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Unformatted text preview: to be decided by the people in their sovereign capacity. (Evardone v. COMELEC, G.R. No. 94010, Dec. 2, 1991) Q: What are the limitations on recall? A: 1. An elective official can be subjected to recall only once 2. No recall shall take place within one (1) year from the assumption of office or one year immediately preceding a regular local election. (Section 74 (b) of Republic Act No. 7160) Q: What is abandonment? A: It is the voluntary relinquishment of an office by the holder with the intention of terminating his possession and control thereof. (Words and Phrases, Vol. 1, p. 127, citing Board of Com'rs of Dearbon County v Droege, Ind. App., 66 N.E. 2d 134, 138) Q: Does the acceptance of an incompatible office pertain to its physical impossibility or its nature? A: It refers to the nature and relation of the two offices to each other, they should not be held by one person from the contrariety and antagonism which would result in the attempt by one person to faithfully and impartially discharge the duties of one, toward the incumbent of the other. (Treatise on the Law of Public Offices and Officers, Mechem,1890 edition) Q: Does the acceptance of an incompatible office ipso facto vacate the other? A: GR: Yes. XPN: Where such acceptance is authorized by law. Q: What are the requisites for a valid abolition of office? A: 1. Must be made in good faith; 2. Clear intent to do away with the office; 3. Must not be for personal or political reasons; and 4. Must not be contrary to law. Q: What is the prescriptive period for petitions for reinstatement or recovery of public office? A: It must be instituted within one (1) year from the date of unlawful removal from the office. Such period may be extended on grounds of equity. Q: What is the period provided to take the oath of office to avoid failure to assume office? A: Failure to take the oath of office within six (6) months from proclamation of election shall cause the vacancy of the office unless such failure is for a cause beyond his control. (Sec. 11 B.P. 881) Q: When does conviction by final judgment automatically terminate official relationship? A: When the penalty imposed carries with it the accessory penalty of disqualification. Q: Will the grant of plenar...
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