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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWX. ELECTION LAWD. Candidacy2. Ministerial Duty of Comelec to Receive Certificates of Candidacy - B.P. Blg. 881, sec. 76

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Question

The given Subject: Candidacy

Scenario:

John is running for a local government position in the upcoming elections. He properly filed his Certificate of Candidacy (COC) with the Commission on Elections (COMELEC). However, upon submission, the receiving officer refused to accept John's COC, citing a provision in the law. The officer claimed that the COC was incomplete and did not comply with the requirements outlined in B.P. Blg. 881, Sec. 76, which pertains to the ministerial duty of the COMELEC to receive Certificates of Candidacy.

Question:

Was the refusal of the receiving officer to accept John's COC valid? Discuss the ministerial duty of the COMELEC and the requirements set forth in B.P. Blg. 881, Sec. 76 for accepting Certificates of Candidacy.


Answer

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