1 PUBCORP NOTES 2014 Ambassador Tolentino

Title II Elective Officials

Chapter 1 Qualifications and Election

Section 39. Qualifications. (a) An elective local official must be a citizen of the
Philippines; a registered voter in the barangay, municipality,
city, or province or, in the case of a member of the
sangguniang panlalawigan, sangguniang panlungsod, or
sangguniang bayan, the district where he intends to be
elected; a resident therein for at least one (1) year
immediately preceding the day of the election; and able to
read and write Filipino or any other local language or dialect.
(b) Candidates for the position of governor, vice-governor, or
member of the sangguniang panlalawigan, or mayor, vicemayor or member of the sangguniang panlungsod of highly
urbanized cities must be at least twenty-one (21) years of
age on election day.
(c) Candidates for the position of mayor or vice-mayor of
independent component cities, component cities, or
municipalities must be at least twenty-one (21) years of age
on election day.
(d) Candidates for the position of member of the
sangguniang panlungsod or sangguniang bayan must be at
least eighteen (18) years of age on election day.
(e) Candidates for the position of punong barangay or
member of the sangguniang barangay must be at least
eighteen (18) years of age on election day.
(f) Candidates for the sangguniang kabataan must be at
least fifteen (15) years of age but not more than twenty-one
(21) years of age on election day.

Qualifications for public office are continuing

requirements, which must be possessed not
only at the time of the appointment or
election or assumption of office but the
whole tenure.
Once one requirement is lost = title is
forfeited
Ineligibility cannot be cured by the will of
the people by the number of votes

Take note: Frivaldo vs. Comelec case

Effect of disqualification of winner of elections:
General Rule: No one can be declared elected
unless he receives a majority of legal votes in
the election
Exception: Electorate, is fully aware in fact and
in law of a candidates disqualification so as to
bring such awareness within the realm of
notoriety, would nonetheless cast their vote in
favor of the other candidate.
Therefore, the electorate waived the validity of
their votes by throwing away their votes, so the
next eligible candidate with the next number of
votes may be deemed elected.

TYPE THE DOCUMENT TITLE

Take note: Labo vs. Comelec case

Residence is a naturalized alien?
Residence requirement met by individuals who
have had their residence for a given period or
who have been domiciled in the same area
either by origin or choice.
Residence
not referring to dwelling or habitation
place
where
a
party
actually
or
constructively has his permanent home
where even if he leaves he has the intends
to return or remain (animus manendi)

Caasi vs COMELEC
-

immigration to the US by virtue of a

greencard which entitles one to reside
permanently in another country constitutes
abandonment of domicile in the Philippines

Purpose of residence requirement:

-

Domicile of origin
- Acquired by person at birth
- Place where the childs parents reside and
continues until the same is abandoned by
acquisition of new domicile

prevent the possibility of a stranger

acquainted with the needs of a community
aimed at excluding outsiders from taking
advantage of favorable circumstances
existing in that community for electoral gain
best met by individuals who have either had
actual residence in the area for a given
period or who have been domiciled in the
same area either by origin or choice

Domicile of choice (Requirements)

Proof required for disqualification
1. residence or bodily presence in the new
locality
2. intention to remain there
3. intention to abandon the old domicile
Take note: Coquilla vs. COMELEC