Practice question
A qualified losing candidate properly contests the election and returns of a city mayor through an election protest. All other procedural conditions are met. Is the original forum the same as for a municipal mayor merely because both offices are called mayor?
- No; COMELEC has original jurisdiction for the city contest, while the proper RTC originally hears the municipal contest
- Yes; the shared title makes every forum identical
- Yes; both belong originally to the Senate Electoral Tribunal
- No; city contests are decided by private auditors
- Yes; the receiving clerk may select either forum at will
Legal references
- 1987 Constitution, Article IX-C, Section 2(2), election-contest jurisdiction: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
- COMELEC Resolution No. 8804, Rule 6, election protests: https://lawphil.net/administ/comelec/comres2010/comres_8804_2010.html
- Legaspi v. COMELEC, G.R. No. 264661, July 30, 2024, main decision, election remedies and general recount demands: https://lawphil.net/judjuris/juri2024/jul2024/gr_264661_2024.html
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