Practice question
Party A's valid official candidate dies. Party A wishes to replace her with a member of Party B whom it had previously supported as a guest candidate. The proposed replacement never became a Party A member. All timing conditions are met. Party A argues that political support and a new certification alone necessarily satisfy Section 77. What is the defect?
- Guest support always creates membership in every supporting party
- Timely filing removes every party requirement
- Kinship would automatically cure any party defect
- The proposed substitute does not belong to the same party; guest support is not membership
- The death permanently prohibits Party A from nominating any qualified substitute
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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