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Philippine Bar review · Question

Practice question: Power to Act as Board of Canvassers in Presidential Election

Multiple Choice Hard Jurisprudence

Practice question

After completing a presidential canvass and proclamation, Congress declares that its canvassing authority also makes it the sole tribunal for every subsequent contest about the President’s election, returns and qualifications. A proper contest is brought in the constitutionally designated forum. Which assessment is correct?
  1. Congress’s claim is correct because canvassing and adjudicating every contest are identical.
  2. The Cabinet becomes the sole tribunal once proclamation occurs.
  3. The Senate President alone decides the contest because he received the returns.
  4. Congress’s claim is incorrect because Article VII, Section 4 assigns those contests to the Supreme Court sitting en banc.
  5. No forum can hear a contest once any proclamation has occurred.

Legal references

  • 1987 Constitution, Article VII, Section 4, canvass, proclamation, tied highest votes and election contests: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353

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