Or The Salient Points of COMELEC Resolution No. 9077
1. This Resolution authorizes the COMELEC Law Department to, motu proprio, institute a Petition for Disqualification [based on Sec 43(b), RA 7169] against any candidate who is considered a multiple termer (multi-termer)
2. Procedure
- EO will be furnished a list of multi-termers, for cross-referencing against candidates in his jurisdiction;
- Names of multi-termers who are verified as candidates will be submitted to the COMELEC Law department;
- The COMELEC Law department furnishes the multi-termer concerned with a copy of the petition by the fastest means possible;
- The case shall be docketed and raffled to a Division immediately;
- The Division shall issue an Order directing the respondent to file his answer within three days;
- The proceeding will be summary in nature. No testimonies, just pleadings, affidavits, and documentary evidence;
- Within three days of his designation as such, the ponente will write the decision.
3. Not later than 24 October 2010, the EO shall post in his office and in the Barangay Halls within his jurisdiction, the list of Multi-termers. The EO will also have to post the names of the candidates with pending disqualification cases.
4. On the List of Certified Candidates, candidates identified as Multi-termers by the DILG will have their names annotated. The same will be done for candidates with pending disqualification cases.
5. Motions for Reconsideration should be filed within three days from receipt of the order disqualifying the candidate. Motion must not be pro forma.
6. Within 24 hours from the filing of the Motion for Reconsideration, the Division will be informed and from that point, the Presiding Commissioner of the Division has two days to certify the case to the Commission en banc. The en banc shall have three days, from the date of certification, to resolve the motion for reconsideration.
7. The proclamation of the following candidates shall be suspended:
- Candidates on the list of Multi-termers; and
- Candidates with pending disqualification cases
8. If by November 30, 2010, the suspension order has not been lifted, the DILG is directed to designate an ad-interim Barangay official to fill in the post.
9. Multi-termers running for office will have election cases filed against them for violation of Section 262 of the OEC (material misrepresentation), by the COMELEC motu proprio;
10. Multi-termers running for office will also have criminal cases filed against them for violations of Articles 183 (perjury) and 237 (prolonging performance of duties and powers) of the Revised Penal Code. These cases will be filed before the Department of Justice by the COMELEC Law Department.