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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ X. ELECTION LAW ▸ F. Remedies ▸ 4. Post-Proclamation ▸ a. Election Contest ▸ iii. Jurisdiction ▸ Presidential Electoral Tribunal - 1987 Constitution, Art. VII, sec. 4

Question

Jurisdiction of the Presidential Electoral Tribunal - Article VII, Section 4 of the 1987 Constitution

Assume the following scenario:

Candidate X and Candidate Y ran for the presidential position in the national elections. After the election, Candidate X was declared as the winner and assumed office. However, Candidate Y filed an election protest claiming that there were irregularities in the conduct of the elections that affected the results. Candidate Y specifically alleges that there was tampering of the election results in certain precincts, which led to the incorrect tallying of votes.

As the case progresses, Candidate X argues that the Presidential Electoral Tribunal (PET) does not have jurisdiction over the election protest. Candidate X claims that the PET's jurisdiction is limited only to electoral protests involving the Vice President.

In this situation, discuss the jurisdiction of the Presidential Electoral Tribunal (PET) as provided under Article VII, Section 4 of the 1987 Constitution. Analyze whether the PET has the authority to hear and decide the election protest filed by Candidate Y against Candidate X. Support your answer with applicable laws and jurisprudence.



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Bar Review Question: Jurisdiction of the Presidential Electoral Tribunal - Article VII, Section 4 of the 1987 Constituti