Category Archives: Election Code

Elements, Penalty and Burden of Proof of Bearing, Possesing and Transporting Firearms

 While the prosecution was able to establish the fact that the subject firearm was seized by the police from the possession of the petitioner, without the latter being able to present any license or permit to possess the same, such … Continue reading

Posted in Election Code, Firearms | Tagged , , | Leave a comment

A petition to cancel a candidate’s COC may be filed under Section 78 of the OEC while A petition for disqualification of a candidate may also be filed pursuant to Section 68 of the same Code

A petition to cancel a candidate’s COC may be filed under Section 78 of the OEC which provides: SEC. 78. Petition to deny due course to or cancel a certificate of candidacy.  —  A verified petition seeking to deny due … Continue reading

Posted in COC, Disqualification, Election Code | Tagged | Leave a comment

There being no final judgment of disqualification yet at the time of candidate’s proclamation, it was grave error for the COMELEC En Banc to rule that one’s proclamation was illegal and premature

The petition presents the following issues for resolution: (1) whether the petition in SPA No. 10-074 (DC) was timely filed; (2) whether Gonzalez was validly proclaimed as the duly elected Representative of the 3rdDistrict of Albay in the May 10, … Continue reading

Posted in COMELEC, Disqualification, Election Code, Proclamation, Quotations | Tagged | Leave a comment

HRET is the sole judge of all contests relating to the election, returns, and qualifications of the members of the House of Representatives.

Despite recourse to this Court, however, we cannot rule on the issue of citizenship of Gonzalez.  Subsequent events showed that Gonzalez had not only been duly proclaimed, he had also taken his oath of office and assumed office as Member … Continue reading

Posted in Congress, Election Code, House of Representatives, HRET, Jurisdiction | Tagged | Leave a comment

The COMELEC which has jurisdiction to take cognizance of an appeal from the decision of the RTC in election contests involving elective municipal officials has jurisdiction to issue a writ of certiorari in aid of its appellate jurisdiction

On July 12, 2010, petitioner filed an Omnibus Motion to: (1) Restore Protestee’s Standing in Court; (2) Motion for Reconsideration of the Order dated June 24, 2010; and (3) Suspend Proceedings Pending Resolution of Falsification Case Before the Law Department … Continue reading

Posted in Appeal, Certiorari, COMELEC, Definitions, Election Code, Jurisdiction | Tagged | Leave a comment

Preliminary conference is meant to expedite the disposition of election cases and must, perforce, be obeyed.

In the instant case, the petitioner has utterly failed to show to the Court that the COMELEC, in issuing the assailed resolutions, acted capriciously, whimsically and arbitrarily, such that its act is annullable by the extraordinary writ of certiorari. The … Continue reading

Posted in Election Code, Preliminary Conference | Tagged | Leave a comment