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All Jurisprudence based

0 tracked cards Political and Public International Law

In the Province of Bayani, the gubernatorial election could not yield a proclaimed winner because a coordinated cyberattack and massive power outage disrupted canvassing in several municipalities, preventing a complete canvass and proclamation. The Commission on Elections declares a "failure of election" for the province and issues a resolution calling a special provincial election to be held within six months. (a) State the controlling doctrine on "failure of election" and the authority to call a special election. (b) Explain the effect of the failure of election on the vacancy and the term of the governor until the winner of the special election is proclaimed. (c) Distinguish this remedy from vacancies caused by death or removal of the incumbent.

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In a failure of election, the vacancy is permanent and the province cannot hold any special election; the seat remains vacant until the next regular electoral cycle; no one acts as governor. Failure of election is a recognized remedy when canvassing cannot be completed and no proclamation can be made; the Commission on Elections (COMELEC) has the authority to declare failure of election and to order a special provincial election to be held within six months; the failure creates a vacancy in the office, but the incumbent governor’s term continues until the winner of the special election is proclaimed; this remedy is distinct from vacancies caused by death or removal of the incumbent, which create a permanent vacancy that is filled by succession or appointment rather than a new election. The six-month deadline for the special election is absolute; if not completed within six months, the Governor's term ends and a caretaker is appointed by the Governor's own agency. The authority to call a special election lies with the President after consultation with the COMELEC, and the vacancy is immediately filled by the Vice-Governor acting as Governor; the six-month period is only for elections, not terms.

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