Practice question
An official party candidate with a valid COC is lawfully disqualified under Section 68 for prohibited campaign conduct. The COC has not been cancelled under Section 78. A qualified member of the same party is duly certified and files a proper substitute COC within all applicable periods; every other condition is met. A rival says Talaga makes every disqualification identical to COC cancellation. Which answer is best?
- Talaga distinguishes disqualification of a valid candidate from cancellation; the stated disqualification does not itself defeat the otherwise compliant substitution
- Every disqualification necessarily means no COC ever existed
- Party membership is irrelevant to the replacement
- The replacement wins the election automatically upon filing
- The rival's description overrides the actual legal ground
Legal references
- Batas Pambansa Blg. 881, Omnibus Election Code, Sections 70 and 77: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
- Talaga v. COMELEC, G.R. Nos. 196804 and 197015, October 9, 2012, main decision, valid original candidacy and substitution: https://lawphil.net/judjuris/juri2012/oct2012/gr_196804_2012.html
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