A.I. Powered: Philippine Bar Reviewer

Question

Subject: Candidacy

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

Question:

Scenario: John, a registered voter, decides to run as a candidate for councilor in the upcoming local elections. He duly accomplishes his Certificate of Candidacy (COC), ensuring that all the required information and attachments are complete. On the last day of the filing period, John goes to the local Comelec office to submit his COC.

Suddenly, the receiving clerk of the Comelec office informs John that they are not accepting COCs for councilor positions anymore due to an oversight in the filing schedule. The clerk insists that they can no longer receive John's COC.

Based on the Ministerial Duty of the Comelec to Receive Certificates of Candidacy under B.P. Blg. 881, sec. 76:

1. Was the Comelec clerk correct in refusing to accept John's COC? Explain.
2. What remedies, if any, are available to John if he believes that his COC should have been accepted by the Comelec?

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Answer