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Unformatted text preview: e candidate receiving the majority of votes is declared ineligible? A: GR: No. The ineligibility of a candidate receiving the majority of votes does not entitle the eligible candidate receiving the next highest number of votes to be declared winner. XPN: The rule would be different if the electorate, fully aware of a candidate’s disqualification so as to bring such awareness within the realm of notoriety, would nonetheless cast the votes in favor of the ineligible candidate. In such case, the electorate may be said to have waived the validity and efficacy of their votes by notoriously applying their franchises or throwing away their votes in which case, the eligible candidate obtaining the next highest number of votes may be deemed elected. (Labo v. COMELEC, G.R. No. 105111, July 3, 1992) 3.b. Vacancies and Succession Q: What are the two classes of vacancies in the elective post? A: PERMANENT VACANCY TEMPORARY VACANCY Arises when: elective local official: 1. Fills a higher vacant office 2. Refuses to assume office 3. Fails to qualify 4. Dies 5. Removed from office 6. Voluntarily resigns 7. Permanently incapacitated to discharge the functions of his office (Sec. 44, LGC) Arises when an elected official is temporarily incapacitated to perform their duties due to legal or physical reasons such as: 1. Physical sickness, 2. Leave of absence, 3. Travel abroad or 4. Suspension from office. (Sec. 46, LGC) Q: What are the two ways of filling the vacancy? A: 1. Automatic succession 2. By appointment (Sec. 45, LGC) Q: State the rules of succession in case of permanent vacancies. A: 1. In case of permanent vacancy in: a. Office of the governor: vice‐ governor b. Office of the mayor: vice‐mayor c. Office of the governor, vice governor, mayor or vice‐mayor: highest ranking Sanggunian member or in case of his permanent inability, the second highest ranking Sanggunian member – successor should have come from the same political party. d. Office of the punong barangay: the highe...
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