This case has been cited 1 times or more.
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2002-04-16 |
MENDOZA, J. |
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| When the evidence of the alleged lack of residence qualification of a candidate for an elective position is weak or inconclusive and it clearly appears that the purpose of the law would not be thwarted by upholding the victor's right to the office, the will of the electorate should be respected.[27] For the purpose of election laws is to give effect to, rather than frustrate, the will of the voters.[28] To successfully challenge petitioner's disqualification, respondent must clearly demonstrate that petitioner's ineligibility is so patently antagonistic to constitutional and legal principles that overriding such ineligibility and thereby giving effect to the apparent will of the people would ultimately create greater prejudice to the very democratic institutions and juristic traditions that our Constitution and laws so zealously protect and promote.[29] Respondent failed to substantiate her claim that petitioner is ineligible to be mayor of Tubaran. | |||||