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Philippine Bar review · Question

Practice question: Failure of Election; Call for Special Election

Multiple Choice Medium

Practice question

A brief disturbance occurs but lawful voting, counting and canvassing proceed, a valid result is obtained, and the disturbance has no effect on that result. A losing candidate demands a Section 6 special election solely because a disturbance happened. Which answer is correct?
  1. Every disturbance requires a new election
  2. The candidate's allegation alone supplies every statutory condition
  3. The stated facts do not establish the required failure and result-affecting consequence
  4. Every valid vote must be erased
  5. A campaign party may declare failure by resolution

Legal references

  • Batas Pambansa Blg. 881, Omnibus Election Code, Section 6, failure of election and continuation: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
  • Republic Act No. 7166, Section 4, COMELEC en banc action on failure and special elections: https://lawphil.net/statutes/repacts/ra1991/ra_7166_1991.html

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