P. 1
Political Law

Political Law


|Views: 42,931|Likes:
Published by Chapapa

More info:

Published by: Chapapa on Jan 30, 2009
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less







2008 Political Law and Public International Law

Personal Review Notes (taken from various sources: Sandoval lectures, Nachura, Bernas, Cruz, Agpalo, SBC & SSC-R
review materials, www.pinoylaw.net, etc.)

Ma. Luisa Angeles Ramos

the legal votes and therefore is entitled
to hold the office.

Filed by filed by any candidate who
has filed a COC and has been voted

A protestee may be ousted and the
protestant may seat in the office

install the protestant in his place.

Filed by any registered voter in the

The respondent may be unseated but
the petitioner will not be seated.

(Dumayas, Jr. vs. COMELEC, G.R. Nos. 141952-53, April 20, 2001)

Quo Warranto in Elective Office

Quo Warranto in Appointive Office

The issue is the eligibility of the officer-
elect; the court or tribunal cannot declare
the protestant as having been elected.

The issue is the legality of the
appointment; the court determines who of
the parties has legal title to the office.

The period for filing an election protest is suspended during the pendency of a pre-
proclamation controversy. (Gatchalian vs. COMELEC, 245 SCRA 208)


A protestee may incorporate in his answer a counter-protest. It is tantamount to a
counterclaim in a civil action and may be presented as a part of the answer within the
time he is required to answer the protest, i.e., within five (5) days upon receipt of the
protest, unless a motion for extension is granted, in which case it must be filed before
the expiration of the extended time.
The counter-protest must be filed within the period provided by law, otherwise,
the forum loses its jurisdiction to entertain the belatedly filed counter-protest. The period
to be observed is within five (5) days from the time of the receipt of the copy of the
protest. The 5-day period is not only mandatory requirement of the law but also
jurisdictional so that the court is ousted to entertain counter-protest belatedly filed.

(Kho vs. COMELEC, 279 SCRA 463, September 25, 1997)

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->