Professional Documents
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REMEDY
REMEDY
TO FILE
Petition to cancel At any time not later COMELEC Division Sec. 78 of the OEC; That any 1. The CoC is considered void ab initio.
COC than 25 days from material representation contained 2. The person is deemed to have not been a candidate at
the time of the filing in the CoC is false + a showing that all.
of the CoC there was an intent to deceive the 3. There can be no valid substitution.
electorate. Material 4. No valid candidacy thus no valid votes. Stray votes.
Misrepresentation 5. Second placer should be proclaimed.
Residency
Age
Citizenship
Other legal qualifications
nec. to run for local elective
office in the LGC
(QUALIFICATIONS)
Petition for any day after the last COMELEC Division (a) giving money or other material 1. Complaint filed before election; if granted and
Disqualification day for filing of consideration to influence, induce declared by final judgment before election =
certificates of or corrupt the voters or public disqualified; respondent shall not be voted for and the
candidacy but not officials performing electoral votes cast for him are considered stray.
later than the date of functions;
proclamation 2. Complaint is not resolved with finality before
(b) committing acts of terrorism to election = the candidate may be voted for; if he
enhance his candidacy; obtains the winning number of votes, he is entitled to
be proclaimed elected to the office and to enter the
(c) spending in his election discharge of his functions. The complaint shall be
campaign an amount in excess of referred to the Law Department for preliminary
that allowed by this Code; investigation.
(d) soliciting, receiving or making 3. Complaint filed after election but before
any contribution prohibited under proclamation = the complaint shall be dismissed as a
Sections 89, 95, 96, 97 and 104; or disqualification case; but it will be referred to the Law
Dept for PI; if the Law Dept finds a prima facie guilt of
(e) violating any of Sections 80, 83, the respondent, it shall file the corresponding
85, 86 and 261, paragraphs d, e, k, information before the court; the complainant may file
v, and cc, subparagraph 6; a petition before the court to suspend the
proclamation. The trial court may order the
(f) permanent residence in a foreign suspension of the proclamation where the evidence of
country or an immigrant thereof guilt is strong; .
unless said person has waived his
status as permanent resident or 4. Complaint filed after election and proclamation of
immigrant of a foreign country. winner = complaint shall be dismissed as a
disqualification case; but it will be referred to the Law
(VIOLATIONS AGAINST OMNIBUS Dept for PI;
ELECTION CODE)
C
Quo Warranto within 10 days from OMELEC Division 1. Ineligibility If the defendant is not entitled to hold the office,
proclamation 2. Disloyalty to the Republic of the court may decide who does have that right. If
Except if member of the Philippines
the court decides that the defendant unlawfully
the HoR then HRET
usurped the office, the court will exclude the
defendant from the office and assess costs.