Candidates, Substitution, Disqualification Flashcards
Definition of Candidate (3)
- Seeks public office
- Files certificate of candidacy and
- Campaign period has started (under automated system) – operative fact
How many CoCs should be filed?
1
What time should they file it?
During usual government office hours
What is the purpose of a CoC?
To announce and declare eligible the candidate
What if the CoC is void?
Candidate not considered a candidate from the beginning even if cancelled after elections
What if the candidate has a perpetual disqualifcation likeguilty of grave misconduct? Can the candidate be re-elected?
Renders CoC void, cannot be re-elected
Does the law demand perfect accuracy of a CoC?
No, only such facts which they believe to be true to the best of their knowledge
What is the ministerial duty of COMELEC wt regard to CoCs?
If filed in due form, ministerial duty to receive COC;
Comelec may look into patent defects (appearing on the face) of CoCs
Effect of CoC prior to campaign period
Not a candidate (not liable for unlawful acts and omissions
Effect of filing a CoC wt regard to tenure of incumbets (elective and appointive)
Elective – remain in office regardless of position held and vied for;
Appointive – ipso facto resigned
Grounds for substitution
- Death
- Withdrawal
- Disqualification
When is substitution not allowed?
- When it violates the term limit;
- Lack of residency;
- CoC denied due course or cancelled – (c.1) nuisance and (c.2) material misrepresentation
What happens if there is invalid substitution?
Not considered a candidate
When is the only time substitution will be allowed?
Substitution only allowed if ground to disqualify existed after filing of CoC
Requirements for the substitute?
They must be qualified and are part of the same PP/ Coalition
