Practice question
An original aspirant's COC is finally denied due course and cancelled under Section 78. A party proposes another person as a substitute, relying only on the fact that the cancelled aspirant once filed a document. Under Talaga, which answer is correct?
- Every filed document guarantees a valid original candidacy forever
- Cancellation under Section 78 is identical in every respect to disqualification of a valid candidate
- A cancelled COC supplies no valid original candidacy for the asserted Section 77 substitution
- The substitute need not file any COC
- Receipt of the original document repeals Section 78
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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