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Philippine Bar review · Question

Practice question: Election Protest

Essay Medium Jurisprudence

Practice question

Distinguish an election protest over the election and returns from an electoral quo warranto challenge based on ineligibility. Does one necessarily prove the other?

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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