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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Political and Public International Law

An aspirant for Barangay Captain timely files a Certificate of Candidacy (COC) with the Regional Election Office (a COMELEC field office). The COC contains the candidate’s full name, residence, age, and the office sought. The attached residency certificate issued by the barangay is not in the prescribed form, and the COC lacks the candidate’s middle name. The officer refuses to receive the COC, claiming these defects render the filing invalid. (a) Identify the controlling doctrine on COMELEC’s ministerial duty to receive COCs and its limits. (b) Apply the doctrine to determine whether the officer’s refusal is legally proper. (c) If COMELEC’s refusal is improper, what remedy should the candidate pursue to compel reception and protect the candidate’s right to run?

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The officer’s refusal is improper; however, the correct remedy is a petition for certiorari to review the COMELEC decision and secure a ruling that reception was improper. The officer’s refusal is proper; the COC must be complete and in the prescribed form, including all personal data; the remedy is to refile a corrected COC with the proper form and attachments. The officer’s refusal is improper; COMELEC’s ministerial duty requires reception of COCs that contain essential identifying information; minor form defects do not render the filing invalid; the proper remedy is a petition for mandamus to compel reception. The officer’s refusal is improper; remedy: file a motion for reconsideration with the same COMELEC office before seeking any court action.

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