Local Absentee Voting Act

Section 1

Any candidate who, in an action or protest in which he is a party, is declared by final decision of a competent court, guilty of, or found by the Commission to be suffering from any disqualification provided by law or the Constitution. A Petition to Disqualify a Candidate invoking grounds for a Petition to Deny to or Cancel a Certificate of Candidacy or Petition to Declare a Candidate as a Nuisance Candidate, or a combination thereof, shall be summarily dismissed.

Section 2

Any registered voter or any duly registered political party, organization or coalition of political parties may file a verified Petition to disqualify a candidate.

Section 3

The Petition shall be filed any day after the last day for filing of certificates of candidacy, but not later than the date of proclamation.

Section 4

Except in motu proprio cases, Sections 3, 4, 5, 6, 7, and 8 of Rule 23 shall apply in proceedings to disqualify a candidate.

Section 5

If a Petition for Disqualification is unresolved by final judgment on the day of elections, the petitioner may file a motion with the Division or Commission En Banc where the case is pending, to suspend the proclamation of the candidate concerned, provided that the evidence for the grounds to disqualify is strong. For this purpose, at least three (3) days prior to any election, the Clerk of the Commission shall prepare a list of pending cases and furnish all Commissioners copies of said the list. In the event that a candidate with an existing and pending Petition to disqualify is proclaimed winner, the Commission shall continue to resolve the said Petition.

Section 6

In the event a Petition to disqualify a candidate is granted by final judgment as defined under Section 8 of Rule 23 and the disqualified candidate obtains the highest number of votes, the candidate with the second highest number of votes cannot be proclaimed and the rule of succession, if allowed by law, shall be observed. In the event the rule of succession is not allowed, a vacancy shall exist for such position. (as amended by COMELEC Resolution No. 9523)