Rules of Court Republic Act No. 9006 (The Fair Election Act) Batas Pambansa Blg. 881 (The Omnibus Election Code)

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Before the Court are two petitions under Rule 65 of the Rules of Court, as amended, seeking to declare

as unconstitutional Section 14 of Republic Act No. 9006 (The Fair Election Act), insofar as it expressly
repeals Section 67 of Batas Pambansa Blg. 881 (The Omnibus Election Code) which
provides:chanroblesvirtuallawlibrary
chan robles virtual law library

Sec. 67. Candidates holding elective office.- Any elective official, whether national or local, running for
any office other than the one which he is holding in a permanent capacity, except for President and
Vice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate of
candidacy. chan robles virtual law library

chan robles virtual law library


The petition for certiorari and prohibition in G.R. No. 147387 was filed by Rodolfo C. Fariñas, Manuel M.
Garcia, Francis G. Escudero and Agapito A. Aquino. At the time of filing of the petition, the petitioners
were members of the minority bloc in the House of Representatives. Impleaded as respondents are: the
Executive Secretary, then Speaker of the House of Representatives Feliciano R. Belmonte, Jr., the
Commission on Elections, the Secretary of the Department of the Interior and Local Government, (DILG),
the Secretary of the Senate and the Secretary General of the House of Representatives. chan robles
virtual law library

The petition for prohibition in G.R. No. 152161 was filed by Gerry A. Salapuddin, then also a member of
the House of Representatives. Impleaded as respondent is the COMELEC.

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