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R no 136351 july 28 1999 q since there was no valid

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Unformatted text preview: ernandez v. HRET, G.R. No. 187478, Dec. 29, 2009) Q: Who is a double‐registrant? A: Any person who, being a registered voter, registers anew without filing an application for cancellation of his previous registration. (Sec. 26 (y)(6), Omnibus Election Code) Q: Maruhom registered as a voter in Marawi on 26 July 2003. Only three days after, Maruhom again registered as a voter in Marantao, without first canceling her registration in Marawi; and on 28 March 2007, Maruhom filed her COC declaring that she was a registered voter in Marantao and eligible to run as a candidate for the position of mayor of said municipality. Is she still qualified to run for such position in Marantao? A: No. Her prior registration makes her subsequent registration null and void. She cannot be considered a registered voter in Marantao and thus she made a false representation in her COC when she claimed to be one. If a candidate states a material representation in the COC that is false, the COMELEC is empowered to deny due course to or cancel the COC. The person whose COC is denied due course or cancelled under Section 78 of the OEC is not treated as a candidate at all, as if such person never filed a COC. However, although Maruhom’s registration in Marantao is void, her registration in Marawi still subsists. She may be barred from voting or running for mayor in the former, but she may still exercise her right to vote, or even run for an elective post, in the latter. (Maruhom v. COMELEC, G.R. No. 179430, July 27, 2009) Q: Are double registrants still qualified to vote? A: Yes, double registrants are still qualified to vote provided that COMELEC has to make a determination on which registration is valid and which is void. COMELEC could not consider both registrations valid because it would then give rise to the anomalous situation where a voter could vote in two precincts at the same time. COMELEC laid down the rule in Minute Resolution No. 00‐ 1513 that while the first registration of any voter ACA...
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