236 bp 881 omnibus electioncode note when integrity of

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Unformatted text preview: umber of votes is disqualified and 2. The electorate is fully aware in fact and in law of the candidate’s disqualification so as to bring such awareness within the realm of notoriety but would nonetheless cast their votes in favor of the ineligible candidate. (Grego v. COMELEC, G. R. No. 125955, June 19, 1997) Q: What is the effect of filing two certificates of candidacy? A: Filing of two (2) certificates of candidacy disqualifies the person to run for both elective positions. (Sec. 73, B.P. 881 Omnibus Election Code) Q: Who may be considered a nuisance candidate? ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 167 UST GOLDEN NOTES 2011 A: They are candidates who have no bona fide intention to run for the office for which the COC has been filed and would thus prevent a faithful election. And upon showing that: 1. Said certificate has been filed to put the election process in mockery or disrepute 2. To cause confusion among the voters by the similarity of the names of the registered candidates; or 3. By other circumstances or acts which demonstrate that a candidate has no bona fide intention to run for the office for which his certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate. (Tajanan v. COMELEC, G.R. No. 104443, Apr. 13, 1992) The COMELEC may, motu proprio or upon verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy upon showing of the above‐stated circumstances. (Sec. 69, B.P. 881 Omnibus Election Code) Q: A and B were the only candidates for mayor of Bigaa, Bulacan in the May 1995 local elections. A obtained 10,000 votes as against 3,000 votes for B. In the sa...
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This document was uploaded on 03/12/2014.

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