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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWX. ELECTION LAWF. Remedies4. Post-Proclamationa. Election Contestiii. JurisdictionPresidential Electoral Tribunal - 1987 Constitution, Art. VII, sec. 4

Question

Jurisdiction: Presidential Electoral Tribunal (PET)

A candidate for the position of President filed an electoral protest challenging the validity of the elections in certain provinces. The protest alleges widespread irregularities, including vote-buying, intimidation, and tampering with the electronic voting machines. The candidate seeks a recount of the votes in the contested provinces and requests the Presidential Electoral Tribunal (PET) to nullify the results in those provinces. The incumbent President, who was declared the winner of the elections, raises the defense that the PET does not have jurisdiction over the protest since the allegations pertain to the conduct of the election and not the qualification for office.

Based on the relevant provisions of the 1987 Constitution, particularly Article VII, Section 4, discuss the jurisdiction of the Presidential Electoral Tribunal (PET) in resolving the candidate's electoral protest. Discuss whether the PET has jurisdiction to nullify the election results in the contested provinces and order a recount of votes.




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