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Question

D. Candidacy: Ministerial Duty of Comelec to Receive Certificates of Candidacy - B.P. Blg. 881, sec. 76

An aspiring candidate for a local government position filed his Certificate of Candidacy (COC) with the Commission on Elections (COMELEC) on the last day of the filing period. However, the COMELEC refused to accept the COC and claimed that it was incomplete because the candidate failed to submit certain required documents.

1. As the legal advisor of the candidate, what remedy or action can you undertake to address the refusal of the COMELEC to accept the COC? Discuss the relevant provisions of B.P. Blg. 881, specifically section 76, and the remedies available to the candidate.

2. Suppose the candidate managed to secure all the necessary documents and submitted them to the COMELEC after the deadline for filing COCs, but before the final determination of the official list of candidates. Can the COMELEC still accept the candidate's COC? Support your answer with relevant provisions of B.P. Blg. 881.

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Answer