There is no showing in the present case that the city

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: he time of filing of the certificate of candidacy, and shall be decided, after due notice and hearing, not later than 15 days before the election (Section 78, B.P. 881 Omnibus Election Code). Jurisdiction over a petition to cancel a certificate of candidacy lies with the COMELEC in division, not with the COMELEC en banc. (Garvida v. Sales, G.R. o. 122872, September 10, 1997) 2. Petition to declare failure of elections Q: What are the three instances where a failure of election may be declared? A: 1. The election in any polling place has not been held on the date fixed on account of force majeure, violence, terrorism, fraud, or other analogous causes; 2. The election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force majeure, violence, terrorism, fraud, or other analogous causes; and 3. After the voting and during the preparation and transmission of the election returns or canvass thereof such election results in failure to elect on account of force majeure, violence, fraud or analogous causes. (Banaga Jr vs Comelec, G.R. No. 134696, July 31, 2000) Q: Who has the power to declare a failure of election? A: The COMELEC has the power to declare a failure of election and this can be exercised motu proprio or upon verified petition. (Loong v. COMELEC, G.R. Nos. 107814‐15, May 16, 1996) Note: The hearing is summary in nature and the COMELEC may delegate to its lawyers the power to hear the case and to receive evidence. (Ibid.) Q: What are the conditions before COMELEC can act on a petition to declare failure of election? A: 1. No voting took place in the precinct or precincts on the date fixed by law, or even if there was voting, the election resulted in failure to elect; and 2. The votes not cast would have affected the result of the election (Tan v. COMELEC, G.R. No. 148575‐76, Dec. 10, 2003) Note: The COMELEC en banc has original and exclusive jurisdiction to hear and decide petitions for declaration of failure of election or for annulment of e...
View Full Document

Ask a homework question - tutors are online