Election 1 Liner

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    ONE-LINERS

    Nolasco v COMELEC The law is clear that if a permanent vacancy occurs in the office

    of the governor or mayor, the vice governor or vice mayor concerned shall become thegovernor or mayor and the candidate who obtained the second highest number of votes,

    cannot be proclaimed winner in case the winning candidate is disqualified.

    People v San Juan, 22 SCRA 505 - The law is unequivocal on the guarantee of avoter's free access to the polling place and this right should not be violated because the

    exercise of suffrage is the bedrock of all republican institutions.

    Macalintal v Comelec, GR No !5"0!#, Jul$ #, 200#- In election laws, domicile and

    resident are interchangeably used, thus, an immigrant who executes an affidavit stating

    his intent to return to the hilippines is considered a resident of the hilippines as in thecase of an absentee voter.

    %&a v A'ano, 52 P(il #)0 - The election law states that to run for public office, onemust be a !qualified voter in his municipality," and "qualified elector therein, but to be a

    qualified voter, does not necessarily mean that a person must be a registered

    voter and it is sufficient for the candidate to possess all of the qualifications and none ofthe disqualifications, because registering does not confer the right but a condition

    precedent to the exercise of the right.

    A*'a$an-%out( v Comelec, #55 SCRA #!), Ma&c( 2+, 200! - The right of suffrage

    is not absolute because it is regulated by measures like voters registration which isregulated for the ultimate purpose of conducting honest, orderly and peaceful election

    and such regulation is provided in #ection $, %& $$( stating that no voters) registration

    shall be conducted within *+ days before the regular election.

    a'ataan Pa&t$ List Rep Palatino v Comelec, GR No !))+) . The law has

    determined the period for the -/0/ to make &00 the necessary preparations withrespect to the coming election and it grants the -/0/ the power to fix other periods

    and dates for pre1election activities only if the same cannot be reasonably held withinthe period provided by law.

    Romual/e v R1C, 22+ SCRA 0+ - To be a qualified as a registered voter, one must

    be a resident of the hilippines, and in election cases, the court treats domicile andresidence as synonymous terms and to acquire a new domicile by choice, there must

    basically be animus manendi coupled with animus non revertendi.

    Pun3utan v A'u'a*a&, # SCRA !, !2 4!"2 - 2here no election was in fact had as

    found by -/0/, it is not only 3ustified but it is its clear duty to stigmati4e the alleged

    returns as clearly spurious and manufactured and therefore bereft of any value,

    however, the question of inclusion or exclusion from the list of voters is properly 3udicial.

    6omino v Comelec, GR No !#0!5, Jul$ !, ! - The -/0/ has 3urisdiction

    over a petition to deny due course to or cancel certificate of candidacy because it is

    within the 3urisdiction of the -/0/ to determine whether false representations as to

    the material facts were made in the certificate of candidacy including the residence

    requirement and the factual findings of the trial court, and its resultant conclusions in

    the exclusion proceedings on matters other than the right to vote in the precinct within

    its territorial 3urisdiction are not conclusive upon the -/0/.

    7tutalum v Comelec, !)! SCRA ##5 - Irregularities as fraud, vote1buying and

    terrorism are proper grounds in an election contest but may not as a rule be invoked to

    declare a failure of election, and the subsequent annulment of the voting cannotretroactively and without due process result in nullifying accepted election returns in a

    previous election. Sa&an3ani v Comelec, ## SCRA #" - & barangay may officiallyexist on record and the fact that nobody resides in the place does not result in its

    automatic cessation as a unit of local government and the -/0/ has broad powers

    to ascertain the true results of an election by means available to it, thus, -/0/ does

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    not commit grave abuse of discretion grave in declaring a precinct as non1existent or

    declaring a barangay as ghost precinct after investigation.