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Election law - Petition for Disqualification v. Cancellation of COC

Election law - Petition for Disqualification v. Cancellation of COC

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Published by Sandra Magalang
Election law - difference between Sec. 68 and Sec. 78 of OEC
Election law - difference between Sec. 68 and Sec. 78 of OEC

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Categories:Business/Law
Published by: Sandra Magalang on Nov 03, 2013
Copyright:Attribution Non-commercial

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11/03/2013

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Sandra M.T. Magalang Election Law Distinctions Between Section 68 and Section 78 of the Omnibus Election Code Section 68
1
 Section 78
2
 Nature
Petition for Disqualification: Action under Section 68 is based on the limited grounds of residency or immigration to a foreign country and commission of an electoral offense, enumerated in Section 68 of the OEC. Other grounds for petition to disqualify a candidate: Section 12, OEC Section 40, LGC Petition to Deny Due Course or to Cancel Certificate of Candidacy: Action is not based on lack of qualifications, but on a finding that the candidate made a material representation that is false, which may relate to the qualifications required of the public office he is running for. Thus the prayer is to deny due course or to cancel his CoC.
Purpose
Disqualify a candidate Deny due course or cancel a certificate of candidacy
Grounds
(1)
 
Candidate is a permanent resident of or an immigrant to a foreign country (2)
 
Declared by final decision of competent court or by the COMELEC to be guilty of having: False material representation in a CoC, which may include the statutory and constitutional qualifications of a candidate for public office. Hence it must be read in relation to other qualifications
1
 
Sec. 68.
 
Disqualifications.
 - 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 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.
2
 
Sec. 78.
 
Petition to deny due course to or cancel a certificate of candidacy.
 - A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false. The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election.

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