Philippine Bar review · Question

Practice question: Pre-proclamation Controversies

Multiple Choice Hard

Practice question

Under the Resolution 8804 framework, a candidate properly requests an authenticated Statement of Votes per precinct and certificate of canvass. The board refuses solely because the candidate has counsel and therefore supposedly has no personal documentary right. Which answer is sound?
  1. Hiring counsel forfeits every right to records.
  2. Only a winning candidate may obtain these documents.
  3. Rule 3 recognizes the covered candidates’ entitlement to authenticated copies; counsel representation does not itself extinguish it.
  4. Only an unverified social-media screenshot can be released.
  5. The board may replace authenticated copies with a party slogan.

Legal references

  • COMELEC Resolution No. 8804, Rules 3-4, automated-election pre-proclamation framework: https://lawphil.net/administ/comelec/comres2010/comres_8804_2010.html

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