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    Go vs. Comelec 357 SCRA 739, 2001 Facts:: Manuel F. Alameda

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    Jennica Gyrl Delfin
    Petitioner filed certificates of candidacy for mayor of Baybay, Leyte and governor of Leyte on February 27 and 28, 2001 respectively. She attempted to withdraw her mayoral candidacy by filing an affidavit with the provincial election supervisor, but it was refused. Private respondents filed petitions to disqualify petitioner from both positions. The COMELEC granted the petitions and disqualified petitioner. The Supreme Court held that the affidavit of withdrawal does not need to be filed with the same office where the certificate of candidacy was filed, as the OEC does not mandate this. It can be filed with the COMELEC or relevant election offices. The requirement in the COMELEC resolution for filing with the same

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    Go vs. Comelec 357 SCRA 739, 2001 Facts:: Manuel F. Alameda

    Uploaded by

    Jennica Gyrl Delfin
    24 views1 page
    Petitioner filed certificates of candidacy for mayor of Baybay, Leyte and governor of Leyte on February 27 and 28, 2001 respectively. She attempted to withdraw her mayoral candidacy by filing an affidavit with the provincial election supervisor, but it was refused. Private respondents filed petitions to disqualify petitioner from both positions. The COMELEC granted the petitions and disqualified petitioner. The Supreme Court held that the affidavit of withdrawal does not need to be filed with the same office where the certificate of candidacy was filed, as the OEC does not mandate this. It can be filed with the COMELEC or relevant election offices. The requirement in the COMELEC resolution for filing with the same

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    Go-vs-COMELEC

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    Petitioner filed certificates of candidacy for mayor of Baybay, Leyte and governor of Leyte on February 27 and 28, 2001 respectively. She attempted to withdraw her mayoral candidacy by filing an affidavit with the provincial election supervisor, but it was refused. Private respondents filed petitions to disqualify petitioner from both positions. The COMELEC granted the petitions and disqualified petitioner. The Supreme Court held that the affidavit of withdrawal does not need to be filed with the same office where the certificate of candidacy was filed, as the OEC does not mandate this. It can be filed with the COMELEC or relevant election offices. The requirement in the COMELEC resolution for filing with the same

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views1 page

    Go vs. Comelec 357 SCRA 739, 2001 Facts:: Manuel F. Alameda

    Uploaded by

    Jennica Gyrl Delfin
    Petitioner filed certificates of candidacy for mayor of Baybay, Leyte and governor of Leyte on February 27 and 28, 2001 respectively. She attempted to withdraw her mayoral candidacy by filing an affidavit with the provincial election supervisor, but it was refused. Private respondents filed petitions to disqualify petitioner from both positions. The COMELEC granted the petitions and disqualified petitioner. The Supreme Court held that the affidavit of withdrawal does not need to be filed with the same office where the certificate of candidacy was filed, as the OEC does not mandate this. It can be filed with the COMELEC or relevant election offices. The requirement in the COMELEC resolution for filing with the same

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    Manuel F.

    Alameda

    GO vs. COMELEC
    357 SCRA 739, 2001

    Facts: 
    Petitioner was the incumbent representative of the Fifth District, province of Leyte when she filed on February 27,
    2001 with the municipal election officer of the municipality of Baybay, Leyte, a certificate of candidacy for mayor
    of the said municipality. 

    On February 28, 2001, at 11:47 p.m., petitioner filed with the provincial election supervisor of Leyte, with office at
    Tacloban City, another certificate of candidacy for governor. Simultaneously therewith, she attempted to file with
    the provincial election supervisor an affidavit of withdrawal of her candidacy for mayor. However, the provincial
    election supervisor refused to accept the affidavit of withdrawal and suggested that, pursuant to COMELEC
    Resolution No. 3253-A, she should file it with the municipal election officer of Baybay, Leyte where she filed her
    certificate of candidacy for mayor. 

    Private respondents filed similar petitions to disqualify petitioner on the ground that petitioner filed certificates of
    candidacy for two positions, namely, that for mayor, and that for governor, thus, making her ineligible for both. 

    The COMELEC granted the petition and disqualified the petitioner from running for both position. 

    Issue:
     Whether or not an affidavit of withdrawal of candidacy should be filed with the election officer of the place where
    the certificate of candidacy was filed.

    Held:
     No. There is nothing in Section 73 of the Omnibus Election Code which mandates that the affidavit of withdrawal
    must be filed with the same office where the certificate of candidacy to be withdrawn was filed. Thus, it can be filed
    directly with the main office of the COMELEC, the office of the regional election director concerned, the office of
    the provincial election supervisor of the province to which the municipality involved belongs, or the office of the
    municipal election officer of the said municipality. While it may be true that Section 12 of COMELEC Resolution
    No. 3253-A requires that the withdrawal be filed before the election officer of the place where the certificate of
    candidacy was filed, such requirement is merely directory, and is intended for convenience.

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