4/9/2020
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run for the office for which his certificate of candidacy was filed can be raised, to wit:
(1) Before election, pursuant to Section 78 thereof which provides that:
Sec. 78. Petition to deny due course or to cancel a certificate of
candidacy. – A verified petition seeking to deny due course or to
cancel a certificate of candidacy may be filed by any 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; and
(2) After election, pursuant to Section 253 thereof, viz:
Sec. 253. Petition for quo warranto. – Any voter contesting the
election of any Member of the Batasang Pambansa, regional,
provincial, or city officer on the ground of ineligibility or of
disloyalty to the Republic of the Philippines shall file a sworn
petition for quo warranto with the Commission within ten days
after the proclamation of the results of the election.
(Emphasis ours)
Hence, if a person qualified to file a petition to disqualify a certain candidate fails to file
the petition within the twenty-five (25)-day period prescribed by Section 78 of the
Omnibus Election Code for whatever reasons, the elections laws do not leave him
completely helpless as he has another chance to raise the disqualification of the
candidate by filing a petition for quo warranto within ten (10) days from the
proclamation of the results of the election, as provided under Section 253 of the
Omnibus Election Code.[17]
The above remedies were both available to the private respondents and their failure to
utilize Section 78 of the Omnibus Election Code cannot serve to bar them should they
opt to file, as they did so file, a quo warranto petition under Section 253.
IV. Petitioner is disqualified
from running for elective
office
for
failure
to
renounce
her
Australian
citizenship in accordance
with Section 5(2) of R.A.
No. 9225.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55170
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