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Advisory COMELEC
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ADVISORY FILING OF CANDIDACY
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Advisory COMELEC
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ripe of the Philippines COMMISSION ON ELECTIONS Intramuros, Manila Office of the Executive Director MEMORANDUM TO ' ALL PROVINCIAL ELECTION SUPERVISORS ALL ELECTION OFFICERS THRU i THE REGIONAL ELECTION DIRECTOR SUBJECT : ADVISORY ON THE FILING OF CERTIFICATE OF CANDIDACY AND OTHER MATTERS — IN CONNECTION WITH THE OCTOBER 30, 2023 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS DATE ? AUGUST 22, 2023 Please be advised of the following guidelines in connection with the filing of Certificate of Candidacy (COC) on August 28, 2023 to September 2, 2023 and other matters in connection with the October 30, 2023 Baragay and Sanggrniang Kabataan Elections (BSKE): ON THE FILING OF COC; 1. The COC shall be printed back-to-back on a single sheet of paper (8.5" x 13" or 8.5" x 14"); 2. The Election Officer (EO) or Acting EO may administer oath on the COC within their area of jurisdiction, free of charge and the EO need use a dry seal for this purpose, Election Assistants (EAs) are not allowed to administer oath, Punong Barangays are not allowed to administer oath for purposes of filing the COC. Only the officers mentioned in Section 41 of Executive Page 1 of &Order No. 292 as amended by Republic Act No. 6733 and further by amended by Republic Act No. 10755 shall be allowed to administer oath.' 3. _ The Office of the Election Officer (OFO) may schedule the filing of COC per barangay within the period from August 28, 2023 to September 2, 2023. Provided that the Receiving Officer shall not refuse to accept COCs filed on a date other than the scheduled date for a particular barangay, if the same are filed within the period for the filing of COC; 4, The Receiving Officer shall validate from the Voter Registration System if the aspirant is a registered voter in the barangay where he or she intends to be elected, or a qualified voter of the Katipunan ng Kabataan (KK), If the aspirant is not a registered voter in the said barangay or a qualified voter of the KK, the Receiving Officer shall nat receive the COC, regardless of the entries indicated in the COC. 5. The Receiving Officer shall validate from the Voter Registration System if the aspirant is at least eighteen (18) years but not more than twenty-four (24) years of age on the day of the elections. If the aspirant is less than 18 years old or more than 24 years old on the day of the elections, the Receiving Officer shall not receive the COC, regardless of the entries indicated in the COC. The Receiving Officer should not require the aspirant to submit a birth certificate during the filing of COC. 6. _ Incase of any discrepancy or inconsistency between the entries in the COC and the VRS such as name, age and birthdate of the aspirant, the Receiving Officer shall check the Voter Registration Record (VRR). If the entries in the VRR and VRS are the same, the entries in the YRS shall prevail, regardless of the information provided in the COC, If the entries in the VRR and VRS are not the same and it can be established that there was inadvertence during encoding of data in the VRS, the necessary corrections can be made on the VRS following the information provided in the VRR. + ASEC 41, Officers: Authorized to Administer uth. The following officers have administer oaths: President, Vice Present; Member Members of the Judiciary: Secretaries of Departments: pe mayors: municipal mayors; bureau directors; toglonal directors; ¢ civilian officwes in Ue p of the f lav the President lippines whose appointments are vested ‘all other mission on Appois Hotficers; and notaries public Page 2 of 87. No change or correction of entries in the registration records shall be allowed during the period for filing of COC. The Receiving Officer should inform the aspirants that the reception of application for change or correction of entries was scheduled during registration of voters 8 If the voter registration of the aspirant is deactivated, the Receiving Officer shall not receive the COC, 9. The Receiving Officer should check the completeness of the COC. If any item is left blank, the Receiving Officer should instruct the aspirant to fill-out the same or to write N/A if an item is not applicable. 10, A Documentary Stamp Tax (DST) of Thirty Pesos (P30.00) should be attached to the COC, If there is no DST available, the DST may be paid through the Treasurer's Office, other Authorized Agent Banks (ABB) within the territorial jurisdiction of the Revenue District Office (RDO) where the aspirant-taxpayer is a registered voter, or other electronic payment (¢PAY) facilities including that of the Landbank of the Philippines (LBP), Development Bank of the Philippines’ (DBP), Union Bank of the Philippines (UBP) and Taxpayer Software Provider (TSP). In which case, the official receipt (OR) shall be attached to the original COC and the OR number shall be written on all the copies of the COC. Any further inquiries related to DST should be addressed to the Bureau of Internal Revenue (BIR). The COC shall be considered incomplete if no DST or Official Receipt (Q.R.) is attached to the COC, 11. The Receiving Officer has the ministerial duty to receive the COC filed in due form, regardless of any disqualification of the aspirant (ic., violation of the anti-political dynasty), without prejudice to the filing before the Commission of a Petition to Deny Due Course to/or Cancel the COC or a Petition for Disqualification, The Receiving Officer is not allowed to go into matters not appearing, in the COC as these are within the powers of the Commission to decide. 12, In case the COC is filed by the authorized representative of the aspirant, he/she must present a sworn and signed Authority to File COC. The authority given to the authorized representative shall be limited only to the act of filing, of the COC. Any correction on the COC shall only be made by the aspirant. Page ol8‘When an item in the COC js left unfilled, the Receiving Officer shall not receive the COC and instead instruct the authorized representative to inform the aspirant to complete and fill out the item left unfilled and file the same until September 2, 2023. 13, No corrections on the COC shall be allowed once it is duly accepted by the Receiving Officer. However, for any corrections, the aspirant may withdraw the COC during the period for filing of COC by executing an Affidavit of Withdrawal of COC, After withdrawing the COC, the aspirant may file a new COC with the correct entries thereon, within the period for filing, of coc. 14. The Receiving Officer may refuse acceptance of the COC only for the following reasons: i, Incomplete COC; ii, Aspirant is not a registered voter per validation through the VRS; ili, Aspirant does not pass the age requirement per validation through the VRS; iv, Aspirant’s voter registration is deactivated. 15. ‘The Receiving Officer shall issue a slip of non-acceptance to the aspirant whose COC is not accepted with the following format: Non-Acceptance of COC Slip The COC of not accepted by the Recewing, Ocoee wo: Overage Unulerage | his apy tse or 1 023, 16, The Receiving Officer shall submit to the ERSD a report on non- receipt of COC by accomplishing Annex "N” of COMELEC Resolution No. 10924. 17, The Receiving Officer shall maintain individual log sheets per position per barangay. Page 4 of 85 of 16 _.. this purpose, the Receiving Officer shall use the corresponding log sheets attached to Comelec Resolution No. 10924 as Annexes “O", “O- 1", "0-2" and “0-3”, to record the data required under Section 176 of the said resolution. ‘The Receiving Officer is required to comply with the guidelines set forth in Section 177 of Comelec Resolution No, 10924, viz: a. There shall be a separate log sheets for each post barangay; b. The data shall be recorded in chronological order as they have been received. Numbering shall be continued on the next day and should not be restarted on each day for the duration of the period for filing of COC; «If a wrong entry is recorded, the Receiving Officer shall strikethrough with a single line the wrong, entry and affix a signature; d.At5:00 PM or after the time allowed for the filing of the COC, the Receiving Officer shall close the log sheets by placing a line immediately after the last entry and writing the word “closed”; ©. The Receiving Officer and at least two (2) witnesses if there be any present, shall affix their signatures immediately below the word “closed” and indicate the date and time of closing; f, Incase no COC is filed on a given date, the Receiving Officer shall enter such fact in the log sheet or indicate the statement, “No COC filed”, and shall write the date and affix a signature; ‘The Receiving Officer shall record the data continuously on the log sheet and may use extra sheets if necessary. mand Atustration:seit ron gB SEAGIG TeNscnows 18. LOG SHEET, OCTOBER M4, 2029 BSKE POSITION: PUNONG BARANGAY. BARANGAY: ABC ria ‘nmr The Receiving Officer shall maintain 4 folders per position as follows: Folder 1 ~ Punong Barangay Folder 2 - SB Member Folder 3 - SK Chairperson Folder 4 - SK Member All log sheets for the position of Punong Barangay for all barangays in a certain municipality/city shall be placed in Folder 1. All log, sheets for the position of SB Member for all barangays in a certain municipality /city shall be placed in Folder 2. All log sheets for the position of SK Chairperson for all barangays in a certain municipality /city shall be placed in Folder 3. All log sheets for the position of SB Member for all barangays in a certain municipality /city shall be placed in Folder 4. Please ensure that the log sheets for each elective position shall be paged properly. Please verify accurately the encoded name and other data of aspirants in the Candidates Profile System (CPS) if it tallies the log sheet. 19. Venue of Reception of Documents shall be as follows: Page 6 of 87 of 16 Tint umice of the Records and Statist | Division, ERSD, 5 Floor, Palacio det | Gobernador [38 Floor Plenary Hall, Palacio del 20. Schedule of Submission - T DATEANDTIME September 6 and 16, 2023 | 8:00.A.M TOs00P.M. | September 7-15, 2023 | P.M} ERSD has arranged a submission schedule (copy attached) by province to ensure a smooth and efficient process. It is suggested that the number of support staff accompanying the Provincial Election Supervisors (PES) be based on the number of barangays (copy attached). ‘The following ERSD staff shall be coordinating the airport transfers should our field election officials will be arriving beyond the specified hours: Mr. Dennis Caluza and Benigno Villarama at contact numbers 0916-6990482 and 09239882697, respectively. 21. Hotel Accommodation and Transportation Field personnel are to be accommodated in a nearby hotel for two (2) nights with provision of food (breakfast, lunch and dinner). The exact address of the hotel will be announced later. The travelling expenses of Field Officials will be reimbursed after the submission of complete documents and will be processed subject to COA auditing rules and regulations. OTHER MATTERS; 1. A person holding a job order (JO) position or under a contract of service (COS), who files a COC shall be considered ipso facto resigned from office. 2 A certified true copy of a COC may be issued by the EO upon request, stating the reasons therefor and upon payment of fees. The EO shall submit to the Executive Director (ED) a report on the actions taken on all requests for certified true copies of COCs received by the office in accordance with Memorandum No. 21-2891 dated September 28, 2021 issued by the Executive Director. Page7 of 83. The Receiving Officer shall verify from the hereto attached List of Individuals who are Perpetually Disqualified from Holding Public Office as to whether the aspirants are included in the said list. If an aspirant is included in the said list, the Receiving Officer shall submit a report thereon to the Law Department on or before September 5, 2023. Thank you very much.
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