For individuals considering a run for local office in the Philippines, understanding the eligibility requirements is crucial before filing a Certificate of Candidacy (COC). Whether aspiring to be a mayor, vice mayor, or a city or municipal councilor, candidates must adhere to the rules set forth by several key laws, primarily the 1987 Philippine Constitution, the Local Government Code of 1991 (Republic Act No. 7160), and the Omnibus Election Code (Batas Pambansa Blg. 881). This guide outlines the necessary qualifications for these positions.
Understanding the Legal Framework
The Philippine government follows a structured system in conducting local elections. Three major laws define the eligibility requirements:
- The 1987 Philippine Constitution – Establishes general principles for local governance, including term limits and the role of the Commission on Elections (Comelec).
- The Local Government Code of 1991 (R.A. No. 7160) – Details the organizational structure of local government units (LGUs) and specifies the qualifications and disqualifications for elective officials.
- The Omnibus Election Code (B.P. Blg. 881) – Governs election-related processes such as candidacy, campaign rules, and disqualification cases.
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Qualifications for Mayor, Vice Mayor, and City/Municipal Councilor
While each position has specific requirements, general qualifications apply to all local elective officials:
1. Citizenship
To qualify for local office, a candidate must be a Filipino citizen. Those who previously held foreign citizenship but have reacquired or retained Philippine citizenship under R.A. No. 9225 (Citizenship Retention and Reacquisition Act) must comply with additional requirements from the COMELEC.
2. Voter Registration and Residency
A candidate must be a registered voter in the city or municipality where candidacy is sought. Additionally, residency in that locality for at least one year before the election is required.
3. Literacy
All candidates must possess the ability to read and write in Filipino, English, or any local language/dialect.
4. No Legal Disqualifications
Candidates must not:
- Be declared insane or incompetent by a competent authority.
- Have been convicted of a crime involving moral turpitude or sentenced to more than one year of imprisonment (unless granted a pardon or amnesty).
- Have been removed from office due to an administrative offense that explicitly includes disqualification as a penalty.
Age Requirements by Position
Minimum age requirements vary by position:
- Mayor & Vice Mayor – Must be at least 21 years old on election day.
- City/Municipal Councilor – Must be at least 21 years old on election day.
Term Limits: How Many Terms Can Be Served?
One of the most important rules in local governance is the three-term limit.
Mayors, vice mayors, and city/municipal councilors cannot serve for more than three consecutive terms in the same position.
Each term lasts three years.
If an official’s service is interrupted (e.g., losing a recall election or being unable to serve part of a term under certain conditions), the Supreme Court has ruled that they may run again.
Common Reasons for Disqualification
Beyond failing to meet basic qualifications, candidates may be disqualified for reasons such as:
- Holding dual citizenship without properly renouncing the foreign one before filing a COC.
- Having been removed from office with an explicit penalty of disqualification.
- Late or incorrect filing of a Certificate of Candidacy.
Filing Certificate of Candidacy (COC)
Candidates who meet all the qualifications must submit a properly filled-out COC within the filing period set by the COMELEC.
The COC must include personal details, the office sought, and a sworn statement confirming eligibility.
Substitution of candidates is allowed only under specific conditions (such as death, withdrawal, or disqualification) and must comply with COMELEC rules.
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Klook.comFinal Thoughts
Running for public office is both an opportunity and a responsibility. Those considering a career in local governance must fully understand the qualifications, disqualifications, and legal processes involved.
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