitutional or invalid, the remaining parts that are not affected continue to be in full force and effect.

Section 9 amends, repeals, or modifies laws and issuances that are inconsistent with the Act.
Section 9 expressly identifies Republic Act No. 7160 and Republic Act No. 7166 as particularly pertinent for amendment, repeal, or modification.
Section 9 covers not only laws but also rules and regulations promulgated under the identified laws to the extent inconsistent.

Section 10 provides that the Act takes effect fifteen (15) days after its publication in two (2) national newspapers of general circulation.
Approved: 06 June 1997.