In its legal opinion, the Law Department said the requirement does not impose an additional qualification for elective office because it merely requires candidates to affirm that they will comply with existing laws.
The Commission on Elections (Comelec) has approved the inclusion of a sworn conflict-of-interest declaration in the Certificate of Candidacy (CoC), requiring aspiring candidates to commit to complying with existing anti-graft and ethical standards if elected.
In Memorandum No. 260904 dated 4 August, the Office of the Secretary to the Commission informed the Comelec Law Department that the poll body approved the proposal during its 24 July referendum and consultation. The Law Department was directed to take the necessary steps to implement the resolution.
Under the approved declaration, candidates must undertake that, if elected, they will comply with the conflict-of-interest provisions of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, and Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The declaration states that public officials must not have any direct or indirect financial or pecuniary interest in any business, contract, or transaction that conflicts with the faithful performance of their official duties or is otherwise prohibited by the Constitution or existing laws.
The proposal stemmed from a memorandum of the Comelec Law Department following Ombudsman Jesus Crispin Remulla’s suggestion that CoCs should include a sworn declaration stating that candidates have no conflict of interest.
In its legal opinion, the Law Department said the requirement does not impose an additional qualification for elective office because it merely requires candidates to affirm that they will comply with existing laws.
It noted that while the Constitution and statutes prescribe qualifications for public office, the Omnibus Election Code authorizes Comelec to prescribe the forms used in elections, including the contents of CoCs, provided they do not create new qualifications.
The department also cited a Supreme Court ruling that struck down mandatory drug testing for senatorial candidates because it added an unconstitutional qualification.
The Law Department added that the declaration is intended to promote transparency by placing candidates on record regarding financial interests that could affect the faithful discharge of public office.
It also noted that previous CoC forms already contained sworn declarations and undertakings beyond those expressly required under Section 74 of the Omnibus Election Code.
