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A municipal mayor, Elena Cruz, of the Municipality of Poblacion is the subject of a recall petition filed by a coalition of registered voters from across Poblacion. The petition is signed by a substantial portion of the municipality’s registered voters and is filed with the Commission on Elections (COMELEC). The COMELEC declares the petition sufficient in form and substance and schedules a recall election. While the recall process proceeds, Mayor Cruz continues to discharge the duties of her office. (a) Who may initiate a recall petition and who has standing to file? (b) What is the controlling rule on petition sufficiency and the proper venue for filing, and the consequences if the petition is deemed insufficient? (c) If a majority of Poblacion voters vote to recall Mayor Cruz, what is the effect on her office, and who will assume the position, including how replacement is determined under the Local Government Code?

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Clara

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