Beruflich Dokumente
Kultur Dokumente
COMELEC
G.R. No. 163776 G.R. No. 167591 G.R. No. 121592
April 24, 2007 May 9, 2007 July 5, 1996
HELD: Here, Morales was elected for the term July In this case of fencing, actual knowledge by
The doctrine cannot be applied in this case 1, 1998 to June 30, 2001. He assumed the the "fence" of the fact that property received
because the disqualification of Cayat position. He served as mayor until June 30, is stolen displays the same degree of
became final and executory before the 2001. He was mayor for the entire period malicious deprivation of one's rightful
elections and hence, there is only one notwithstanding the Decision of the RTC in property as that which animated the
candidate to speak of. the electoral protest case filed by petitioner robbery or theft which, by their very nature,
Dee ousting him (respondent) as mayor. are crimes of moral turpitude. Hence Dela
The law expressly declares that a candidate Such circumstance does not constitute an Torre is disqualified from seeking public
disqualified by final judgment before an interruption in serving the full term. office.
election cannot be voted for, and votes cast
for him shall not be counted. As such, Whether as "caretaker" or "de facto" officer, With regard to his argument that he is
Palileng is the only candidate and the duly he exercises the powers and enjoys the under probation, the court ruled that the
elected mayor. prerequisites of the office which enables legal effect of probation is only to suspend
him "to stay on indefinitely". the execution of the sentence.
The doctrine will apply in Bayacsan’s favor,
regardless of his intervention in the present With regard to the person who will replace Dela Torre's conviction subsists and
case, if two conditions concur: (1) the Morales, it is a rule that the ineligibility of a remains totally unaffected notwithstanding
decision on Cayat’s disqualification candidate receiving majority votes does not the grant of probation. In fact, a judgment of
remained pending on election day, 10 May entitle the eligible candidate receiving the conviction in a criminal case ipso facto
2004, resulting in the presence of two next highest number of votes to be declared attains finality when the accused applies for
mayoralty candidates for Buguias, Benguet elected. A minority or defeated candidate probation, although it is not executory
in the elections; and (2) the decision on cannot be deemed elected to the office. pending resolution of the application for
Cayat’s disqualification became final only probation.
after the elections. Since his disqualification became final and
executory after the elections, the candidate
having the second highest number of votes
cannot assume the position. Hence, it is the
petitioner, the elected Vice Mayor Anthony
Dee who should be declared as the mayor.
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MERCADO V. MANZANO VALLES V. COMELEC COQUILLA V. COMELEC
G.R. No. 135083 G.R. No. 137000. G.R. No. 151914
May 26, 1999 August 9, 2000 July 31, 2002
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JUSTIMBASTE V. BALDERIAN KARE V. COMELEC BORJA V. COMELEC
G.R. No. 179413 G.R. No. 157526 G.R. No. 133495
November 28, 2008 April 28, 2004 September 3, 1998
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LOZANIDA V. COMELEC ADORMEO V. COMELEC LATASA V. COMELEC
G.R. No. 135150 G.R. No. 147927 G.R. No. 154829
July 28, 1999 February 4, 2002 December 10, 2003
AN ACT PROVIDING FOR THE PROCLAMATION OF A LONE CANDIDATE FOR ANY ELECTIVE OFFICE IN A SPECIAL ELECTION, AND FOR
OTHER PURPOSES
Section 4. Disqualification. – In addition to the disqualifications mentioned in Sec.s 12 and 68 of the Omnibus Election Code and Sec. 40 of Republic
Act No. 7160, otherwise known as the Local Government Code, whenever the evidence of guilt is strong, the following persons are disqualified to run in
a special election called to fill the vacancy in an elective office, to wit:
a) Any elective official who has resigned from his office by accepting an appointive office or for whatever reason which he previously
occupied but has caused to become vacant due to his resignation; and
b) Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates or actually causes, inflicts or produces
any violence, injury, punishment, torture, damage, loss or disadvantage to any person or persons aspiring to become a candidate or
that of the immediate member of his family, his honor or property that is meant to eliminate all other potential candidate.
Section 5. Prohibited acts, election offenses and penalties. – Any act of coercion, bribery, threat, harassment, intimidation, terrorism, or actually
causing, inflicting or producing violence, injury, punishment, torture, damage, loss or disadvantage to discourage any other person or persons from filing
a certificate of candidacy in order to eliminate all other potential candidate from running in a special election shall constitute as an election offense.
Violations of this provision shall be prosecuted and penalized in accordance with the provision of Sec. 264 of the Omnibus Election Code.
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE
KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized
and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. – The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual
disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in
this Act, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions,
subdivisions, and intermediaries, including government-owned or –controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. – The maximum penalties of the unlawful acts provided for in this Act shall be
imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and
employees.
Republic Act No. 9225 August 29, 2003
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title – this act shall be known as the "Citizenship Retention and Re-acquisition Act of 2003."
Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have
lost their Philippine citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their
naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance
to the Republic:
"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of the Republic of the
Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby
declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and
that I imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion."
Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship
upon taking the aforesaid oath.
Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-
acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines.
Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under this Act shall enjoy full civil and
political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:
(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of the Constitution,
Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and other existing laws;
(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of
any and all foreign citizenship before any public officer authorized to administer an oath;
(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its
duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the country
where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to
engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those
who:
(a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or
(b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are
naturalized citizens.
Section 6. Separability Clause - If any section or provision of this Act is held unconstitutional or invalid, any other section or provision not affected
thereby shall remain valid and effective.
Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Section 8. Effectivity Clause – This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or two (2) newspaper of
general circulation.
1987 CONSTITUTION (ART. X SEC.8)
Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such
official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.