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Philippine Bar review · Question

Practice question: Qualifications, Election, and Term of the President and the Vice President

Multiple Choice Hard Jurisprudence

Practice question

A Vice-President succeeds to the presidency after the elected President’s permanent departure and serves as President for four years and one month. The successor later seeks election to the presidency and argues that, because the earlier service began by succession rather than election, it can never trigger an electoral bar. Assume the service period and succession are undisputed. Which answer is best?
  1. The argument succeeds because all successors are exempt from term-related restrictions.
  2. The argument fails because a person who succeeded as President and served for more than four years is disqualified from election to that office at any time.
  3. The argument succeeds if the successor changes political parties.
  4. The argument succeeds after a one-year break from public office.
  5. The argument fails only after the successor has served ten years.

Legal references

  • 1987 Constitution, Article VII, Sections 2–4, presidential and vice-presidential qualifications, election and terms: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Section 4.

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