Philippine Bar review · Question

Practice question: Election Protest

Multiple Choice Hard

Practice question

A protestant asks the competent tribunal to overturn an election based solely on broad assertions that the announced outcome felt implausible. No specific actionable irregularity is adequately alleged or proved, and no governing exception excuses that failure. The protestant argues that distrust alone shifts the whole burden to the winner. What follows the principle in Marcos v. Robredo?
  1. The asserted distrust does not replace the protestant's obligation to allege specifically and prove the electoral irregularities relied upon
  2. The winner must lose whenever any opponent expresses doubt
  3. Every close result is automatically void
  4. No election protest ever requires evidence
  5. A petition's title conclusively proves fraud

Legal references

  • Marcos v. Robredo, P.E.T. Case No. 005, February 16, 2021, main decision, specificity and proof in election protests: https://lawphil.net/judjuris/juri2021/feb2021/pet_005_2021.html

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