231 bp881 note failure to comply with this requirement

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Unformatted text preview: elective positions included. The equal protection of the law clause in the Constitution is not absolute, but is subject to reasonable classification. Substantial distinctions clearly exist between elective officials and appointive officials. The former occupy their office by virtue of the mandate of the electorate. They are elected to an office for a definite term and may be removed therefrom only upon stringent conditions. On the other hand, appointive officials hold their office by virtue of their designation thereto by an appointing authority. Some appointive officials hold their office in a permanent capacity and are entitled to security of tenure while others serve at the pleasure of the appointing authority. (Quinto v. COMELEC, Feb. 22, 2010, G.R. 189698) Q: What is the duty of the COMELEC in receiving CoCs? A: GR: When a candidate files his COC, the COMELEC has a ministerial duty to receive and acknowledge its receipt pursuant to Section 76, of the Election Code. The COMELEC may not, by itself, without the proper proceedings, deny due course to or cancel a COC filed in due form. (Luna vs. COMELEC, G.R. No. 165983, April 24, 2007) XPN: 1. Nuisance candidates—Sec. 69 of the OEC 2. Petition to deny due course or to cancel a COC—Sec. 78 of the OEC 3. Filing of a disqualification case on any of the grounds enumerated in Section 68, OEC. 166 Q: Can you withdraw the CoC? A: Yes. A person who has filed a CoC may, prior to the election, withdraw the same by submitting to the office concerned (COMELEC) a written declaration under oath. (Sec. 73, Omnibus Election Code) Q: On the last day of filing a CoC, March 31, Jose Monsale withdrew his CoC. April 1, campaign period started. On April 2, he wanted to run again so he filed a written declaration withdrawing his withdrawal. Is his act of withdrawing the withdrawal valid? A: No. The withdrawal of the withdrawal of the CoC made after the last day of filing is considered as filing of a new CoC. Hence, it was not allowed since...
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