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Philippine Bar review · Question

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

Multiple Choice Medium Jurisprudence

Practice question

The duly conducted presidential canvass shows Candidate A with the highest vote total, but less than half of all votes cast. No other candidate ties A, and no disqualification issue is assumed. An opponent demands a runoff solely because A lacks an absolute popular majority. Under Article VII, Section 4, which answer is best?
  1. A runoff is automatically required whenever there are three candidates.
  2. Congress may simply choose any losing candidate instead.
  3. The demand fails because the Constitution directs proclamation of the person with the highest number of votes.
  4. The Supreme Court must cast an additional popular vote for one candidate.
  5. The incumbent President may decide whether the plurality is enough.

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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