Philippine Bar review · Question

Practice question: Petition for Disqualification

Multiple Choice Hard

Practice question

Before election day a final judgment disqualifies a candidate. The candidate nevertheless obtains a plurality on ballots still bearing the name. Supporters ask the canvassers to count those votes and transfer them to the party’s preferred replacement. Confine the inquiry to Section 6 of RA 6646 and assume no lawful substitution issue. Which statement is correct?
  1. The votes must count for the disqualified candidate because the name remained printed.
  2. The votes automatically transfer by party preference.
  3. The final-judgment rule excludes votes for the disqualified candidate and does not itself authorize the proposed transfer.
  4. The final judgment becomes void whenever a plurality is cast.
  5. The election must always be repeated for every office nationwide.

Legal references

  • Republic Act No. 6646, Section 6: https://lawphil.net/statutes/repacts/ra1988/ra_6646_1988.html

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