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    PIKACHUCHIE
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    This document summarizes various election remedies in the Philippines, including when and where they can be filed and the grounds and effects for each. It outlines remedies such as a petition to cancel a certificate of candidacy, petition for disqualification, quo warranto, and election protest. For example, a petition to cancel a COC can be filed within 25 days of filing based on false representations and affects the candidacy, while an election protest can be filed by a candidate for the same office based on fraud or irregularities.

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    This document summarizes various election remedies in the Philippines, including when and where they can be filed and the grounds and effects for each. It outlines remedies such as a petition to cancel a certificate of candidacy, petition for disqualification, quo warranto, and election protest. For example, a petition to cancel a COC can be filed within 25 days of filing based on false representations and affects the candidacy, while an election protest can be filed by a candidate for the same office based on fraud or irregularities.

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    8 views3 pages

    REMEDY

    Uploaded by

    PIKACHUCHIE
    This document summarizes various election remedies in the Philippines, including when and where they can be filed and the grounds and effects for each. It outlines remedies such as a petition to cancel a certificate of candidacy, petition for disqualification, quo warranto, and election protest. For example, a petition to cancel a COC can be filed within 25 days of filing based on false representations and affects the candidacy, while an election protest can be filed by a candidate for the same office based on fraud or irregularities.

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    of 3

    REMEDY WHEN WHERE TO FILE GROUNDS EFFECTS

    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. 

    Election Protest WHO MAY FILE: a a. President/VP: SC fraud, terrorism, irregularities or


    candidate who has as the Presidential illegal acts committed before,
    filed a CoC and has Electoral Tribunal b. during and after the casting and
    been voted upon for Senator: Senate counting of votes.
    the same office Electoral Tribunal c.
    Representative:
    HRET d.
    Regional/Provincial/
    CIity: COMELEC e.
    Municipal: RTC f.
    Barangay: MTC
    Appeal: from
    mtc/rtc TO comelec

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