AN ACT PROVIDING FOR THE PROCLAMATION OF A LONE CANDIDATE FOR ANY ELECTIVE OFFICE IN A SPECIAL ELECTION

Case Overview and Summary

Summary of Republic Act No. 8295

Declaration of Policy (Section 1):
- The State shall ensure that elective positions in the executive and legislative branches are occupied at all times at the least cost to the government.

Proclamation of a Lone Candidate (Section 2):
- In a special election, if there is only one qualified candidate for an elective position other than President and Vice President, the lone candidate shall be proclaimed elected without holding the special election.
- This is upon certification by the Commission on Elections (COMELEC) that the candidate is the only one for the office.

Assumption of Office (Section 3):
- The proclaimed candidate shall assume office not earlier than the scheduled election day, unless there are grounds to deny or cancel the certificate of candidacy under Sections 69 and 78 of the Omnibus Election Code.
- COMELEC shall decide petitions for disqualifications not later than election day; otherwise, such petitions shall be deemed dismissed.

Disqualifications (Section 4):
- In addition to disqualifications mentioned in Sections 12 and 68 of the Omnibus Election Code and Section 40 of the Local Government Code, the following are disqualified when the evidence of guilt is strong:
- Any elective official who resigned from the office they previously occupied, causing a vacancy.
- Any person who coerces, bribes, threatens, harasses, intimidates, or causes violence, injury, punishment, torture, damage, loss, or disadvantage to any aspiring candidate or their family to eliminate potential candidates.

Prohibited Acts, Election Offenses, and Penalties (Section 5):
- Any act of coercion, bribery, threat, harassment, intimidation, terrorism, or causing violence, injury, punishment, torture, damage, loss, or disadvantage to discourage filing of candidacy to eliminate potential candidates shall constitute an election offense.
- Violations shall be prosecuted and penalized in accordance with Section 264 of the Omnibus Election Code.

Applicability (Section 6):
- Provisions of the Omnibus Election Code and other election laws not in conflict with this Act shall remain in full force and effect.

Implementing Authority (Section 7):
- COMELEC shall promulgate rules and regulations necessary to carry out the purpose of this Act within 15 days from its effectivity.

Separability Clause (Section 8):
- If any section, provision, or part of this Act is declared unconstitutional or invalid, the remaining parts shall continue to be in full force and effect.

Repealing Clause (Section 9):
- All laws, decrees, executive orders, including pertinent provisions of Republic Act Nos. 7160 and 7166, inconsistent with this Act are hereby amended, repealed, or modified accordingly.

Effectivity (Section 10):
- This Act shall take effect 15 days after its publication in two national newspapers of general circulation.