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A no there is no provision in the constitution that

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Unformatted text preview: right to assume office in the same manner as if he had been elected by plurality of vote. The board of 176 canvassers shall forthwith make a certificate stating the name of the candidate who had been favored by luck and his proclamation on the basis thereof. (Sec. 240, B.P. 881 Omnibus Election Code) Q: When will the proceedings of the BoC be considered as an illegal proceeding? A: There is an illegal proceeding of the BOC when the canvassing is a sham or mere ceremony, the results of which are pre‐determined and manipulated as when any of the following circumstances are present: 1. Precipitate canvassing 2. Terrorism 3. Lack of sufficient notice to the members of the BOC's 4. Improper venue. (Sec. 2, Rule 4, COMELEC Resolution No. 8804, March 22, 2010) i. REMEDIES AND JURISDICTION IN ELECTION LAW 1. Petition not to give due course to Certificate of Candidacy Q: What are the requisites for the grant of a petition to deny due course to or cancel a certificate of candidacy? A: 1. Material misrepresentation in the qualifications for elective office, which includes age, residency, citizenship, and any other legal qualifications necessary to run for an elective office; and 2. Deliberate attempt to mislead, misinform or hide a fact which would otherwise render a candidate ineligible. Note: These two requirements must concur to warrant the cancellation of the certificate of candidacy. POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. ELECTION LAW A verified petition may be filed exclusively on the ground that any material representation contained in the certificate as required under Section 74 is false. The petition may be filed not later than 25 days from t...
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