Sec2artxii1987constitution q what is the exception to

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Unformatted text preview: COMELEC, G.R. No. 112889, April 18, 1995; Rodriguez v. COMELEC, GR 120099 July 24, 1996) 6. 7. 8. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectively of this LGC; Insane or feeble‐minded (Sec. 40, LGC) Other grounds for disqualification: a. Vote buying (upon determination in a summary administrative proceeding) (Nolasco v COMELEC, GR Nos. 122250 & 122258 July 21, 1997) b. Removal by administrative proceedings (perpetual disqualification) (Lingating v COMELEC, G.R. No. 153475, Nov. 13, 2002) Q: May an official removed from office as a result of an administrative case, before the effectivity of the LGC be disqualified under Section 40 of said law? A: No. Section 40 (b) of the LGC has no retroactive effect and therefore, disqualifies only those administratively removed from office after January 1,1992 when LGC took effect (Greco v. COMELEC, G.R. No. 125955, June 19, 1997). The administrative case should have reached a final 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. LOCAL GOVERNMENTS determination. (Lingating v. COMELEC, G.R. No. 153475, Nov. 13, 2002) Q: What is the significance of possession of a “green card” by a candidate for an elective position? A: Possession of a “green card” is ample evidence to show that the person is an immigrant to or a permanent resident of the U.S. Hence, immigration to the US by virtue of a “Green card” which entitles one to reside permanently in that country, constitutes abandonment of domicile in the Philippines. (Ugdoracion v. COMELEC, G.R. No. 179851, April 18, 2008) Q: Can a candidate receiving the next highest vote be declared the winner after th...
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