Election Laws 2nd Placer Rule (2003) No Vil-n the municipal mayoraty elections in 1980, the. candidate who obtained tho highost ‘number of votes was subsequently deciared tc be disqualified as a candidate and so ineligible forthe office to which he was elected. Would ‘his fact entitle a competing candidate who cobiained the second highest number of votes to ask and to be proclaimed the winner of the ‘lective office? Reasons, ‘SUGGESTED ANSWER: ‘According to Trinidad v. COMELEC. 315 SCRA 175 [1909], if the candidato who obtained the highest number of votes is disqualified, the ‘candidate who obtained the second highest ‘number of votes cannot be proclaimed the winner. Since he was not the choice of the ‘people, fhe cannot claim any right tothe office, 2nd Placer Rule (1990) No 7- A filed a protest with the House Electoral Tribunal questioning the election of Bas ‘Member of the Houso of Representatives inthe 1967 national elections on the ground that B is not a resident of the district tho latter is representing, While the case was pending. B accepted an ad.inform appointment as Secretary of the Department of Justice (1), May A continue with his election protest in Order to determine the real winner in the said elections? State your reason 2) Can A, who got the second highest number Of voles in the elections, ask that he be brodamod elected i pace of B? Explain your SUGGESTED ANSWER: (1) No, Amay not continue with his protest, (2) No, A cannot ask that he be proclaimed lected in place of B. The votes cast for B were not invalid votes. Hence, A gamered only tho second highest number of votes. Only the Candidate who obtained the majonty or plurality of tho votos is entitled to be proclaimed olected. (On this round, it was hold in Labo. v COMELEC, 176 SCRA 1, that the fact that the Candidate who obtained the highest number of Votes is not eligible does not entitle. the Candidate who oblained the second. highest ‘number of votes fo be proclaimed the winner.2nd Placer Rule; Rule of Succession (1996) No. 131) Aand B wore the only candidatas for mayor of Bigaa, Bulacan in the May 1995, local elections. A obtained 10,000 votes as against 3,000 votes for B. In the same lections, X got the highest number of votes. ‘among the candidates for the Sangguniang Bayan of the same town. A died the day before his proclamation, ) Who should the Board of Canvassers pprociaim as elected mayor, A, B or X? Exolan, b) Who is ented to discharge the functions of the office of the mayor, B oF X? Explain, ‘SUGGESTED ANSWER: In accordanca with Benito vs. COMELEC, 235 ‘SCRA 436, its A who should be proclaimed as Winner, because he was the one who oblained tho highest number of votes for the position of ‘mayor, but a notation should be made that he died for the purpose of applying the rule on succession to office. B cannot be proclaimed, because the death of the candidate who ‘obtained the highest number of votes does not feniile the candidata who obtained the next highest number of votes to be proclaimed the Winner, sinc ho was not the choice of tho electorate. X is not entitled to be proclaimed flected as mayor, because ho ran for tho ‘Sangguniang Bayan Nother B nor X is ented to discharge the Runcions of the omice of mayor Bis not sntilod discharge the office of mayor. Under Section 44 ‘of the Local Government Code, itis the vice mayor who should succeed in case of permanent vacancy inthe office ofthe mayor. It fs only when the postion of the vice mayor is also. vacant that tho mombor of the ‘Sangguniang Bayan who obtainod_ the highost number of votes will succeed to the office of mayor ‘Appreciation of Ballots (1984) No. 3, Ifa candidate for town mayor is an ‘engineer by profession, should votos for him wilh the prefix “Engineer” be invalidated as “marked ballots"? SUGGESTED ANSWER: 3) No, @ ballot in which the name of a ‘candidate for town mayor who is an engineer which is prefived with “engineer” should not be invalidated as a marked ballot. Under Rule No. 12 of the rules for the appreciation of ballots, ‘ballots which contain such prefixes are valito discharge the office of mayor, since he was Disqualification; Grounds (1981) No. 11 - In connection with the May 1987, Congressional electons, Luis Millanes was prosecuted for and convicted of an election offense and was sentenced to suffer limpiisonment for sxx years. The court did not Impose the additonal penalty of disqualification to hold public office and of deprivation of the "ight of surfrage as provided for in Section 164 ff the Omnibus Election Code of the Philppinos (BP. Big. 881) In April 1991, the President granted him absolute pardon on the basis of a strong recommendation of the Board of Pardons and Parole. ‘Then for the election in May 1982, Luis Milanes files his cetitcate of candidacy forthe office of ‘Mayor in his municipality (©) Isa pettion to disqualify Milanes viable? (@) What are the effects of a pation to disqualify? ‘SUGGESTED ANSWER: (©) In accordance with Soc. 68 of the Omnibus Election Code, Luis Millanes may be disqualified from running for mayor as he was convicted of an election offense (@) Under Sec. 6 of the Electoral Reforms Law, ‘any eanaidate whe haz been declared by fal and he receives the winning number of votes, ‘the hearing on the question of disqualification ‘should continue. Upon motion of | the Complainant or any intervenor, the court or the COMELEC may order the suspension of the Proclamation of the winning candidate i the ‘evidence of his guitis song. Disualifications (1999) NoV-A2.— Under the Local Government Code, name four persons who are disqualiid {om funning for ay elective position. (2%) SUGGESTED ANSWER ‘AZ, Undor Section 40 of the Local Govomment Code, tho ‘following aro disqualfiod from runnitg for any local elective position 11), Those sentenced by final judgment for an offense involving moral tuipitude or for an ‘offense punishable by one (1) year or more Cf imprisonment, within two (2) years aftor Ssorving sentoncs, 2), Those removed from office as a result of an administrative case: 3) Those convicted, by final judgment for violating. the oath of vallagianee “10 the Republic ofthe Philipines: 4) Those with dual ettzonship; 5) Fugitives trom justice in criminal or non- politcal casos hore of abroad, 18) Permanent residonts ina foreign country or ‘those who have acquired tho nght to reside ‘abroad and continue to avai of the same Tight aftor the ffocivity of the Local ‘Government Code: andIt afore the elaction he ie not declared by final Judgment to be dlsqualited and he fe voted for Etfect of Filing of Certificate of Candidacy; Appointive Officer vs Elective Officer (2002) No Xill A, a City Legal Offcer, and B, a City ‘Vice-Mayor, fled cemficates of candidacy for {he postion of City Mayor in the May 14, 2001 elections. a) Was A ipso facto considered resigned and, if so, effective on what date? (2%) bb) Was B ipso facto considered resigned and, itso, effective on what date? (3%) In both cases, state tho roason or raasons for your answer ‘SUGGESTED ANSWER: |A) A was considered ipso facto resigned upon the fling of his certificate of candidacy, because being a City Legal Officer, he is an appointive official. Section 68 of the Omnibus Election Code provides that any person holding a public appointive office shall bo considorad ipso facto resigned upon the fling of his certificate of ‘candidacy, B) B is not considered ipso facto resigned. Section 67 of the Omnibus Election Code ‘considers any elective offical ipso. facto tesigned from office upon his fing of a certificate of candidacy for any office other than the one he is holding except for President and Vice-President, was repealed by the Fair Election Act 7) The insane or feebie-minded. () If Pedro Reyes were, instead, an incumbent Congressman of Quezon City, who intends to seek the mayoralty post in Quezon City, would your choice of answer in no.(1) above be the Samo? Ifnet, which would bo your choice? ‘SUGGESTED ANSWER: (@) The correct answer is (5). Soction 14 of tho Fair Election Act repealed Section 67 of the ‘Omnibus Election Code, which provided that any elected offical, whether natonal or local, \who runs for any office other than the one he ts hholding ina permanent capacity, except for President and Vice President, shall be Considered ipso facto resigned from his office upon the fling of his certificate of candidacy. Section 14 of the Fair Election Act likewise rendered ineffective the first proviso in the third paragraph of Section 11 of Republic Act No, 8436. Consequently, Pedro Reyes can run for Mayor without giving up his position as Vice-Mayor. He will have to ave up his postion as Vice-Mayor upon expiration of his torm as Vice-Mayor on June 30, 2004 (ote: The queston ad not ask the examinee {0 expla te reason for ns cave and the genera’ mseuctons requres suet ascusson Saytoa yes" or nov answer)Election Protest (1990) No. 7A filed a protest with the House Electoral Tribunal questioning the election of B as ‘Member of the House of Representatives inthe ‘1987 national elections on the ground that B 1s not a resident of the district the latter is representing. While tho case was pending. B accepted an _adinterim appointment as Secretary ofthe Department of Justice. (1). May A continue with his election protest in ‘order to determine the real winner in the said ‘elections? State your reason. SUGGESTED ANSWER: (1). No, Amay not continue with his protest. There is no dispute as to who was the winner in the election, as its not disputed that it was B ‘who obiained the majority. The purpose of the Protest is simply to Sook the removal of B from ‘fico on the ground that he is ineligbi, Howavor,B forfoited his claim tothe position of congressman by accepting an ad_ interim appointment as Secretary of Justice, the protest ‘against him has become moot. Noihing wil be ‘gained by resolving it In the case of Punsima v. co smut ae it ys euapaaran 9 agaane tere as be Eee eae ta hcie aca Election Protest vs. Quo Warranto (2001) No XVII - Under the Omnibus Election Code (BP. 861, as amended), briefly differentiate an ‘lection protest from a quo warranto caso, as to ‘who can file the case and the respective ‘grounds tharefor. (5%) SUGGESTED ANSWER; ‘An ELECTION PROTEST maybe filed by a losing candidate for the same office for which ‘the winner fled his certificate of candidacy. A QUO WARRANTO CASE may be fled by any voter who iS a registered voler in the constituency where the vanning candidate sought to be disqualited ran for office. In an election contast, the issues aro: (a) who received the majonty ‘or plurality of the voies which wore logally cast and (b) whethor ther ‘wor irregularities in the conduct ofthe election hich affected its results lina quo warranto case, the issue is whether the candidate who was proclaimed elected should be disqualified because of nelaibiity or ‘dsioyaly to the Philippines.Election Protest vs. Quo Warranto (05-2008) Differentiate an election protest trom an action for quo warranto. (2.5%) ‘SUGGESTED ANSWER: An ELECTION PROTEST is @ proceeding \whoreby a losing candidate for particular postion contests tho results of the election on grounds of fraud, terrorism, regularities or llogal acts cammitiad before, during oF aftr tho casting and counting of votes. On the other hand, a PETITION FOR QUO WARRANTO is filed ‘by any registered voler to contest the election of any candidate on grounds of ineligilty or dsloyally to the Republic of the Philippines. Election Protest; Jurisdiction (1996) No, 14: 1)_As counsel for the protestant, where will you ‘lean election protest involving a Contested elective postion in: Risa rate (8) ELECTION CONTESTS ‘An election protest is inated by filing protest ‘containing the folowing allegations. 1. The protestant is a candidate who duly fled 4 certificate of candidacy and was voted for in the election 2. The protestee has been proclaimed; and 3. The date of the proclamation, (Miro vs. COMELEC, 121 SCRA 465), ‘The following have jurisdiction over election contests: {) Barangay officals - Inferior Court, b) Municipal officals - Regional Thal Court, ©) Regional, provincial, and city officiats - COMELEC (Section 2(2), Art. IX-C of the Constitution), @) Congressman = House of, Representatives Electoral Tribunal '8) Senators - Senate Electoral Thbunal (Gocion 1. Ariclo VI of tho Constitution}: 1) President and Vice President = ‘Supreme Court (Section 4, Article Vil of the Constitution)Process; Ilterate Voters (1987) No. Xi: "A", while of legal age and of sound mnind, is literate. He has asked your advice on how he can vote in the coming election for his brother, who is running for mayor. This will be the fst time "A" will vole and he has never registered as a voter before. What advice will ‘you give him on the procedure he needs to follow in order to bo able to vote? SUGGESTED ANSWER: ‘The Constitution provides that until Congress shall have provided othorwiso, iiterato and ‘disabled voters shall be allowed fo vote under ‘existing laws and regulations (Art, V, Sec. 2). It is necessary for any qualified voter to register in ‘order to vote. (Omnibus Election Code, Sec. 1118) In the case of iliterate and disabled voters, their voters affidavit may be prepared by any relative within the fourth civil degree of consanguinty or affnity or by any member of the board of lection inspectors who shall prepare the affidavit in accordance with the data supplied by the applicant. (Id, sec. 127) Process; Principle of Idem Sonans (1984) No.3; 1} _ What is your understanding of the principle of idem sonans as applied in the Election Law? ‘SUGGESTED ANSWER: 41) Under Rule No. 7 of the rules for the appreciation of ballots in Section 211 of tho ‘Omnibus Election Code, the idem sonans rule means that a name or sumame incorectly \writen which, when read, has a sound simitar fo the name or sumname of a candidate when Correctly wniten shall be counted in his favor. Process; Stray Ballot (1994) No. 3;2) What is astray ballot"? SUGGESTED ANSWER: 2) Under Rule No. 19 of the rules for the appreciation of ballots in Section 211 of the (Omnibus Election Code, stray ballots one cast in favor of a porson’ who has not filed 2 cortficate of candidacy or in, favor of a‘Three-Term Limit Rule (2001) No XIX - In the May 1992 elections, Manuel Manaio and Segundo Parate were elected as Mayor and Vice Mayor, respectively. Upon the oath of Manalo as incumbent municipal mayor, View Mayor Sogundo Parate succoeded as ‘mayor and served for the remaining portion of the term of fice. In the May 1995 elacton, Prato ran for and won as mayor and then served for the full term, In the May 1998 lections, Parata ran for reelection as Mayor ‘and wori again. In the May 2001 electon, Segundo Parate fled his certificate of ‘candidacy for the same position of mayor, but his val mayoraly candidate sought his, disqualification alleging violation of the three- term limit fr local elective officals provided for in the Constitution and in the Local Government Code. Decide whether the disqualification case will ‘prosper or not (5%) ‘SUGGESTED ANSWER: ‘The disqualification case should be dismissed ‘As held in Borja vs. COMELEC, 295 SCRA157 yee-term limitation present himself. Although the Code does not ‘rovide for stray ballot, its presumed that stray ballot refers to stray vote,Imposed upon electve local omcias, ony tne ‘erm for which he was elected to should be ‘considered. The term which he served as a ‘esul of succession should not be included. tis ‘hot enough that the official has served three ‘consecutive terms. He must have been elected to the same position three consecutive tmes.