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February 15, 1993

PART V
PARTICULAR ACTIONS OR PROCEEDINGS

B. SPECIAL ACTIONS

Rule 24
Proceedings Against Nuisance Candidates



Section Guide

     Sec. 1. Grounds

     Sec. 2. Who may file petition to declare a candidate as nuisance candidate

     Sec. 3. Period to file the petition

     Sec. 4. Summary proceeding

     Sec. 5. Delegation of reception of evidence
 

Section Details

      Section 1. Grounds. - Any candidate for any elective office who filed his certificate of candidacy to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or who by other acts or circumstances is clearly demonstrated to have no bona fide intention to run for the office for which the certificate of candidacy has been filed, thus preventing a faithful determination of the true will of the electorate, may be declared a nuisance candidate and his certificate of candidacy may be denied due course or may be cancelled.

      Sec. 2. Who May File Petition to Declare a Candidate as Nuisance Candidate.- Any registered candidate for the same elective office may file with the Law Department of the Commission a petition to declare a candidate as a nuisance candidate. The Commission may, at any time before the election, motu proprio refuse to give due course to or cancel a Certificate of Candidacy of any candidate on any of the grounds enumerated under Section 1 of this Rule or when the substitute Certificate of Candidacy is not a proper case of substitution under Section 77 of the Omnibus Election Code.

      Sec. 3. Period to File the Petition. - The petition shall be filed personally or through an authorized representative, within five (5) days from the last day for the filing of certificates of candidacy.

      Sec. 4. Summary Proceeding. - The petition shall be heard summarily after due notice.

      Sec. 5. Delegation of Reception of Evidence. - The hearing and reception of evidence may be delegated in like manner as provided in Sec. 4 of the preceding Rule.
 

Rule 23 RULES OF PROCEDURE

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Rule 25