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Documente Profesional
Documente Cultură
MODULE
1:
FAILURE
AND
POSTPONEMENT
OF
ELECTIONS
elections,
the
incumbents
can
legally
remain
in
office
as
Barangay
Chairmen
of
their
respective
barangays
in
a
hold-‐over
capacity.
They
shall
continue
to
discharge
their
Mutilan
vs.
COMELEC
powers
and
duties
as
Punong
Barangay,
and
enjoy
the
rights
and
privileges
520
SCRA
152
(2007)
pertaining
to
the
office.
True,
Sec.
43(c)
of
the
Local
Government
Code
limits
the
term
of
elective
barangay
officials
to
three
years.
However,
Sec.
5
of
RA
9164
There
are
three
instances
where
a
failure
of
elections
may
be
declared:
(1)
the
explicitly
provides
that
incumbent
barangay
officials
may
continue
in
office
in
a
hold
election
in
any
polling
place
has
not
been
held
on
the
date
fixed
on
account
of
force
over
capacity
until
their
successors
are
elected
and
qualified.
majeure,
violence,
terrorism,
fraud
or
other
analogous
causes;
(2)
the
election
in
any
polling
place
has
been
suspended
before
the
hour
fixed
by
law
for
the
closing
of
the
The
application
of
the
hold-‐over
principle
preserves
continuity
in
the
transaction
of
voting
on
account
of
force
majeure,
violence,
terrorism,
fraud
or
other
analogous
official
business
and
prevents
a
hiatus
in
government
pending
the
assumption
of
a
causes;
or
(3)
after
the
voting
and
during
the
preparation
and
transmission
of
the
successor
into
office.
As
held
previously
by
the
Court,
cases
of
extreme
necessity
election
returns
or
in
the
custody
or
canvass
thereof,
such
election
results
in
a
justify
the
application
of
the
hold-‐over
principle.
failure
to
elect
on
account
of
force
majeure,
violence,
terrorism,
fraud
or
other
analogous
causes.
MODULE
4:
QUALIFICATIONS
AND
DISQUALIFICATIONS
OF
CANDIDATES
Furthermore,
the
Court
explains
that
the
nullification
of
elections
or
declaration
of
failure
of
elections
is
an
extraordinary
remedy.
The
party
who
seeks
the
nullification
Lluz
vs.
COMELEC
of
an
election
has
the
burden
of
proving
entitlement
to
this
remedy.
It
is
not
enough
523
SCRA
456
(2007)
that
a
verified
petition
is
filed.
The
allegations
in
the
petition
must
make
out
a
prima
facie
case
for
declaration
of
failure
of
election,
and
convincing
evidence
must
Profession
or
occupation
is
not
a
qualification
for
elective
office,
and
therefore
not
a
substantiate
the
allegations.
material
fact
in
a
certificate
of
candidacy.
Profession
or
occupation
not
being
a
qualification
for
elective
office,
misrepresentation
of
such
does
not
constitute
a
MODULE
3:
PUBLIC
OFFICES
AND
ELECTIVE
OFFICIALS
material
misrepresentation.
BA-‐RA
vs.
COMELEC
Luna
vs.
COMELEC
523
SCRA
1
(2007)
522
SCRA
107
(2007)
The
Court
cannot
revoke
the
accreditation
given
by
COMELEC
to
the
party-‐list
A
valid
withdrawal
of
a
certificate
of
candidacy
and
the
compliance
with
the
groups
in
question.
This
will
entail
an
evaluation
of
the
qualities
of
the
sectoral
procedural
requirements
for
a
valid
substitution
equates
to
a
valid
substitution,
groups’
qualifications,
which
would
require
the
Court
to
make
factual
even
if
the
substituted
candidate
was
under
age,
hence
ineligible.
determinations,
which
is
outside
the
scope
of
judicial
review
by
way
of
certiorari.
Sec.
78
of
the
Election
Code
provides
that
in
case
a
person
filing
a
certificate
of
Adap
vs.
COMELEC
candidacy
has
committed
false
material
representation,
a
verified
petition
to
deny
516
SCRA
403
(2007)
due
course
to
or
cancel
the
certificate
of
candidacy
of
said
person
may
be
filed
at
any
time
not
later
than
25
days
from
the
time
of
filing
of
the
certificate
of
candidacy.
As
the
law
now
stands,
the
language
of
Sec.
5
of
RA
91641
is
clear.
Since
there
was
a
failure
of
elections
in
the
July
2002
regular
elections
and
in
the
August
2002
special
Rivera
vs.
COMELEC
523
SCRA
41
(2007)
1
Sec. 5. Hold Over. – All incumbent barangay officials and sangguniang kabataan officials For
the
three-‐term
limit
for
elective
local
government
officials
to
apply,
two
shall remain in office unless sooner removed or suspended for cause until their successors shall
have been elected and qualified. The provisions of the Omnibus Election Code relative to
conditions
or
requisites
must
concur,
to
wit:
(1)
that
the
official
concerned
has
been
failure of elections and special elections are hereby reiterated in this Act. elected
for
three
consecutive
terms
in
the
same
local
government
post,
and
(2)
that