Can You Run for Barangay Chairman After Filing for City Councilor? Philippine Rules on Multiple Candidacies

Philippine rules on multiple candidacies—what you need to know

Running for two different local posts in close succession (or at the same time) happens more often than you’d think—especially when barangay and local elections fall in the same year. Here’s a practical, lawyerly guide to what’s allowed, what’s risky, and how to do it right under Philippine election law.


The short answer

  • You cannot be a candidate for more than one office in the same election. Filing two Certificates of Candidacy (COCs) for different offices for the same electoral exercise can get all of them cancelled.
  • If the elections are different (e.g., city/municipal elections vs. barangay elections held on a different date), you may run in the later election, but you should withdraw your earlier COC before filing the new one and observe all Comelec deadlines and forms.
  • You cannot hold two elective posts at once. If you eventually win both (because the elections fell on different dates), you must assume only one office; assuming one effectively vacates or prevents assumption of the other.

Key legal ideas in play

1) The one-office-per-election rule

  • Philippine election law bars a person from being a candidate for more than one office in the same election.
  • Practically, if you file COCs for city councilor and barangay chairman for the same electoral event, Comelec can cancel the COCs. Even if both were accepted by a local office, acceptance doesn’t validate a prohibited multiple candidacy.

2) Different elections, different COCs

  • Barangay/SK elections are legally non-partisan, separate electoral exercises from the regular national and local elections (where city councilors are elected).

  • Because they are different elections, it is generally permissible to run in the later election even if you previously filed for the earlier one—provided you tidy up your filings (see the compliance checklist below).

  • Why still withdraw the earlier COC?

    • To avoid any allegation of simultaneous multiple candidacy,
    • To prevent confusion in Comelec records and official lists of candidates, and
    • To avoid being treated as a nuisance or as having engaged in conduct that might mislead the electorate.

3) “Deemed resigned” vs. not resigned

  • Appointive officials are deemed resigned upon filing a COC (for any elective post).
  • Elective officials (e.g., sitting barangay kagawads, councilors, mayors) are not deemed resigned when they file a COC for another office.
  • This matters if you are currently in government; it does not change the multiple-candidacy rule above.

4) You cannot hold two elective posts

  • The Constitution and the Local Government Code do not allow you to simultaneously hold two elective posts (beyond limited ex officio roles).
  • If the calendars line up so you could win both (e.g., city councilor first, then barangay chair later the same year), you’ll have to choose one office to actually assume; assuming one will bar or vacate the other.

Timing scenarios

A) You filed for City Councilor; months later, Barangay elections are announced

  • Permissible path:

    1. Withdraw your city councilor COC at the local Comelec office where you filed (use the proper withdrawal form; bring valid ID).
    2. File your Barangay Chairman COC within the BSKE filing window at the Office of the Election Officer (OEO) of your barangay.
    3. Make sure your name is removed from the earlier Certified List of Candidates (CLC) and appears only in the BSKE CLC.
  • Risk if you don’t withdraw:

    • If Comelec views the candidacies as simultaneous or as creating confusion, it may cancel one or both, or treat the earlier COC as abandoned once you filed the second—depending on the timing and the applicable resolution for that election cycle. Don’t gamble; withdraw cleanly.

B) Same-day or overlapping elections (rare but possible in resets/postponements)

  • Not allowed. You cannot be a candidate for two different posts in the same electoral exercise. You must choose one and formally withdraw the other before the relevant cutoff.

C) You already won as City Councilor; then a postponed or special Barangay election follows

  • You may run for barangay chairman (subject to standard qualifications and BSKE rules), but if you win, you cannot hold both. You will have to assume only one; assuming the barangay post would effectively forgo your council seat (and vice versa). Consider succession and political strategy carefully before filing.

Practical compliance checklist (do these to avoid headaches)

  1. Map the calendars

    • Check exact filing windows, campaign periods, and election dates for both elections. Barangay/SK schedules are governed by separate Comelec resolutions.
  2. Withdraw before you refile

    • If you already filed for city councilor and want to run for barangay chairman later, file a written withdrawal of your city councilor COC before filing the barangay COC.
    • Keep stamped receipts/acknowledgments of your withdrawal.
  3. Use the correct office and forms

    • City/Municipal election COCs are filed with the local Comelec receiving office per Comelec’s resolution for that cycle.
    • Barangay COCs are filed with the OEO of the barangay’s city/municipality. Forms differ; don’t reuse.
  4. Verify the Certified List of Candidates (CLC)

    • After withdrawals and new filings, inspect the CLC to ensure your name appears only once—and for the right post.
  5. Mind residency and disqualifications

    • Residency: Barangay chairman requires actual residence in the barangay for the period required by law (shorter than for city posts, but strictly enforced).
    • Age/citizenship/literacy: Recheck statutory qualifications.
    • Administrative/Criminal issues: Pending cases can trigger disqualification or perpetual disqualification if they fit statutory grounds.
  6. Non-partisan rule for barangay elections

    • No political parties: Don’t use party emblems or accept party nominations. Campaigning must follow BSKE-specific rules on materials, sizes, and spending.
  7. Campaign finance and statements

    • File SOCEs (Statements of Contributions and Expenditures) separately for each election you actually ran in. Missing or late SOCEs can bar you from assumption of office and lead to fines.
  8. Avoid “nuisance candidate” pitfalls

    • If your switch causes confusion (e.g., same surname as a known candidate, repeated filings), Comelec may entertain petitions to declare you a nuisance. Keeping a clean paper trail (withdrawal first, then refiling) minimizes this risk.

Strategy pointers (beyond the black-letter rules)

  • Plan your narrative. Shifting posts mid-year invites questions. Issue a clear, early statement explaining your reason (e.g., hyper-local focus) to avoid bad optics or nuisance petitions.
  • Coordinate with the Election Officer. Local EOs can confirm the latest documentary quirks for your city or barangay (e.g., ID requirements, photo specs).
  • Think succession. If you sit as councilor and aim for barangay chair, map how each result affects your team (e.g., who fills your vacated seat, how committees realign).

FAQs

Q: Is withdrawal mandatory if the elections are different? Strictly speaking, the bar is on multiple candidacies in the same election. In practice, withdrawing the earlier COC before filing the new one is the safest route to prevent cancellation, confusion in the CLC, or nuisance petitions.

Q: Can I switch back if I change my mind again? You may file a new COC for a different office only within the filing period and subject to Comelec’s rules for that cycle. Multiple switches raise red flags; each new filing should be paired with a documented withdrawal of the last.

Q: What if my name already appeared on the official ballot for the earlier race? If ballots are printed or the CLC is finalized, Comelec may deny late withdrawals or treat your candidacy differently (e.g., stay on the ballot but announce withdrawal). Avoid reaching this stage—act early.

Q: If I win both (on different dates), can I sit in both? No. You must assume only one elective office. Assuming one prevents or vacates the other.


Bottom line

  • Same election? Choose one office.
  • Different elections? You may run in the later one, but withdraw the earlier COC first, follow the correct filing office and forms, and ensure you appear only once on the candidates’ list.
  • Never hold two elective offices at the same time.

If you want, I can draft the exact withdrawal letter and a filing-day checklist tailored to your city and barangay—just tell me where you’re filing.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.