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Question
Valerio Dizon, a candidate for Governor of the Province of Tulip, files a Certificate of Candidacy with the Commission on Elections (COMELEC), swearing that he has resided in Tulip Province for at least six months immediately preceding the election and that he has never been convicted of any crime. It later emerges that during the six-month period he actually resided in another province for five months and in a third province for one month, and he has a prior conviction for a crime involving moral turpitude, which he did not disclose. COMELEC cancels his CoC before proclamation. (a) Identify the controlling doctrine governing denial or cancellation of a CoC based on material misrepresentation and explain why misrepresentation is considered material. (b) Distinguish the effect of denial or cancellation of a CoC before proclamation versus after proclamation on the candidate’s eligibility and on the status of the seat. (c) Apply the doctrine to Valerio Dizon’s facts: Is COMELEC’s cancellation valid? What are the likely consequences for the candidate, the voters, and the election result, if any?