Gialogo & Associates - Election Bulletin

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03/09/2021

The COMELEC may set an earlier deadline for substitution due to withdrawal.

Unlike death or disqualification, withdrawal is voluntary. Generally, a candidate has sufficient time to ponder on his candidacy and to withdraw while the printing has not yet started. If a candidate withdraws after the printing, the name of the substitute candidate can no longer be accommodated in the ballot and a vote for the substitute will just be wasted.

Federico vs. COMELEC, G.R. No. 199612, January 22, 2013

23/03/2021

A law imposing a disqualification (from public office) cannot be applied retroactively.

A petition for disqualification of a candidate for councilor on the ground that he was previously removed from office by virtue of an administrative case must be dismissed because the law imposing such a disqualification cannot be applied retroactively. Section 40 (b) of the LGC provides that those removed from office as a result of an administrative case are disqualified from running for any elective local positions. The LGC was enacted on January 1, 1992; while, the candidate’s removal from office occurred on October 31, 1981. A statute, despite the generality in its language, must not be so construed as to overreach acts, events or matters that transpired before its passage.

GREGO v. COMELEC and BASCO, G.R. No. 125955 (June 19, 1997)

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