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MessagePosté le: Lun 26 Sep - 20:45 (2016)    Sujet du message: Election Law Reviewer Ateneo Pdf Free Répondre en citant



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Election Law Reviewer Ateneo Pdf Free

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When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate/s. Contested election returns (under RA 7166) Matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns, and certificate of canvass, should be brought in the first instance before the board of canvassers only. Motu proprio B. COMELEC, 184 SCRA 484) B. Committed acts of terrorism to enhance his candidacy Spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code ) Solicited, received or made any contribution prohibited under this Code Violated any of the following sections: Section 80, 83, 85,86,261 Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office UNLESS he/she has waived his/her status as a permanent resident/immigrant of a foreign country in accordance with the residence requirement provided for under election laws. UNLESS restored to his full civil and political rights in accordance with law. (Board of canvassers have original jurisdiction while COMELEC have appellate jurisdiction) When election returns are delayed, lost or destroyed (Sec.233) Material defects in the election returns (Sec. by continuing to campaign) and any public officer or private individual who knowingly induces or abets such misrepresentation by commission or omission. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate.

Special election is when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law. Emergency work necessitated by the occurrence of a public calamity but such work shall be limited to the restoration of the damaged facility. Disputable presumption of involvement Proof affects at least 20% of the precincts of the municipality, city or province to which the public office aspired for by the favored candidate relates. Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings to continue even after a proclamation has been made. It would also refer to any matter raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody, and appreciation of the election returns. How is reactivation of registration effected ? Sworn application for reactivation Affidavit Not later than 120 days before regular election and 90 days before special election Annulment of Book of Voters is through verified petition; notice and hearing; not prepared in accordance with law or prepared through fraud, bribery, forgery, impersonation, intimidation, force, any similar irregularity or which contains data that are statistically improbable Cannot be done within 90 days before election Postponement of Election Causes Violence Terrorism Loss or destruction of election paraphernalia/records Force majeure Other analogous causes Effect It is impossible to hold a free, orderly and honest election in any political subdivision COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc, RA 7166): A. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. Election Contest Original Jurisdiction COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications of all elective: Regional Provincial City officials Appellate Jurisdiction COMELEC has APPELLATE jurisdiction over all contests involving: A. 4) However, in some cases, the SC has recognized the jurisdiction of COMELEC over municipal cases even after proclamation.

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