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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWV. CONSTITUTIONAL COMMISSIONS (1987 Constitution, Art. IX)A. Powers, Functions, and Jurisdiction (1987 Constitution, Art. IX-A, sec. 8, Art. IX-B, sec. 3, Art. IX-C, secs. 2-5, 9 and 11, Art. IX-D, secs. 2-4)

Question

V. CONSTITUTIONAL COMMISSIONS (1987 Constitution, Art. IX)
Topic: A. Powers, Functions, and Jurisdiction (1987 Constitution, Art. IX-A, sec. 8, Art. IX-B, sec. 3, Art. IX-C, secs. 2-5, 9 and 11, Art. IX-D, secs. 2-4)


Scenario:

On the day of the national elections, a candidate for senator filed a petition before the Commission on Elections (COMELEC), claiming that his opponent violated campaign finance regulations. The COMELEC, after conducting a hearing, found merit in the petition and decided to disqualify the candidate from running for senator. The disqualified candidate then sought redress before the Supreme Court, arguing that the COMELEC acted beyond its powers and jurisdiction in disqualifying him.

Discuss the power, functions, and jurisdiction of the COMELEC as provided in the 1987 Constitution. In ruling on the disqualified candidate's petition, what factors should the Supreme Court consider in determining the validity of the COMELEC's decision? Cite relevant provisions of the 1987 Constitution and their corresponding implications.




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Bar Review Question: V. CONSTITUTIONAL COMMISSIONS (1987 Constitution, Art. IX)Topic: A. Powers, Functions, and Jurisdic