Election Law Assignment

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SAGSAGAT, MARIANE JOY C. NOVEMBER 14, 2015 2014-0304 Petition to deny due course or cancel Certificate of Candidacy Petition for Quo Warranto Petition for Disqualification of Candidate GROUNDS Any material representation (refers to candidate’s qualifications for election such as citizenship and residence) If it is shown that said certificate has been filed to put the election process in mockery or disrepute If said certificate was filed to cause confusion among the voters by the similarity of the names of the registered candidate. If the candidate has no bona fide intention to run for the office. Ineligibility or disloyalty of the candidate to the Republic of the Philippines. Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in excess of that allowed by this Code; (d) solicited,

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Transcript of Election Law Assignment

Page 1: Election Law Assignment

SAGSAGAT, MARIANE JOY C. NOVEMBER 14, 20152014-0304

Petition to deny due course or cancel

Certificate of Candidacy

Petition for Quo Warranto

Petition for Disqualification of

Candidate

GROUNDS Any material representation (refers

to candidate’s qualifications for election such as citizenship and

residence)

If it is shown that said certificate has been

filed to put the election process in

mockery or disrepute

If said certificate was filed to cause

confusion among the voters by the

similarity of the names of the

registered candidate.

If the candidate has no bona fide intention to run for the office.

Ineligibility or disloyalty of the candidate to the Republic of the

Philippines.

Any candidate who, in an action or protest in which he is a party is

declared by final decision of a

competent court guilty of, or found by the

Commission of having (a) given money or

other material consideration to

influence, induce or corrupt the voters or

public officials performing electoral

functions; (b) committed acts of

terrorism to enhance his candidacy; (c)

spent in his election campaign an amount

in excess of that allowed by this Code; (d) solicited, received

or made any contribution prohibited

under Sections 89, 95, 96, 97 and 104; or

(e) violated any of Sections 80, 83, 85,

86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a

candidate, or if he has been elected, from

holding the office. Any person who is a

permanent resident of or an immigrant to a foreign country shall

not be qualified to run

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for any elective office under this Code,

unless said person has waived his status

as permanent resident or immigrant of a foreign country in accordance with the

residence requirement provided

for in the election laws.

WHO MAY FILE May be filed by ANY person

May be filed by ANY person

Filed by a candidate

WHEN TO FILE May be filed not later than 25 days from the

time of the filing of Certificate of

Candidacy and shall be decided, after due process and hearing , not later than 15 days

before the election.

Initiated within 10 days after

proclamation of election results

Filed directly to the Commission before

the election.