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Philippine Bar review · Question

Practice question: En Banc and Division Cases

Multiple Choice Hard

Practice question

An election contest concerning the qualifications of the Vice-President is filed before the Supreme Court. A party requests assignment to a three-member division because the case raises no challenge to a statute's constitutionality. The opposing party invokes Article VII, section 4. Which position is correct?
  1. A division is mandatory whenever no statute is challenged.
  2. The contest belongs to the Supreme Court sitting en banc under the specific constitutional provision.
  3. The contest belongs to COMELEC because the office is elective.
  4. The House of Representatives Electoral Tribunal decides every national contest.
  5. The President may choose the division or en banc forum.

Legal references

  • 1987 Constitution, Article VII, section 4, https://lawphil.net/consti/cons1987.html

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