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Unformatted text preview: lection results (Sec. 4, R.A. 7166). The proclamation of the winning candidate does not divest the COMELEC of such jurisdiction, where the proclamation is null and void or is claimed to be so. (Ampatuan v. COMELEC, G.R.No. 149803, January 31, 2002) Q: Due to violence and terrorism attending the casting of votes in a municipality in Lanaodel Sur, it became impossible to hold therein free, orderly and honest elections. Several candidates for municipal positions withdrew from the race. One candidate for Mayor petitioned the COMELEC for the postponement of the elections and the holding of special elections after the causes of such postponement or failure of elections shall have ceased. 1. How many votes of the COMELEC Commissioners may be cast to grant the petition? Explain. 2. A person who was not a candidate at the time of the postponement of the elections decided to run for an elective position and filed a certificate of candidacy prior to the special elections. May his certificate of candidacy be accepted? Explain. 3. Suppose he ran as a substitute for a candidate who previously withdrew his candidacy, will your answer be the same? Explain. 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 177 UST GOLDEN NOTES 2011 A: 1. 2. 3. The COMELEC shall decide by a majority vote of all its members on any case or matter brought before it. (Section 7, Article IX‐A of the 1987 Constitution). In Cua v. COMELEC, G.R. No. 80519‐2, Dec. 17, 1987, the Supreme Court stated that a two‐to‐one decision rendered by a Division of the COMELEC and a three‐
to‐two decision rendered by the COMELEC en banc was valid where only five members took part in deciding the case. No, his certificate of candidacy cannot be accepted. As a rule, in cases of postponement or failure of election no additional certificate of candidacy...
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