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

Alice and Bob are candidates for the position of President of the Philippines in the recent national elections. The results were initially close, but after a recount, Alice was declared the winner. Bob, however, believes that there were irregularities in the counting process and decides to challenge the results.

Bob files an election protest before the Presidential Electoral Tribunal (PET), alleging that there were discrepancies in the tallying of votes in certain precincts. However, Alice argues that the PET does not have jurisdiction over the case, and that the protest should be filed before a different tribunal.

In light of these circumstances, discuss the jurisdiction of the Presidential Electoral Tribunal (PET) as provided in Article VII, Section 4 of the 1987 Constitution. Would the PET have jurisdiction over Bob's election protest? Provide legal justifications for your answer.

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