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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

Three presidential candidates are tied for the equal and highest vote total after a valid canvass. A fourth candidate has fewer votes. An adviser says the constitutional tie procedure applies only when exactly two candidates tie, so the fourth candidate should win by default. Which is correct?
  1. The fourth candidate wins because three-way ties are excluded.
  2. The Senate President breaks the tie personally.
  3. A random draw is constitutionally mandatory.
  4. The text covers two or more tied highest candidates, and Congress must choose one of those tied candidates under the prescribed vote.
  5. The incumbent automatically receives another term.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 4.

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