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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Political and Public International Law

A candidate for governor of Province X, MARIA SANTOS, files a Certificate of Candidacy (COC) within the permitted filing period. COMELEC accepts the COC after verifying that it complies with all formal requirements. Within days, COMELEC cancels the COC on grounds of alleged disqualifications arising from a private NGO’s report claiming she does not meet the residency requirement. 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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Habeas data is the appropriate remedy to protect the candidate’s information and challenge the cancellation. The controlling rule is that COMELEC must observe due process by giving prior notice and an opportunity to be heard before cancelling or disqualifying a COC; cancellation without due process is void; remedy: a petition for certiorari or prohibition to annul the action and reinstate the COC; likely outcome: reinstatement of the COC. Initial remedy for lack of due process is a motion for reconsideration with COMELEC; if denied, certiorari or prohibition is proper. Due process is satisfied if the candidate is allowed to respond in writing within 24 hours after cancellation; remedy: none.

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