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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.
b. The canvassed election returns are incomplete, contain material defects, appear to be
tampered with or falsified, or contain discrepancies in the same returns or in other
authentic copies thereof as mentioned in Sections 233, 234, 235 and 236 of this Code;
c. The election returns were prepared under duress, threats, coercion, or intimidation, or
they are obviously manufactured or not authentic; and
5. Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
Purpose
E-Annul the election of an elected candidate on the grounds of frauds and irregularities in
the conduct of election and the counting and canvassing of votes
Issue
Who Files
E-Candidate who has duly filed a certificate of candidacy and has been voted for the
same office
7. Midnight Appointments Defined. – The following appointments made by the former President
and other appointing authorities in departments, agencies, offices, and instrumentalities,
including government-owned or controlled corporations, shall be considered as midnight
appointments:
(a) Those made on or after March 11, 2010, including all appointments bearing dates prior to
March 11, 2010 where the appointee has accepted, or taken his oath, or assumed public office on
or after March 11, 2010, except temporary appointments in the executive positions when
continued vacancies will prejudice public service or endanger public safety as may be
determined by the appointing authority.
(b) Those made prior to March 11, 2010, but to take effect after said date or appointments to
office that would be vacant only after March 11, 2010.
(c) Appointments and promotions made during the period o f 45 days prior to the May 10,
2010 elections in violation of Section 261 of the Omnibus Election Code.
8. After a president has been elected and proclaimed, the incumbent and outgoing
president is nothing more than a caretaker. In this case, the SC upheld the validity of
President Macapagal’s order cancelling or recalling 350 midnight appointments made by
predecessor President Garcia without distinguishing between the types of positions
involved, whether executive or judicial. (Aytona v. Castillo, GR No. L-19313)
Prohibition under Constitution, Sec. 15, Art. VII (Executive Dept) for outgoing president
from making appointments within 2-months immediately before the next presidential
elections up to the end of his term, except temporary appointments to executive positions –
does not apply to appointments to fill the vacancy in the SC or judiciary. Otherwise, the
framers would have inserted said prohibition in Art. VIII (Judiciary). Thus, the
appointment of CJ Corona was upheld. (De Castro v. JBC, GR No. 191002)
9. In a decision, the high court ruled as unconstitutional for being ultra vires
1. The act and practice of the Legal Education Board of excluding, restricting, and qualifying admissions
to law schools in violation of the institutional academic freedom on who to admit, particularly:
A. Paragraph 9 of LEBMO No. 7-2016 which provides that all college graduates or graduating students
applying for admission to the basic law course shall be required to pass PhiLSAT as a requirement for
admission to any law school in the Philippines and that no applicant shall be admitted for enrollment as
first year law student in the basic law courses leading to a degree of either Bachelor of Laws or Juris
Doctor unless he/she has passed the PhiLSAT taken within two years before the start for the basic law
course;
B. LEBMC No. 18-2018 which prescribes the passing of PhiLSAT as prerequisite for admission to law
schools;
Accordingly, the temporary restraining order issued on March 12, 2019 enjoining the Legal Education
Board from implementing LEBMC No. 18-2018 is made permanent. The regular admission of students
who were conditionally admitted and enrolled is left to the discretion of law schools in the exercise of
their academic freedom; and
2. The act and practice of the Legal Education Board of dictating the qualifications and classification of
faculty members, dean, and dean of graduate schools of law in violation of institutional academic
freedom on who may teach, particularly:
3. The act and practice of the Legal Education Board of dictating the policies on the establishment of
legal apprenticeship and legal internship programs in violation of insitutional academic freedom on what
to teach, particularly: