Philippine Bar review · Question

Practice question: Pre-proclamation Controversies

Multiple Choice Hard

Practice question

A verified petition alleges with supporting evidence that a board's canvass was a sham: the outcome was predetermined, members lacked sufficient notice, and threats prevented lawful deliberation. The challenge is brought through the prescribed process. Which answer is most accurate under Resolution 8804?
  1. These allegations may present illegal board proceedings rather than merely dissatisfaction with the vote count
  2. No board proceeding can ever be challenged
  3. Every complaint must be rejected because machines transmitted results
  4. The petitioner automatically becomes the winner upon filing
  5. Illegal proceedings exist only when a candidate has no campaign posters

Legal references

  • COMELEC Resolution No. 8804, Rules 3 and 4, pre-proclamation controversies in an automated election system: https://lawphil.net/administ/comelec/comres2010/comres_8804_2010.html
  • Marcos v. Robredo, P.E.T. Case No. 005, February 16, 2021, main decision, automated-election pre-proclamation grounds: https://lawphil.net/judjuris/juri2021/feb2021/pet_005_2021.html

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