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All Jurisprudence based

0 tracked cards Political and Public International Law

Victorine Dizon, a natural-born Filipino citizen, registered voter in Davao City, seeks to file her candidacy for Senator in the May 2028 national elections. She left the Philippines in 2008 to study and work abroad and has not resided in the Philippines for more than four months immediately preceding the May 2028 election, having returned in January 2028 and established residence in Davao City in February 2028. She has resided in the Philippines for only four months immediately preceding the election. (a) State the constitutional rule on residency for Senatorial candidacy and what it requires. (b) Apply this rule to Victorine's facts and determine whether she is eligible to run. (c) If she is not eligible, explain the legal consequences and possible remedies for her and her party.

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Not eligible due to failure to meet the minimum age requirement for Senators (35 years old); Victorine is younger than 35. Not eligible due to having acquired foreign citizenship; Victorine has not indicated any declaration of retention or reacquisition of Philippine citizenship. Eligible. The nine-year residency requirement can be satisfied by the total time spent living abroad if the candidate remains a Filipino citizen and intends to return; Victorine’s time abroad does not affect eligibility. Not eligible. The Senatorial residency requirement requires nine years of actual residence in the Philippines immediately preceding the election; Victorine has only four months in that period, so she is ineligible. If disqualified, her party may substitute another candidate to fill the slate, subject to election rules.

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