Terrorism 3 lackofsufficientnoticetothemembers

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Unformatted text preview: me elections, X got the highest number of votes among the candidates for the Sangguniang Bayan of the same town. A died the day before his proclamation. 1. Who should the Board of Canvassers proclaim as elected mayor, A, B or X? Explain. 2. Who is entitled to discharge the functions of the office of the mayor, B or X? Explain. A: It is A who should be proclaimed as winner, because he was the one who obtained the highest number of votes for the position of mayor, but a notation should be made that he died for the purpose of applying the rule on succession to office. 1. B cannot be proclaimed, because the death of the candidate who obtained the highest number of votes does not entitle the candidate who obtained the next highest number of votes to be proclaimed the winner, since he was 168 not the choice of the electorate. X is not entitled to be proclaimed elected as mayor, because he ran for the Sangguniang Bayan. 2. Neither B nor X is entitled to discharge the functions of the office of mayor. B is not entitled to discharge the office of mayor, since he was defeated in the election. X is not entitled to discharge the office of mayor. Under Section 44 of the Local Government Code, it is the vice mayor who should succeed in case of permanent vacancy in the office of the mayor. It is only when the position of the vice mayor is also vacant that the member of the Sangguniang Bayan who obtained the highest number of votes will succeed to the office of mayor. (Benito v. COMELEC, G.R. No. 106053 Aug. 17, 1994) Q: When can a person file a petition to deny due course to or cancel a certificate of candidacy? A: A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 of the Omnibus Election Code is false. The petition may be filed at any time not later than twenty‐five (25) days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearin...
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