Comelec clarifies details on winning candidates but with pending petitions for disqualification

MANILA, June 15 — The Commission on Elections clarified that winning candidates in the recently concluded May 14, 2018 Barangay and Sangguniang Kabataan Elections (2018 BSKE) but with pending Petitions for Disqualification or Petitions for Cancellation of Certificate of Candidacy (COC) filed against them will not be allowed to hold office. 

Pursuant to Section 3(d) of COMELEC Resolution No. 10196, a Sangguniang Kabataan (SK) candidate must be “at least eighteen (18) years but not more than twenty-four (24) years of age on the day of the elections.” 

“In implementing the age requirement, the COMELEC looked to the landmark case of Garvida vs. Sales, Jr., where the Supreme Court ruled that one year is equal to no more than one 365-day cycle. Therefore, 24 years does not mean 24 years and one or some days or a fraction of a year since that would be more than 24 365-day cycles,” COMELEC Spokesperson James Jimenez said. 

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Section 40(b) of the Local Government Code of 1991 (LGC) likewise disqualifies from running for elective positions those who have been removed from office as a result of an administrative case. 

Local elected officials who have been elected and have served three consecutive terms are not allowed to serve for a fourth consecutive term in the same position. This three-term limit is stated in Section 8, Article X of the Constitution, and is further reiterated in Section 43(b) of the LGC. (Comelec)

Source: PIA Feed