FINAL EXAMINATIONS

ELECTION LAWS

ATTY. PAUL P.SAGAYO JR.

October 16, 2010

I.

a. The decision of the commission on Elections relative to an electoral protest may be the subject of an
execution pending appeal. What is the rationale why such decision may be executed pending appeal?
(5%)

b. In what instances may the COMELEC declare failure of elections? (5%)

II.

Johnny, a City Legal Officer, and Bjorn, a City Vice- Mayor, filed certificates of candidacy for the position
of City Mayor in the May 14, 2001 elections.

a. Was Johnny ipso facto considered resigned and, if so, effective on what date?(5%)

b. Was Bjorn ipso facto considered resigned and, if so, effective on what date?(5%)

In both cases, state the reason or reasons for your answer.

III.

a. Under the Local Government Code, name five persons who are disqualified from running for any
elective position. (5%)

b. On March 27, 2006, Lucio was convicted by final judgment of violation of RA 4200, or the “Anti-
Wiretapping Law”. Immediately, Lucio applied for probation under the Probation Law. After the
termination of his probation, he returned to his hometown in Porac, Pampanga. Forsome reason, Lucio
was immensely popular in his Barangay that he was being urged to run for election as Barangay Captain.
However, he has serious doubts as to his qualification because he is aware that he was previously
convicted of a crime.

Lucio approaches you for your legal advice. What advice, if any, will you give him? (10%)

IV.

Is dual citizenship a ground for disqualification of a mayoralty candidate under the Local Government
Code? (5%)

V.

Edwin Reyes, born in the Philippines of Filipino parents and raised in the province of Nueva Vizcaya, ran
for Governor of his home province. He won and he was sworn into office. It was recently revealed,
however, that Edwin is a naturalized Australian citizen.
a. Does he still possess Philippine citizenship? (5%)

b. If the second-placer in the gubernatorial elections files a quo warranto suit against Edwin and he isd
found to be disqualified from office, can the second-placer be sworn into office as Governor?(5%)

c. If, instead, Edwin has been born (of the same set of parents) in Australia and he thereby acquired
Australian citizenship by birth, would you answer be different? (5%)

VI.

What is the function of the Senate Electoral Tribunal and the House of Representatives Electoral
Tribunal? What is the composition of each?(5%)

VII.

A commissioner of the COMELEC is charged before the Sandiganbayan for allegedly tolerating violation
of the election laws against the proliferation of prohibited billboards and election propaganda with the
end in view of removing him from office. Will the action prosper? (5%)

VIII.

a. In the recent case of Roque v. Comelec, the Supreme Court discussed the issue on the necessity of
pilot-testing the PCOS Machines in the recent 2010 elections; that is, to test the PCOS Machines before
being used in the said elections. Brielfy explain the rationale, why pilot-testing is not an “absolute must”
for the machines’ use in the 2010 national/local elections”? (5%)

b. In the same case, petitioners contend that the Comelec- Smartmatic-TIM Corporation automation
contract is null and void for being in violation of the Constitution because “ it constitutes a wholesales
abdication of the poll body’s constitutional mandate for election law enforcement”, as well as “ the
mechanism of the PCOS machines would infringe the constitutional right of the people to the secrecy of
the ballot which, according to the petitioners, is provided in Sec.2, Art. V of the Constitution. “ Rule on
their contentions. (5%)

IX.

a. What is election Sabotage? Enumerate five instances how election Sabotage is committed. (5%)

b. Can an illiterate who is of sound mind and of age register as a voter? Explain. (5%)

c. May an off-duty police officer who was caught with firearms in a COMELEC- PNP Checkpoint raise the
defense of “good faith” in court for violation of the election Gun Ban? (5%)

X.

In connection with the use of manual counting in the coming October 25,2010 Barangay Elections,
explain at least five rules for ballot appreciation under Section 21 of the Omnibus Election Code. (5%)

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