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Philippine Bar review · Question

Practice question: Failure of Election; Call for Special Election

Multiple Choice Hard

Practice question

Before voting begins, a major disaster makes a free, orderly and honest election impossible in a municipality. COMELEC considers postponement under Section 5 rather than waiting for scheduled voting to fail under Section 6. Opponents claim the commission has no postponement power until after the election day. Which statement is correct?
  1. Postponement is available only after proclamation.
  2. Every inconvenience automatically compels postponement.
  3. Section 5 separately authorizes postponement on its stated serious causes and conditions, with due notice and hearing; it need not await a completed failure under Section 6.
  4. Only a private party can postpone voting by announcement.
  5. Section 5 and Section 6 have identical triggers in all circumstances.

Legal references

  • Batas Pambansa Blg. 881, Sections 5-6, 68 and 253: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
  • Republic Act No. 7166, Section 4: https://lawphil.net/statutes/repacts/ra1991/ra_7166_1991.html

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