Sec5bra7160 q what are the other rules in interpreting

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Unformatted text preview: shall be accepted. (Section 75 of the Omnibus Election Code) No, the answer will be different. An additional certificate of candidacy may be accepted in cases of postponement or failure of election if there was a substitution of candidates; but the substitute must belong to and must be endorsed by the same party. (Section 75 of the Omnibus Election Code) 3. Pre‐proclamation Controversies Q: What are pre‐proclamation controversies? A: They refer to any question pertaining to or affecting the proceedings of the board of canvassers, and the preparation, transmission, receipt, custody and appreciation of election returns which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC. (Sec. 241, B.P. 881 Omnibus Election Code) Note: The purpose of this kind of controversy is to ascertain winners in the elections on basis of election returns duly authenticated by board of inspectors and admitted by the board of canvassers. (Abella v. Larrazabal, G.R. No. 87721‐30, December 21, 1989) Q: Are there pre‐proclamation cases in elections for President, Vice‐president and Members of 178 the House of Representatives on matters relating to the preparation, transmission, receipt, custody, and appreciation of the election returns or the certificates of canvass? A: GR: No (Sec. 15, Synchronized Election Law). XPNS: 1. Correction of manifest errors 2. Questions affecting the composition or proceedings of the board of canvassers and 3. Determination of the authenticity and due execution of certificates of canvass as provided in Sec. 30 of R.A.7166, as amended by R.A. 9369. Note: GR: The COMELEC is restricted to a mere examination of returns on their face and not to go beyond and investigate irregularities. (Belac v. COMELEC, G.R. No. 145802, April 4, 2001) XPN: If there is a prima facie showing that return is not genuine. (Ibid.) No pre‐proclamation cases are allowed in case of barangay election. (Se...
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