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All Jurisprudence based

0 tracked cards Political and Public International Law

In the municipality of Dalan, the mayoral election could not yield a proclaimed winner because a sudden cyberattack disrupted canvassing across several barangays, preventing a complete canvass and proclamation. The Commission on Elections declares a "failure of election" for the municipality and issues a resolution calling a special municipal election to be held within six months. (a) State the controlling doctrine on "failure of election" and the authority to call a special election. (b) Explain the effect of the failure of election on the vacancy and who shall act as mayor until the winner of the special election is proclaimed. (c) Distinguish this remedy from vacancies caused by death or removal of the incumbent.

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The six-month period to hold the special election begins from the date of proclamation of failure; if the election cannot be held within six months, the seat shall be declared vacant and the Sanggunian may appoint a caretaker. Failure of election; the COMELEC has authority to call a special municipal election to be held within six months; the vacancy is filled by the Vice Mayor serving as acting Mayor until the winner of the special election is proclaimed; this remedy differs from vacancies caused by death or removal because it arises from a failed canvass rather than incapacity or termination. The remedy applies only to provinces; municipalities have no provision for a special election and the seat remains vacant until the next regular election. During the interim, the Vice Mayor may remain as ceremonial figurehead, and the municipal administrator appointed by the DILG shall perform executive functions until a new election.

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