Philippine Bar review · Question

Practice question: Election Protest

Multiple Choice Medium Jurisprudence

Practice question

After proclamation, a challenge attacks only an elective municipal official's legal eligibility, with no claim that the rival received more valid votes. Which distinction is correct?
  1. Every eligibility claim is necessarily a ballot-recount protest
  2. The challenger may avoid all governing deadlines by changing the title
  3. An eligibility-based electoral quo warranto inquiry is distinct from an election protest over the election and returns
  4. The claim automatically proves the challenger won
  5. The challenge must be decided by a campaign manager

Legal references

  • 1987 Constitution, Article IX-C, Section 2(2), election-contest jurisdiction: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
  • 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
  • 2010 Rules of Procedure for Municipal Election Contests, Rule 1, Section 3(u) and (v), remedy definitions, subject to the 2022 interim amendments: https://lawphil.net/courts/supreme/am/am_10-4-1-sc_2010.html

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