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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 in the Presidential Electoral Tribunal

In accordance with Article VII, Section 4 of the 1987 Constitution, which establishes the Presidential Electoral Tribunal (PET), the tribunal holds jurisdiction over disputes arising from the election of the President and Vice-President of the Philippines. The PET is responsible for resolving electoral protests and petitions for the declaration of nullity of the elections of the President and Vice-President.

Consider the following scenarios involving the jurisdiction of the Presidential Electoral Tribunal:

  1. During the recent national elections, Candidate A filed an electoral protest against the proclaimed winner, Candidate B, alleging electoral fraud and irregularities. Candidate B argues that the PET does not have jurisdiction over the case and insists that it should be resolved by the regular courts. Discuss the validity of Candidate B's argument and explain the jurisdiction of the PET in this particular scenario.
  2. After the elections, there were allegations of disqualification against the proclaimed Vice-President. A group of concerned citizens filed a petition before the PET, seeking the nullification of the Vice-President's election based on grounds of ineligibility. Analyze whether the PET has jurisdiction over petitions for the declaration of nullity of the election of the Vice-President, and explain the legal basis for your answer.
  3. During the canvassing of votes for the Presidential election, a technical glitch occurred, causing delays and discrepancies. The losing candidate immediately filed a petition before the PET, seeking the suspension of the canvassing proceedings due to alleged irregularities. Determine whether the PET has jurisdiction to suspend the canvassing proceedings and discuss the rationale behind your conclusion.



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