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All Jurisprudence based

0 tracked cards Political and Public International Law

Facts: A candidate for city mayor, EDUARDO RIVERA, files a Certificate of Candidacy (COC) within the permitted filing period. COMELEC accepts the COC after verifying that it complies with all formal requirements. A day later, COMELEC cancels the COC on grounds of alleged lack of Filipino citizenship, based on a private NGO’s report. The agency provides no prior notice or opportunity to be heard. The candidate challenges the cancellation as a violation of due process. (a) Identify the controlling rule on COMELEC’s duty to observe due process before canceling or disqualifying a candidate’s COC. (b) Apply the rule to the facts: Was the cancellation valid? Why or why not? (c) If due process was violated, what remedy is available and what is the likely outcome?

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The candidate may seek a temporary restraining order to prevent cancellation, but no reinstatement is possible once cancellation is made. If due process is violated, the remedy is to file a civil action for damages against COMELEC. The controlling rule is that COMELEC must observe due process by giving prior notice and opportunity to be heard before canceling or disqualifying a COC; a cancellation made without such notice or hearing is void ab initio; the remedy is reinstatement of the COC, with possible relief by a writ or mandamus to compel reinstate. COMELEC may cancel a COC immediately upon discovery of a disqualification, provided the candidate is given a hearing after cancellation; the remedy is to file a petition for certiorari to the Supreme Court.

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