All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ X. ELECTION LAW ▸ F. Remedies ▸ 1. Pre-election ▸ b. Petition Not to Give Due Course or Cancel Certificates of Candidacy - B.P. Blg. 881, sec. 78

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Pre-election Petition: Cancellation of Certificate of Candidacy

In the upcoming election, a concerned citizen filed a petition seeking the cancellation of the certificate of candidacy of a candidate for mayor in a municipality. The petitioner alleges that the candidate lacks the necessary residency requirement based on records showing that the candidate only moved to the municipality six months ago. The candidate, on the other hand, presents evidence of previous visits to the municipality and claims that they have established their residency.

Discuss whether the petitioner has sufficient grounds to file a petition for the cancellation of the candidate's certificate of candidacy based on the residency requirement. Support your answer with relevant provisions of Batas Pambansa Blg. 881, specifically Section 78.

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