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Unformatted text preview: they have to choose, and 2. To avoid confusion and inconvenience in the tabulation of the votes cast. (Miranda v. Abaya, G.R. No. 136351, July 28, 1999) Q: Ka Roger went to Laguna to file his COC. The election officer refused to receive Ka Roger’s CoC because he seeks to achieve his goals through violence. Is the refusal valid? A: No. It is the ministerial duty on the part of the election officer to receive and acknowledge receipt of the CoC. The question of whether or not a person is disqualified belongs to another tribunal in an appropriate disqualification case. Q: What is the effect of filing a certificate of candidacy on the tenure of incumbent government officials? A: 1. Appointive official – Sec. 66 of the OEC provides that any person holding an appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in GOCCs, shall be considered ipso facto RESIGNED from his office upon the filing of his certificate of candidacy. Such resignation is irrevocable. 2. Elective official – No effect. The candidate shall continue to hold office, whether he is running for the same or a different position. (Sec. 14, Fair Elections Act expressly repealed Sec. 67 of BP 881) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 165 UST GOLDEN NOTES 2011 Q: Do the deemed‐resigned provisions which are applicable to appointive officials and not with elective officials violate the equal protection clause of the constitution? A: No. The legal dichotomy created by the Legislature is a reasonable classification, as there are material and significant distinctions between the two classes of officials. This is because elected public officials, by the very nature of their office, engage in partisan political activities almost all year round, even outside of the campaign period. Political partisanship is the inevitable essence of a political office,...
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