Disqualification after proclamation. May 30, 2025 · With his proclamation suspended, Benguet Representative Eric Go Yap threatens to sue those who filed petitions seeking his disqualification May 19, 2025 · *Comelec deferred the proclamation for Bagong Henerasyon (BH) as it still faces a disqualification complaint. Q: What is the deadline for filing a disqualification petition? A: Generally, it must be filed after the last day for filing certificates of candidacy but no later than the date of proclamation. 2050 provides for the outright dismissal of the disqualification case in three cases: (1) The disqualification case was filed before the election but remains unresolved until after the election; (2) The disqualification case was filed after the election and before the proclamation of winners; and (3) The Apr 1, 2009 · The Supreme Court held that COMELEC loses jurisdiction over a congressional candidate’s qualifications upon proclamation, shifting authority to HRET. , conviction for an election offense, over-spending, unlawful contributions; specific disqualifications in the LGC). Election Protest/Quo Warranto: Filed within ten days after the proclamation. ENAN FLORES, LL. Jun 25, 2025 · Several groups on Wednesday urged the Comelec to disqualify with finality the Duterte Youth Party-list and proclaim Gabriela Party-list. Oct 18, 2024 · Disqualification Cases: Filed five days before the election or before the proclamation of the winning candidate. May 14, 2025 · Comelec has ordered the suspension of proclamation of 19 candidates in the just concluded elections pending resolution of their DQ cases. Denial of Due Course to or Cancellation of Certificate of Candidacy for False Material Representation b. Accessory Penalty Later Imposed If the administrative body amends or clarifies the decision to include perpetual disqualification after a candidate’s proclamation, jurisprudence treats it as prospective; it cannot oust a sitting official May 21, 2025 · A week after his official proclamation as the winner of the Pasig City mayoral race, a petition seeking the disqualification of Mayor-elect Vico Sotto has been filed, according to Commission on Elections (Comelec) chairman George Erwin Garcia. The Commission on Elections (Comelec) clarified that disqualification petitions are only allowed before a candidate’s proclamation. May 13, 2025 · Naghain si incumbent Cebu Governor Gwen Garcia sa Commission on Elections (Comelec) ng very urgent motion to suspend laban sa proklamasyon ni Pam Baricuatro bilang bagong gobernadora ng lalawigan. The document discusses the Commission on Elections' (COMELEC) ability to annul or suspend the proclamation of a winning candidate based on evidence presented before or after the proclamation. The first is when the disqualification becomes final before the elections, which is the situation covered in the first sentence of Section 6. 2) Petition for Disqualification, which alleges a candidate does not meet qualifications or committed disqualifying acts. A key aspect of this role is the power to disqualify candidates who violate election laws. May 19, 2025 · Before this, the fastest proclamation of party list winners was during the 2019 midterm polls, at nine days after the elections. Jun 19, 2025 · Comelec en banc disqualified Kevin Anarna’s mayoral candidacy in Silang, Cavite, declaring his votes as stray and his proclamation invalid. Key points: 1) The COMELEC can motu proprio or upon petition order the partial or total suspension of a candidate's proclamation, or annul a proclamation that has already been made, if evidence warrants Q: What is the deadline for filing a disqualification petition? A: Generally, it must be filed after the last day for filing certificates of candidacy but no later than the date of proclamation. Oct 26, 2021 · A petition for disqualification may be filed any day after the last day for filing of COCs, but not later than the date of proclamation Months away from the campaign period – when aspirants Jun 22, 2025 · Meanwhile, the second situation applies when the proceedings concerning the disqualification petition shall continue even after the election and proclamation of the winner, and the candidate may be voted for. Jun 19, 2025 · MANILA – The Commission on Elections (Comelec) on Thursday disqualified Alston Kevin Amutan Anarna from the mayoral race in Silang, Cavite and nullified his proclamation as mayor of the municipality following the May 12 elections. If the disqualification or COC cancellation/denial case is not resolved before election day, the proceedings shall continue even after the election and the proclamation of the winner. Jun 19, 2025 · The Commission on Elections en banc has disqualified Alston Kevin Anarna from the May 2025 elections and annulled his proclamation as Silang mayor-elect, citing his perpetual disqualification from public office by the Office of the Ombudsman. Oct 2, 2009 · However, the Court also reiterated that disqualification proceedings filed after a candidate’s proclamation are generally dismissed, aligning with COMELEC Resolution No. Joey Salceda to suspend the proclamation. May 5, 2025 · The Clerk of the Commission is looking over the cases, especially those backed with strong evidence, "to study the possibility of suspending the proclamation of these candidates in case they win" on May 12, Garcia said. May 21, 2025 · Bagong Henerasyon: Two days after the May 12 elections, lawyer Russell Stanley Geronimo also petitioned for the disqualification of the BH party-list group, accusing its representative and May 21, 2025 · A petition to disqualify Pasig Mayor-elect Vico Sotto was filed, a week after his proclamation, Comelec chair George Erwin Garcia said. It also describes the process for filing disqualification cases, including that petitions must generally be filed within 5 days of the candidacy filing deadline. May 20, 2025 · Two winning party-list groups cannot yet celebrate their victories, following the suspension of their proclamation as a result of pending complaints. May 19, 2025 · Although listed among the 54 party-lists that secured seats, Duterte Youth and Bagong Henerasyon were not proclaimed due to unresolved disqualification petitions. May 19, 2025 · MANILA, Philippines – The Commission on Elections (Comelec) decided to suspend the proclamation of Duterte Youth and BH Bagong Henerasyon, two winning party-list groups in the 2025 elections May 13, 2025 · LEGAZPI CITY – The provincial board of canvassers in Albay named Noel Rosal as the governor of Albay province on Tuesday, May 13, shortly after the Commission on Elections (Comelec) rejected the motion of the camp of 2nd District Rep. The second is when the disqualification becomes final after the elections, which is the situation covered in the second sentence of Section 6. The Jun 9, 2025 · Final after proclamation: remedy shifts to quo warranto before COMELEC or HRET/Senate Electoral Tribunal. Conviction for certain election offenses carries perpetual disqualification (penal, under separate criminal proceedings), which COMELEC may treat as a supervening ineligibility. When/Where: COMELEC; must be filed promptly (often before proclamation). May 6, 2025 · Candidates facing disqualification complaints are less likely to be declared winners in the May 12 midterm polls, the Commission on Elections announced yesterday. “I don’t know the nature [of the case], but I was informed by the clerk of the commission that it was a petition to disqualify that candidate,” Comelec Chairman George Garcia said. It can be In Bagatsing vs. 1. This decision balances the need to investigate election offenses with the stability of electoral outcomes. The countdown starts only after full service of sentence and accessory penalties (e. Disqualification Case (“Section 68” and related laws) Purpose: Bar a person from running or holding office due to statutory disqualifications (e. If COC Invalid substitution (late filing) Dec 2, 2009 · Can a disqualification case against a candidate, filed before the election, proceed even after the election and proclamation of said candidate? May 20, 2025 · The Commission on Elections (Comelec) vowed to resolve the issues surrounding the Duterte Youth and Bagong Henerasyon (BH) party-lists before the start of the 20th Congress on June 30, 2025, after their proclamation was suspended due to pending disqualification petitions. With respect, I differ from the majority's view that a petition for disqualification may be filed even after the exact moment of the proclamation of a candidate, provided that the date of the proclamation and filing of the petition falls on the same day. If COC Invalid substitution (late filing) Mar 25, 1998 · COMELEC’s Duty to Resolve Disqualification Cases Even After Elections: The Sunga v. The news was announced during the proclamation ceremony that same day. May 14, 2025 · Teodoro called on the Comelec to respect the choice of the electorate and proceed with his proclamation. (They are now proclaimed as As earlier adverted to, the Comelec ruled that Moll had indeed been disqualified from being a mayoral candidate in the May 14, 2001 local election, and that his subsequent proclamation as mayor was void ab initio. May 10, 2025 · Comelec earlier said it has the power to suspend the proclamation of winning candidates in the midterm elections if they have pending disqualification cases regardless of grounds. While both question a candidate's qualifications, only a Section 78 petition can be filed before the election, as it alleges false representations in the COC. This article talks about how to file a Petition for Disqualification of a Candidate based on the commission of election offenses under Sec. Q: What happens if a candidate is disqualified after the election? May 8, 2025 · § 68 Disqualification → Votes valid until final judgment; if final after proclamation, may trigger an election contest and quo warranto. May 21, 2025 · Pasig City Mayor-elect Vico Sotto is facing a new disqualification petition, just a week after his proclamation, Commission on Elections (COMELEC) Chairman George Erwin Garcia confirmed on Tuesday. 2. )1. This ensures challenges are resolved by the correct tribunal after the election results are certified. 6646 providing that the proclamation of the candidate sought to be disqualified is suspended only if there is an order of the COMELEC suspending proclamation. 68 of the Omnibus Election Code. May 19, 2025 · The Commission on Elections has proclaimed 52 winning party-lists in the 2025 midterm elections, while deferring the proclamation of two others due to pending disqualification cases. Yap issued a statement after the Comelec en banc overturned an earlier decision that had dismissed a disqualification case against her, thereby disqualifying her candidacy in the 2025 local elections May 19, 2025 · That colloquial term popular among youth these days was the reply of Kabataan party-list to the suspension of the Duterte Youth proclamation. Conviction of a criminal offense involving moral turpitude December 6, 2009 August 11, 2010 (after elections) Jalosjos won Cardino 2nd place If COC is void ab initio, then person who filed such void COC was never a candidate. Curlee May 23, 2025 · BAGUIO, Philippines – Benguet Representative Eric Go Yap is facing a fourth disqualification petition before the Commission on Elections (Comelec), this time over alleged violations of campaign May 21, 2025 · THE Commission on Elections (Comelec) will resolve all pending disqualification cases against candidates and party-list groups who participated in the 2025 midterm polls before June 30 to ensure their smooth assumption of office. Duterte Youth came second in the party-list race, amassing 2,336,140 votes Oct 9, 2025 · B. This is clear from Section 6 of R. Justice Carpio's opinion would allow a petition for disqualification to be litigated in perpetuity, long after the proclamation of a candidate, and even after the parties who filed the petition have since lost interest in continuing the same. Trinidad Doctrine In Philippine election law, the Commission on Elections (COMELEC) plays a crucial role in ensuring the integrity of the electoral process. Oct 27, 2023 · MANILA, Philippines—The Commission on Elections (Comelec) said it was prepared for the conduct of elections on Monday (Oct. 3) Petition to Declare Failure of Elections, which argues Oct 18, 2024 · After the Election – If a candidate is disqualified after being elected but before proclamation, the candidate may not assume the office. May 20, 2025 · In an interview over radio, Garcia emphasized that the party-lists have not been disqualified, but their proclamation has been put on hold due to pending cases before the Commission. 68 of the Omnibus Election Code and the verified petition to disqualify a candidate for lack of qualifications or possessing same grounds for disqualification, may be filed any day after the last day for filing of certificates of candidacy but not later than the date of proclamation. As per comelec: The petition was filed after the proclamation which is by rule, Any DQ case should be received by the Comelec, before the proclamation in order for them to hold the proclamation. May 20, 2025 · The Commission on Elections declared only 52 of 54 party-list winners as it deferred the proclamation of the Duterte Youth and Bagong Henerasyon party-lists due to pending disqualification cases. The document outlines various remedies under Philippine election law, including: 1) Petition to deny due course or cancel a Certificate of Candidacy, which challenges a candidate's eligibility before proclamation. May 14, 2025 · BY: ANGELICA ARQUERO Celebrations in Benguet following the recent election victories were cut short when the Commission on Elections (COMELEC) announced the suspension of the proclamation of Congressman-elect Eric Yap. If the disqualified winner has assumed office, they must vacate, and the runner-up assumes with backpay if applicable. § 69 Nuisance → Name is removed if final before printing; if too late, stray votes are distributed pursuant to COMELEC rules (often to candidate with same surname). Commission on Election, 21 this Court ruled that a complaint for disqualification filed after the election against a candidate before or after his proclamation as winner shall be dismissed by the COMELEC, viz: May 19, 2025 · The Commission on Elections (Comelec) on Monday said it has suspended the proclamation of two party-lists, its Chairman George Erwin Garcia said on Monday. Sep 30, 2024 · Effect of Proclamation – If a candidate has already been proclaimed and assumed office, the remedy of petition for disqualification is generally not available anymore. 2050. Ayon sa Comelec, Hindi pa malinaw sa kanila ang merit ng DQ case pero matatandaan na nag file si Mr. The poll body made the May 21, 2025 · An election win technically isn’t off the table for the Duterte Youth party-list, whose proclamation was suspended on Monday, May 19, as the Commission on Elections (Comelec) prepares to tackle the party-list’s two disqualification petitions. Party-lists are allotted 20% of the House, or 63 out of 316 seats. Apr 22, 2025 · The Comelec 2nd Division gave Pasig congressional bet Christian "Ian" Sia five days to answer a petition seeking his disqualification in the May 2025 polls over his remarks about single mothers. Aug 2, 2019 · ADMINISTRATIVE LAW AND ELECTION LAW (ATTY. Comelec: Natanggap na ang Disqualification case na i -finile para kay Mayor Vico Sotto. May 20, 2025 · Another Disqualification Case Filed Against Pasig Mayor Vico Sotto VICO SOTTO – The Pasig City Mayor-elect is once again facing a disqualification case, just a week after his official proclamation on May 13, where he secured a landslide victory with 351,392 votes, far ahead of his opponent Sarah Discaya, who received only 29,591 votes. Commission on Elections 45 that the COMELEC's jurisdiction to deny due course to and cancel a COC continues, to wit: x x x. M. In the event that both Duterte Youth and BH party-lists are disqualified, the candidates ranked 55th to 58th may each be awarded one seat. Comelec on Tuesday noon released copies of their orders to May 19, 2025 · Although listed among the 54 party-lists that secured seats, Duterte Youth and Bagong Henerasyon were not proclaimed due to unresolved disqualification petitions. Respicio May 13, 2025 · MANILA, Philippines — The proclamation of Marikina Mayor Marcelino “Marcy” Teodoro as the city’s first district representative has been suspended by the Commission on Elections (Comelec), pending disqualification cases against him. Duavit, SPA 94-003, Resolution No. Iginiit ni Garcia na mayroon pang petition for disqualification laban kay Baricuatro na hindi pa umano nareresolba ng Comelec. Q: What happens if a candidate is disqualified after the election? May 14, 2025 · MANILA, Philippines – The Commission on Elections (Comelec) has suspended the proclamation of 19 candidates until their disqualification cases are resolved, it announced on Tuesday, May 13. g. Nov 5, 2024 · However, if the disqualification arises or is discovered after the election and proclamation but during the official’s term, Regional Trial Courts (RTCs) have jurisdiction through a regular quo warranto action under the Rules of Court, which can be filed within one year. The party-list system was created to give marginalized sectors representation in Congress, complementing the existing district representatives. Jan 17, 2022 · What if Marcos wins the presidency, but is disqualified by final judgment after proclamation? This is a tough question, and Jimenez acknowledged the possibility that numerous cases would be filed Oct 28, 2025 · MANILA, Philippines — Tarlac City Mayor Susan Yap on Tuesday urged the Commission on Elections (Comelec) to respect the will of the voters as she rejected the allegations that led to her ouster. As worded, a petition for disqualification can be filed even after the exact time of the proclamation of a candidate, so long as it was still filed within the same day. At the Kapisanan ng mga Brodkaster ng Pilipinas event in Makati City, Garcia stated that reports ha Apr 22, 2024 · The petition was filed after Mamba’s proclamation, which effectively divested the COMELEC of any authority to hear and decide disqualification cases filed thereafter. Disqualification d. Aug 6, 2024 · Election disqualification deadlines clarified! Learn about filing petitions, the "date of proclamation," and key takeaways from this landmark Supreme Court case. The mechanism strikes a balance between voters’ freedom of choice and the constitutional right of political parties to field candidates, while preventing wasted votes and May 21, 2025 · He added that after proclamation, only election protests or quo warranto petitions may be filed, not disqualification cases. A. May 14, 2025 · REINA MERCEDES, Isabela – Despite winning the vice mayoral race in this town, lawyer-accountant Jeryll Harold Respicio’s proclamation was suspended on Tuesday, May 13 , by the Commission on Elections (Comelec) due to a pending disqualification case filed by the commission itself. Declare a Nuisance Candidate to Cancel his Certificate of Candidacy c. “Technicalities must not override the people’s will,” he said. Here, there was no order suspending private respondent's proclamation. “We are already gathering those with disqualification cases with the Clerk of the Commission,” he said in an interview. Natanggap na nila ang kanilang certificate of proclamation,” poll chief George Erwin Garcia told reporters in a virtual interview. Jun 22, 2025 · An early adverse ruling can still be reversed en banc or in the Supreme Court before proclamation, avoiding the HRET maze. The longest was in 2010, when the NBOC only had a partial proclamation for party lists 21 days after the polls. The present case falls under the first situation. Concept and Rationale “Substitution” is the procedure by which a political party or coalition replaces its official candidate who dies, withdraws, or is disqualified after filing a certificate of candidacy (COC). The verified petition to disqualify a candidate pursuant to Sec. However, if disqualified after proclamation, the disqualification may lead to the vacancy of the position, which may be filled in accordance with existing succession laws or through special elections. Suspension of Proclamation (Pending Case for Disqualification or Cancellation of COC) – RA 6646, Sec THE Commission on Elections (Comelec) will resolve all pending disqualification cases against candidates and party-list groups who participated in the 2025 midterm polls before June 30 to ensure . “Of course, the party Jun 6, 2025 · This developed after the Comelec en banc on Thursday issued a certificate of finality and entry of judgment on the disqualification case against the party-list and its nominees, clearing them for proclamation. petition for disqualification may be filed even after the exact moment of the proclamation of a candidate, provided that the date of the proclamation and filing of the petition. Jun 6, 2025 · Bagong Henerasyon Party-list secured its fourth consecutive term after the Commission on Elections dismissed its disqualification case and proclaimed it one of the winning groups in the 2025 May 8, 2025 · Pasig City candidate Ian Sia was disqualified by a Commission on Elections division over what it deemed lewd and discriminatory remarks. However, file as early as possible and be aware of the timeline of the proclamation. Oct 18, 2024 · After the Election – If a candidate is disqualified after being elected but before proclamation, the candidate may not assume the office. On Tuesday, Commission on Elections (Comelec) chairman May 20, 2025 · A petition to disqualify Pasig City mayor-elect Vico Sotto was filed on Tuesday, a week after his proclamation, the Comelec chairman said. , payment of fine). De Guzman-Lara was thus prompted to seek redress before the Court. . However if the disqualification is filed after proclamation, then the elected Vice Mayor will assume office as Mayor. Consequently, private respondent was legally proclaimed on June 4, 1998. The canvassing of votes concluded with the official announcement of winning candidates, including re-electionist Governor Melchor Diclas and Vice Governor Marierose Kepes May 13, 2025 · The Comelec also suspended the proclamation of Jeryll Harold Respicio as vice mayor of Reina Mercedes, Isabela pending the resolution of the disqualification petition filed against him by the poll body’s Task Force Katotohan, Katapatan, Katarungan. Arnado's disqualification reaches back to filing of COC. May 21, 2025 · Even after the proclamation, the Mayor is facing a new disqualification case, based on the article in Inquirer. It discusses when candidates can be disqualified for violating election laws or for being nuisance candidates. Apr 11, 2025 · MANILA — The Commission on Elections on Friday said it has the power to suspend the proclamation of winning candidates in the midterm elections if they have pending disqualification cases regardless of grounds. “Na-proklama na sila. Before the May 13, 2025 · Benguet's congressional seat hangs in the balance as Comelec suspends proclamation of reelected Representative Eric Go Yap amid disqualification complaint, despite his historic landslide victory Oct 7, 2025 · If the disqualification becomes final before proclamation, COMELEC may direct non-proclamation and allow the eligible substitute (if any) to run/receive votes per rules. Sep 29, 2024 · In cases where a disqualification case is pending during proclamation, the disqualified candidate may still be proclaimed if no final judgment has been rendered. A Section 68 petition for disqualification can be filed any time after COC filing until proclamation. iew that a . May 23, 2025 · Comelec said that the Bagong Henerasyon (BH) Party-list will not be proclaimed yet even after the dismissal of its disqualification case. If disqualified for criminal conviction, compute the five-year clock accurately. But what happens when a disqualification case isn’t resolved May 20, 2025 · Comelec has deferred the proclamation of two of the 54 party list groups that won the 63 party list seats in the House of Representatives. Oct 29, 2025 · If disqualification is filed before proclamation, the candidate who garnered the second high votes will be declares as Mayor. Jun 29, 2025 · 1. Jun 7, 2025 · In May, Comelec suspended the proclamation of Bagong Henerasyon due to pending disqualification cases before the poll body. Remedies Before Proclamation a. Proclamation and Assumption: The runner-up may petition COMELEC for proclamation. May 23, 2025 · The Commission on Elections (Comelec) has dismissed a petition for disqualification against the Bagong Henerasyon Party-List, also known as BH Party List. This Court now holds that a petition for disqualification of a candidate based on Section 68 of the OEC may be filed during the period beginning the whole day after the last day of filing of certificate of candidacy until the end of the day of the date of proclamation, even after the exact time of the proclamation of the winning candidate. Jun 19, 2025 · A Comelec division canceled the registration of Duterte Youth for not having undergone the required procedures for its accreditation in 2018. Aug 10, 2025 · Finality of Disqualification: Must be final and executory; pending appeals suspend effects. In a five-page decision, the Comelec en banc reversed the ruling… May 26, 2025 · Yap, whose proclamation was suspended by the Provincial Board of Canvassers (PBOC) upon orders from the Commission on Elections Second Division for an unresolved disqualification case in the past, was recently slapped with two separate disqualification cases that questioned his residency and allegations of massive vote buying. This document outlines the grounds and procedures for disqualifying candidates in Philippine elections. Garcia said that the filing fee was already paid. 30) but its latest order to suspend proclamation of winning candidates May 19, 2025 · The Commission on Elections (Comelec) on Monday suspended the proclamation of party-list groups Duterte Youth and Bagong Henerasyon (BH). Jun 6, 2025 · MANILA — The Commission on Elections, sitting as the National Board of Canvassers (NBOC), finally proclaimed on Friday the Bagong Henerasyon (BH) party-list, weeks after the poll body dismissed the disqualification petition filed against the group. cqqsy fuzn kmgs nnhwu mx qxnd lper xqm qbywg voy56ujq