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All Jurisprudence based

0 tracked cards Political and Public International Law

A candidate for city mayor, LUCAS SANTOS, files a Certificate of Candidacy (COC) within the permitted filing period. COMELEC accepts the COC after verifying that it conforms with formal requirements. A private background report later alleges the candidate does not meet residency requirements. Without giving any prior notice or opportunity to be heard, COMELEC cancels the COC. The candidate challenges the cancellation as a violation of due process. Which statement best states the controlling rule on COMELEC’s duty to observe due process before canceling or disqualifying a candidate’s COC, and why is the likely outcome in this case?

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If COMELEC cancels a COC, the remedy is automatic reinstatement of the COC at the next election cycle, regardless of ensuing proceedings. COMELEC must observe due process before canceling or disqualifying a COC, which includes proper notice and an opportunity to be heard; cancellation without prior notice is void; the appropriate remedy is to seek judicial relief (e.g., a petition for certiorari) and/or injunctive relief to reinstate the COC. A candidate must exhaust internal remedies with COMELEC before seeking court relief, and only then may the action be brought; until exhausted, no judicial remedy lies. The controlling rule is that COMELEC’s cancellation of a COC is reviewable only after a formal disqualification case is filed in the Commission on Elections, with no immediate judicial relief available.

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