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Petition Comelec Ul

The petitioner is filing a petition to deny due course or cancel the certificate of candidacy of the respondent for the position of Punong Barangay. The petitioner argues that the respondent's certificate of candidacy was not properly sworn before a notary public since the notary public in question did not yet have a valid notarial commission at the time. As such, the respondent should be deemed ineligible for elective office according to the Omnibus Election Code. The petitioner requests that after notice and hearing, the respondent's certificate of candidacy be cancelled or denied due course, with other appropriate reliefs.

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134 views5 pages

Petition Comelec Ul

The petitioner is filing a petition to deny due course or cancel the certificate of candidacy of the respondent for the position of Punong Barangay. The petitioner argues that the respondent's certificate of candidacy was not properly sworn before a notary public since the notary public in question did not yet have a valid notarial commission at the time. As such, the respondent should be deemed ineligible for elective office according to the Omnibus Election Code. The petitioner requests that after notice and hearing, the respondent's certificate of candidacy be cancelled or denied due course, with other appropriate reliefs.

Uploaded by

totoi mataban
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

OFFICE OF THE CLERK OF THE COMMISSION


COMMISSION ON ELECTIONS
MANILA

IN THE MATTER OF THE PETITION


TO DENY DUE COURSE OR TO
CANCEL CERTIFICATE OF
CANDIDACY FOR PUNONG
BARANGAY
  
___________________________,
Petitioner,
 
- versus - CASE NO. ______________
 
___________________________,
Respondent.

X-----------------------------X

PETITION

COMES NOW THE PETITIONER AND UNTO THE HONORABLE


COMMISSION, MOST RESPECTFULLY STATES:

1. That the petitioner is married, Filipino and a resident of Barangay


_____________________________.

2. That the respondent is married, Filipino citizen and a resident of


Barangay _____________________________, where he may be served with
summons and other processes of the Honorable Commission.

3. That the correct information regarding the parties are as follows:

PETITIONER RESPONDENT
ADDRESS ________________________ __________________________
PHONE ________________ UNKNOWN
NUMBER
FACSIMILE NOT AVAILABLE UNKNOWN
EMAIL [email protected] UNKNOWN

Page | 1
4. That the parties both filed their CERTIFICATES OF CANDIDACY for
the position of PUNONG BARANGAY of BARANGAY
_____________________________.

The original copy of the CERTIFICATE OF CANDIDACY of the petitioner


is hereto attached as ANNEX A while the certified true xerox copy of the
CERTIFICATE OF CANDIDACY of the respondent is hereto attached as
ANNEX B.

5. That the Certificate of Candidacy of the petitioner was subscribed and


sworn to be before ATTY. ______________________________ April 14, 2018 in
_____________________________ and the photocopy of his NOTARIAL
COMMISSION is hereto attached as ANNEX C.

6. That the Certificate of Candidacy of the respondent was subscribed and


sworn to before ATTY. _____________________________ on April 18, 2018 in
_____________________________.

7. That the APPLICATION FOR APPOINTMENT AS NOTARY


PUBLIC of Atty. _____________________________ is STILL PENDING as of
APRIL 18, 2018 and the CERTIFICATION issued by the Office of the Clerk of
Court, Regional Trial Court, _____________________________ is hereto attached
as ANNEX D.

8. That SECTION 41 of EXECUTIVE ORDER 292 [Administrative Code


of 1987] states that:

Section 41. Officers Authorized to Administer Oath. -

(1) The following officers have general authority to administer oath:


Notaries public, members of the judiciary, clerks of courts, the Secretary
of the either House of the Congress of the Philippines, of departments,
bureau directors, registers of deeds, provincial governors and lieutenant-
governors, city mayors, municipal mayors and any other officer in the
service of the government of the Philippines whose appointment is vested
in the President.

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(2) Oaths may also be administered by any officer whose duties, as
defined by law or regulation, require presentation to him of any
statement under oath.
9. That SECTION 73 of the OMNIBUS ELECTION CODE provides:

Sec. 73. Certificate of candidacy. - No person shall be eligible for any


elective public office unless he files a sworn certificate of candidacy within
the period fixed herein.

A person who has filed a certificate of candidacy may, prior to the


election, withdraw the same by submitting to the office concerned a written
declaration under oath.

No person shall be eligible for more than one office to be filled in the
same election, and if he files his certificate of candidacy for more than one
office, he shall not be eligible for any of them. However, before the
expiration of the period for the filing of certificates of candidacy, the
person who was filed more than one certificate of candidacy may declare
under oath the office for which he desires to be eligible and cancel the
certificate of candidacy for the other office or offices.

The filing or withdrawal of a certificate of candidacy shall not affect


whatever civil, criminal or administrative liabilities which a candidate may
have incurred. 

10. That considering that Atty. _____________________________ is not


authorized to administer oath as of April 18, 2018, the respondent is deemed to
have not filed a sworn certificate of candidacy and therefore not eligible for any
elective office, particularly for the position of Punong Barangay of Barangay
_____________________________ on the May14, 2018 Barangay and San
Sangguniang Kabataan Elections.

PRAYER

WHEREFORE, PREMISES CONSIDERED, IT IS MOST


RESPECTFULLY PRAYED UNTO THE HONORABLE COMMISSION THAT,
AFTER DUE NOTICE AND HEARING, THE CERTIFICATE OF CANDIDACY
OF _____________________________ BE CANCELLED OR DENIED DUE
COURSE.

Other reliefs, just and equitable in the premises are likewise prayed for.

_____________________________ for Manila, April 25, 2018.


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_____________________________
PETITIONER
_____________________________

VERIFICATION AND CERTIFICATION OF


NON-FORUM SHOPPING

I, _____________________________ married, Filipino and a resident of


_____________________________, after having been duly sworn in accordance
with law, depose and state that:

I am the petitioner in the above-stated case; I caused the preparation of the


foregoing petition; I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession; I have not commenced any other action
or proceeding involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency; to the best of my knowledge and belief,
no such action or proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency and if I should thereafter learn that a
similar action or proceeding has been filed or is pending before the Supreme Court,
the Court of Appeals, or any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.

IN WITNESS HEREOF, I have hereunto set my hand this 25 th day of April,


2018 in _____________________________.
 

_____________________________
PETITIONER/AFFIANT
I.D. NO. ___________

SUBSCRIBED AND SWORN to before me this 25 th day of April, 2018 in


_____________________________ and the person above-named is the same
person who signed the VERIFICATION/CERTIFICATION in my presence and
within my jurisdiction and who avowed to the truth of its contents under penalty of
law.
.

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2018.

Page | 4
REPUBLIC OF THE PHILIPPINES)
_____________________________)S.S.

AFFIDAVIT OF SERVICE

I, _____________________________, married, Filipino and a resident of


_____________________________, after having been duly sworn in accordance
with law, depose and state that:

That on APRIL 25, 2018, I served a copy of the PETITION TO DENY


DUE COURSE TO OR CANCEL CERTIFICATE OF CANDIDACY by
REGISTERED MAIL to:

_____________________________
_____________________________
_____________________________

by depositing a copy thereof, in the post office of


____________________________as evidenced by Registry Receipt No. ____heret
o attached after the name of the addressee and with instructions to the postmaster
to return the mail to the sender after ten (10) days if undelivered.

IN WITNESS HEREOF, I have hereunto set my hand this 25 th day of April,


2018 in _____________________________.
 

_____________________________
PETITIONER/AFFIANT
I.D. NO. ___________

SUBSCRIBED AND SWORN to before me this 25 th day of April, 2018 in


Bayambang, Pangasinan and the person above-named is the same person who
signed the AFFIDAVIT OF SERVICE in my presence and within my jurisdiction
and who avowed to the truth of its contents under penalty of law.
.

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2018.

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