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Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

IN THE MATTER OF (1) SUSPENDING MELO, Jose A.R., Chairmatt

THE PROCI,AMATION OF AI{Y SARI\,{IENTO, RerLe
FERRER, NicodenLo T.,
V Commissioner
Commissionqr
WINNING CANDIDATE WHO IS TAGI-E, Lucenito N., Commi.ssione\
INCLUDED IN THE LIST OF MULTIPLE \IELASCO. Armando C., Commissioner\
TER,MERS SUBMITTED BY THE YUS0PH, Elias R", Conrmissione\.
DEPARTMENT OF INTERIOR AND LARR.AZAtsAL, Gre gorio Y. Commissionqr\

.\\r
LOCAL GOVERNMEI\T (DrLG) OR WHO
HAS A PENDING DISQUALIFICATION
CASE BASED ON SECTTON 43 (B) OF \
REPUBLIC A0T NO. 7160; and (2) \t
PROMULGATII{G RULE}S AND $\
/tr
REGULATIONS ON XNITIATING x\
PETITIONS FOR DISQUALIFICATION, \\ N
COMPLAINT FIOR ELECTIO}{ OFFENSE, \\I\
AND CRIMINAL CHARGES AGAINST
BARANGAY OFFICNALS WHO WERE Promulgated 0c'bone:r 23 t 20'lO tx
\\'
N\
ELECTED AND HAVE SERVED FOR
THREE OR MORE CONSECUTIVE \
TERMS IN OFFICE AND FILED THEIR
CER,TIFICATESi OF CANDIDACY IN THE
SAME POSITIONS IN CONNECTION
WITH THE OCTOBER 25, 2O1O
BARANGAY AND SANGGU}{IANG
KABATAAN ELECTIONS.

RESOLUTION l\to. 9o?7 ,{

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WHEREAS, Sec. 43 (b) of R.A. 7160 otherwise kno'wn as the "Local

Government Code of the Philippines" provides that no barang;ay elective official
shall serve for more than three (3) consecutive terms in office for Lhe same position.

WHtrRElAS, the Department of the Interior and Locai Government (DILCI)

submitted to ttLe Commission on Elections (Commission) a list of barangay officials
who have been serving for three or more consecutive terms in office (hereinafte,r
referred t6 g"fufq[tiple Termers");
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 WHEREAS, some of these barangayofficials who have been serving for threle
or more consecutive terms in office still filed their Certificates of Candidacy (COC)
seeking re-election for the same office in the forthcoming October 25, 2010
Barangay Elecbions;

WHEREAS, bhe Commission, serious on its mandate of enfolcing and

administering all laws and regulations relative to the conduct of an election, finds it
imperative to strictly enforce compliance with the requirernents of the lalv,
parbicularly, Section 43 (b) of R.A. 7160:

NOW, THEREFORE, the Commission, by virtue of the powers vested in it

by the Constitution, the Omnibus Elec.tion Code and other related laws, has
RESOLVED, as it hereby RESOLVES, to suspend the proclamation of any
winning candirlate who is included in the list submitted by the DILG or who has a

disqualification case based on Section 43 (b) of R.A. 7160 pending before the Offices
of the Election Officer (EO), Provincial Election Supervisor (PES), or the Regional
Election Director, as the case may be, pursuant to Comelec Resolution No. 9048.

Relative thereto, the following rules and regulations are he,reby promulgatedl:

SEC. 1. Petition for Disqualification to be filed motu proprio by the

Commission. - The Commission hereby authorizes the Law Department l,o

institute a PetiLtion for Disqualification based on Section 43 (b) of R.A. ?160 against
any candidate in the forthcoming October 25, 2010 Barangay Eiections who is

considered a Multiple Termer based on the list submitted by the llILG.

SEC. 2. Procedure. For purposes of motu proprio filing thLe

disqualification case; the following procedures are hereby adopted:

a) The EO shall verifii in the list of candidates in the barangay who amon.g
those in the list of third or more termers submitted by the DILG filed
their COCs for the October 25, 2010 Barangay elections.

On the other hand, the PES, or in case of the National Capital Region
(NCR), the RED shall transmit to the EO, through the fastest means
available, the names of candidates who have disqualification cases based
on Section 43 &) of R.A. 7160 pending before their offices;
b) Once the trO has verified who among those in the list of third termerrs
submitted by the DILG filed their COCs for the forthcoming BarangzLy
elect:ions, he/she shall immediately transmit to the Law Department,
through tlre fastest means available, the list of names of multiple termers
with their corresponding COCs;

c) Upon receipt of the documents from the EO, the Law Department shall
file immediately before the Office of the Clerk of t;he Commission, a
Petition for Disqualification against each of the said Multiple Termers.
The Law Department shall furnish the respondent a copy of the petition,
Lhrough the fastest means available;

d) Uporr receiirt of the petition, the Office of the Clerk of the Commission
shall immediately docket the case consecutively, and calendar the sarrLe

for rzLffle to a Division;

e) The concerned Division shall issue an Order directing the respondent i.o
fiie his Answer/memorandum/Position paper within three (3) days frorn
receiict thereof;

The proceeding shall be summary in nature. In lieu of testimonies, the

respondent shall attach in his Answer/Memorand"um/Fosition Papel the
affidavit of his witnesses and other documentary evidence;

The Answer/Position Paper/I\4emorandum of the respondent shall contain

the following:

1. A of t'tlte CGSe", which is a ciear and concise

"statement
statement of the nature of the action, a sumnlary of the
documentary eviclence, and other rnatters necessary to an
und.ersLanding of the nature of the controvers5,;

2. A "Statement of the Issrles", which is a clear and concise

statement of the issues;

3. The "Argurnent" which is a ciear and concise presentation of

the argument in support of each issue; and

4. The "Relief " which is a specification of the judgment which

the party seeks to obtain. The issues raised in his/its pleadings
that are not included in the Memorandum shali be deemed
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 waived or abandoned. The Commission may consider the
rnemorandum alone in deciding or resolving the petition, said
rnLemorandum being a summation of the parties' pleadings and
documentary evidence.

h) The Division to which the case is raffled shall, after consultation,

immediately assign the same through raffle, to a mernber who shall pern

the decision within three (3) days from the date of consrultation.

sEC. 3. Duty to inform the electorate of the impediment of a

candidate. - Not later than October 24, 2010, the EO shall post in the bulletin
board of his office and in the Barangay Hall, the list of Muitipte Termers 1s
submitted by the DILG and those with disqualification cases based on Section 48 (b)
of R.A. 7160 pending before the Offices of the Election Officer (EO), Provincial
Election Supervisor (PES), or the Regional Election Director, as the case may be,
pursuant to Comelec Resolution No. 9048.

The EO shall tikewise put an annotation in the Certified List of Candidates,

opposite Lhe names of candiclate indicating therein that the canclidale is a Multiple
Termer based on the list submitted by the DILG or has a disqualification case baserd
on Section 43 (b) of R.A. 7160 pendingbefore the Offices of the Election Officer (trCr),
Provincial Eler:tion Supervisor (PES), or the Regional Elecbion Director, as the case
may be, pursuant to Comelec Resolution No. 9048.

SEC. 4. Pendency of disqualification case filed before field personn,el

pursuant to Comelec Resonution No. 9048. - Disqualification cases based c,n
Sec. 43 (b) of R.A. 7160 initiated by private individuals and being heard by field
offices pursuant to Comelec Resolution No. 9048 shali continue. After conclusion of
the proceedings, the hearing officer shail transmit the records and recommendatic,n
to the Law Department through the fastest,means available. Upon receipt.thereof,
the Law Department shall verify from the records whether or not the Department
Jnas motu proprio initiated a similar petition against the respondent. If no petition
has been motu proprlo initiated, the records and recommendation shall be endorserd
to the Office of the Clerk of the of the Clerk of ttre
Commission. The Office
Commission shall thereafter follow the procedures enumeratecl under Sec. 2 (i)
hereof.
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 If a petii;ion has been motu proprio filed, the Law Department shall evaluai;e
the records and recommendation of the healing officer and submit its report and
comment thereto to the Office of the Clerk of the Commission citing in the
report/comment the docket number of the case motu proprlo inil.iated and the dat;e
it If the case has not yet been resolved, the Office of the Clerk of the
was filed.
Commission slr,all consolidabe the records of Lhe cases; otherwisr:, it shall i'eler bhe
records and recommendation to the Division concerned for proper disposition.

SEC. 5. Promulgation. - The promulgation of a decision or resolution of

the Division or the Commission en banc shall be made by filing or delivering a
complete copy of the decision resolution, ord.er or ruling to the Clerh of the
Commission concerned.

SEC. 6. Motion for reconsideration. - A motion to reconsider a decision,

resolution, order or ruling of a Division shall be filed within thre,: (3) days from the
receipt thereof. Such motion, if not pro-forma suspends the execution oL

implementation of the decision, resolution, order or ruling.

Within twenty-four Qa) hours from the filing of the motion for
reconsideration, the Clerk of the Commission shall notify the Presiding
Commissioner. The latter shall within Lwo (2) days thereafber certify the case to Lhe

Commission en banc.

The Clerk of the Commission shall calendar the motion fbr reconsideratio n

for the resolution of the Commission en banc within three (3) days from the
certification thereof.

SEC. 7. Suspension of proclamation. - The Barangay Boards c,f

Canvassers (BIIOC) are hereby directed to suspend the proclamation of any winning
candidate who is included in the list submitted by the DILG or who has a

disqualification case based on Section 43 &) of R.A. 7160 pending before the Offices
of the Eiection Officer (EO), Provincial Election Supervisor (PESD, or the Regional
Election Director, as the case may be, pursuant to Comelec Resolution No. 9048.

For this purpose, the trO shall furnish the BBOC a list of Multiple Termers
as submitted b5r the DILG and those with disqualification cases based on Section 43
(b) of R.A. 7160 pending before the Offices of the Election Officer (EO), Provincial
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Election Supervisor (PES), or the Regional Election Director, as the case may b,e,

pursuant Lo Comelec Resolution No. 9048.

The proclamation shall be suspended until further orders from thLe

Commission. In the meantime, if on November 30, 2010, the said suspension hers
not yet been lifted, the DILG is hereby directpd to designate an ad-interim barangay
official to fill-in the post.

Any proclamation made in violation thereof shall be null and void.

SEC. 8. Failure to'compl5r. - Any Election Officer, Provincial Election

Supervisor, or in case of the NCR, the Regional Election Director, or any Barangay
Board of Canvassers who fails to comply with the preceding sections shall t'e
charged administratively.

ELECTION OFFENSE CASES AND CRIMINAL CASES

SEC. 9. Initiation of election offense cases. - The Law Department shall

motu proprlo file an election offense case for violation of Sec. 7 4 in relation 1;o

Section 262 oI'the Omnibus Election Code (material misrepresentation) againr;t

barangay officials who were elected and have served for three or more consecutirre
terms and are seeking re-election for the same position in the October 25,2010
Barangay Elections.

SEC. Authority to conduct the preliminary inv,estigation. - Thie

10).

Law Departmr:nt shall conduct the required preliminary investigation on the

election offense case. The preliminary investigation may be clelegated to any lawyerr
of the Departurent, or to any of the Regional Election Direcbors or Provinciai
Election Supervisors, or any lawyer of the Commission.

SEC. 11. Conduct of prelirninary inuestigation, - The investigating

officer shall issue a subpoena to the respondent, attaching thereto a copy of th,e
complaint, affidavits and other supporting documents giving said respondent five
(5) days from receipt within which to submit counter-affid,avits and otherr

supporting documents.,
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 If the respondent cannot be subpoenaed, or if subpoenaed, does not submit
counter-affidavit within the five day period, the investigating officer shall base his
resolution on the evidence on record.

If the in'vestigating officer believes that there are matters to be ciarified, he

may set a hearing to propound clarificatory questions to the parties or their
witnesses, during which the respondent shall be afforded an opportunity to be
present but witirout the right to examine or cross-examine.

Thereafter, the investigation shail be deemed corrcluded, and the

investigating officer shall resolve the case within ten (10) days tlLerefrom. Upon the
evidence thus adduced, the investigating officer shall determirre whether or not
there is sufficient ground to hold the respondent for trial.

If the inrzestigating officer finds no cause to hold the respondent for trial, he
shall recommend dismissal of the complaint.

If the investigating officer finds cause to hoid the respondent for triai, he
shall prepare the resolution, ancl the corresponding information wherein he shali
certify under oath that he has examined the complainant and tris witnesses, thatr
there is reasonable ground to believe that a crime has been committed and that the
accused was informed of the complaint and of the evidence submitted against him
and that he was given an opportunity to submit controverting eviclence.

In either case, the investigating officer shall, within five (5) days from the
rendition of his recommendation, forward the records of the case to the Director of
the Law Department. The Director of the Law Department sirali review an,C
evaluate the rer:ommendation of said Iegal officer and end"orse the same to the Clerk
of the Commission to be included in the agenda of the succeeding meeting of the
Commission en banc. If the Commission approves the filing of :rn Information in
court against tJne respondent/s, the Director of the Law Department shall prepare
and sign the Information for immed.iate filing with the appropriate court.

SEC. 12, Initiation of criminal complaint. -Complaints for violation of

Articie 183 (perjury) and Article 23? (prolonging performance of duties and powers)
of the Revised Penal Code against barangay officials who were elected and hav,e

served for three or more consecutive terms and are seeking re-election for the sam,e
office shall likewise be initiated before the Department of Justice. For this purpose,
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 neso ?OT.l

the Law Department shall file the complaint/s before the Department of Justice and
actively prosecrute the same.

SEC. L3;. Effectiuity. - This Resolution shall take effect immediately afterr

its publication in two (2) daily newspapers of general circulation.

The Education and Information Department, this Commission, shall causie

the said publication.

SEC. 14. Dissemination. - The Deputy Executive Director for Operations

shali furnish copi.es of this Resolution to the Regional Election Directors, Provincial
Election Supervisors, Election Officers, of this Commission and give it the widest
dissemination possible.

. SO ORDERED.

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SEA"R.M
Chairman

,r/2a.*r-V.-7z^-**rt
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Commissioner

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LUCENrrg4q. rncf.n
Commissioner

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