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Philippine Bar review · Question

Practice question: Power to Call Special Election for President/Vice President

Multiple Choice Hard Jurisprudence

Practice question

Both the President and Vice-President validly leave office twenty months before the next presidential election. Congress convenes as required and calls a special election, but schedules it ninety days after the call to allow more campaigning. It says the election is valid because the vacancy is outside the eighteen-month prohibition. Which answer is best?
  1. The schedule is valid because being outside eighteen months removes all other timing rules.
  2. The schedule violates the separate requirement that the election be held forty-five to sixty days from the call.
  3. The schedule is valid if every political party agrees.
  4. The schedule is invalid only if it falls after the next regular election.
  5. The schedule is valid because ninety days is the constitutional maximum.

Legal references

  • 1987 Constitution, Article VII, Sections 8–10, particularly Section 10’s congressional special-election procedure: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Section 10.

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