Lyceum of the Philippines

College of Law

Election Law Atty. George Erwin M. Garcia

Saturday; 10:00am-12nn

FINAL EXAMINATION

Direction: Be brief and definite in your answers

I.

a.) What differentiates a Petition to Deny Due Course and/or Cancel

Certificate of Candidacy from a Petition for Disqualification of a
candidate? Explain.

b.) When is a person already considered a candidate for a public office?

Explain.

c.) In election law parlance and in accordance with pertinent

jurisprudence, what is meant by “material misrepresentation” in the
certificate of candidacy? Explain.

II.

a.) Can there be a valid substitution of candidate even on election day?

Explain.

b.) If a person files his candidacy for an elective position as an

independent candidate, can he be substituted in case of death,
disqualification or incapacity? Explain.

c.) If a person is already a candidate for an office, can he withdraw his

candidacy in substitution of another candidate for another office?
Explain.

III.

a.) What is the effect/consequence if a candidate for a public office has a

pending disqualification case which was not decided before the
election but which was eventually elected? Explain.
 b.) If a candidate for a public office is disqualified, can he be substituted?
Explain.

c.) Can a second placer in an election assume office if the eventual winner
who has a pending disqualification case was disqualified after
proclamation? Explain.

d.) Will you answer be the same if the disqualification case was resolved
before the election? Explain.

IV.

Narciso Lagingpanalo ran and was elected Barangay Chairman of

Barangay Biking Biking Dawis, Bohol in the Barangay Elections of 1994.
Afterwards, he ran for reelection in the subsequent 1997 election and again
emerged victorious. To complete the projects that he had started, he made
himself available during the 2002 election for the same office. The electorate
once again supported him and hence, he won. In May 2004, while sitting as
the incumbent Punong Barangay, he decided to file his candidacy for
Municipal Councilor and become successful by winning the same. He served
the full term of the Sangguniang Bayan position until June 30, 2007.
Thereafter he filed his certificate of candidacy to his old post of Punong
Barangay in the October 29, 2007 Barangay and Sangguniang Kabataan
Elections. His opponent Rey Angeles Inggitero filed before the COMELEC a
petition for disqualification of Lagingpanalo as candidate on the ground that
he had already served the three-term limit. Resolved.

V.

a.) How do you differentiate electoral sabotage from an election offense?

Explain.

b.) Is premature campaigning an election offense under the present

jurisprudence? Explain.

c.) Is the commission of an election offense a ground for disqualification of

candidate? Explain.

d.) Will election to the office extinguish liability for an election offense?

VI.
 Is there a failure of elections in the following instances: (Explain your
answer)

a.) after the firing of guns, voting resumed.

b.) there was ballot box-snatching

c.) ballots were filled up with the name of a candidate

d.) ballots were not signed at the back by the members of the board of
election inspectors
e.) massive substitution of voters

f.) the use of fake ballots

g.) filling up of ballots by armed men

h.) the votes exceeded the number of registered voters

i.) only 220 out of the 316 registered voters in the precinct was able to
vote.

VII.
a.) In an election protest, explain the “best evidence rule”.
In view of the computerized election regime, will there be a change in
the application of this rule? Explain.
b.) Are “exit polls” allowed by law? Explain.
c.) What constitutes “partisan political activity”?

VIII.

Can a former Filipino who became a foreign citizen run for a public
office in the Philippines? Expound.
Can a foreign citizen who became a Filipino by naturalization run for a
public office in the Philippines? Expound.
Can a Filipino who is a foreign resident run for a public office in the
Philippines? Expound.
 IX.

a.) What is the consequence of a recall term to the computation of a three

consecutive term limit of local elective officials? Explain.

b.) It is necessary to prove lack of confidence as ground for the recall of

local officials? Explain.

c.) Is dual citizenship similar to dual allegiance to citizenship? Explain.

d.) Can a deaf-mute person run for a public office in the Philippines?
Explain.

X.
a.) When a candidate is declared nuisance, is it not a violation of his
constitutional right to due process and equal protection? Explain.
b.) Is suspension a valid interruption of the three consecutive term limit of
local officials? Explain.
c.) 1.) When is a failure of election justified to hold a special election?
Explain.
2.) What is meant by “failure to elect”?
d.) Under a computerized election regime, are there still valid pre-
proclamation controversies? Explain.
XI.
a.) Can a convict be a registered voter?
b.) If one is liable for an election offense, can he be likewise charged of
another crime involving the same act? Explain.
XII.
a.) Can a Barangay Chairman be subject to recall? How about a
Congressman? Explain.
b.) If one is declared a nuisance candidate by the COMELEC, is this not a
violation of the constitutional guarantee of equal protection? Explain.
XIII.

Briefly explain the following:

a.) Scope of authority of the COMELEC En Banc over COMELEC Division.
b.) Jurisdiction of COMELEC En Banc and Divisions.
c.) Judicial Review by Supreme Court of COMELEC Decisions.

d.) Jurisdiction of COMELEC and Lower Courts in Election Cases.

e.) The Administrative power of the COMELEC.
f.) The Congressional Electoral Tribunals.
XIV.

a.) Rule on the constitutionally or validity of the mandatory drug testing

requirement for candidates for public office.
b.) Is there false material representation in the following cases? (YES or
NO answer will do.)
b.1. a misrepresentation in his/her profession.
b.2. a candidate who uses the name in his petition for change of
name.
b.3. a candidate who uses the name of her long-time live-in
partner.
b.4. when the candidate is actually qualified even if the entries in
the certificate of candidacy as filled up by the candidate will
show that he/she is not.
b.5. when a candidate uses a name other than that stated in the
certificate of candidacy.
b.6. when a candidate, supported by a preponderance of
evidence, believed that he/she is qualified.
b.7. when a candidate uses any other nickname other than the
one of which he is popularly known.
c.) Can the COMELEC cancel a certificate of candidacy on the ground of
lack of qualifications? Explain.

XV.
a.) When is an appointive official deemed ipso facto resigned from office?
Upon the filing of the candidacy or during the start of the campaign
period? Explain.
b.) Decide on the constitutionally of a law which bars publication of
election survey results within a certain period before election.

XVI.
a.) Is execution of COMELEC Division Resolution in election protest cases
allowed? If your answer is YES, is this not contrary to the principle that
the filing of an MR (Motion for Reconsideration) to the En Banc
suspends the implementation of the questioned resolution? Explain.
b.) Who is the member of Congress, the Partylist Organization or the
nominee? Explain.

GOOD LUCK!