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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

Assume two candidates tie for the highest presidential vote total. A hypothetical Congress has 300 sitting Representatives and twenty-four sitting Senators, with no vacancies or exclusions. Candidate A receives 160 House votes but only twelve Senate votes. Supporters add both tallies and say a combined majority has selected A. Which answer is best?
  1. A is chosen because the chambers’ votes are pooled for this purpose.
  2. A has not been chosen under the clause because each House votes separately and twelve is not a majority of all twenty-four Senators.
  3. A is chosen because the House alone controls the tie.
  4. A is chosen if the Senate President announces an extra personal vote without legal basis.
  5. A is chosen because only a plurality is required in each House.

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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