Practice question
After a proper COC is received, a timely verified Section 78 petition is filed. COMELEC affords due notice and hearing, evaluates the evidence, and finds all legal elements for cancellation established. The respondent argues that the earlier ministerial duty to receive removes every later cancellation power. Which assessment is sound?
- The ministerial duty repeals Section 78
- Every accepted COC is immune from adjudication
- The receiving officer may privately overturn the tribunal without authority
- The duty to receive does not eliminate the distinct lawful power to decide and grant the established cancellation petition
- A receipt conclusively defeats all evidence
Legal references
- Batas Pambansa Blg. 881, Omnibus Election Code, Sections 76 and 78: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
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