Election Law Lecture

FINAL EXAMINATIONS ELECTION LAWS ATTY. PAUL P.SAGAYO JR. October 16, 2010 I. a.

The decision of the commission on Elections relative to an electoral protest may be the subject of an execution pending appeal. What is the rationale why such decision may be executed pending appeal? (5%) b. In what instances may the COMELEC declare failure of elections? (5%)

II. Johnny, a City Legal Officer, and Bjorn, a City Vice- Mayor, filed certificates of candidacy for the position of City Mayor in the May 14, 2001 elections. a. Was Johnny ipso facto considered resigned and, if so, effective on what date?(5%) b. Was Bjorn ipso facto considered resigned and, if so, effective on what date?(5%) In both cases, state the reason or reasons for your answer. III. a. Under the Local Government Code, name five persons who are disqualified from running for any elective position. (5%) b. On March 27, 2006, Lucio was convicted by final judgment of violation of RA 4200, or the AntiWiretapping Law . Immediately, Lucio applied for probation under the Probation Law. After the termination of his probation, he returned to his hometown in Porac, Pampanga. Forsome reason, Lucio was immensely popular in his Barangay that he was being urged to run for election as Barangay Captain. However, he has serious doubts as to his qualification because he is aware that he was previously convicted of a crime. Lucio approaches you for your legal advice. What advice, if any, will you give him? (10%) IV. Is dual citizenship a ground for disqualification of a mayoralty candidate under the Local Government Code? (5%) V. Edwin Reyes, born in the Philippines of Filipino parents and raised in the province of Nueva Vizcaya, ran for Governor of his home province. He won and he was sworn into office. It was recently revealed, however, that Edwin is a naturalized Australian citizen.

Smartmatic-TIM Corporation automation contract is null and void for being in violation of the Constitution because it constitutes a wholesales abdication of the poll body s constitutional mandate for election law enforcement . is provided in Sec. (5%) IX.NOTHING FOLLOWS--- . (5%) --. A commissioner of the COMELEC is charged before the Sandiganbayan for allegedly tolerating violation of the election laws against the proliferation of prohibited billboards and election propaganda with the end in view of removing him from office.2010 Barangay Elections. Comelec. to test the PCOS Machines before being used in the said elections. explain atleast five rules for ballot appreciation under Section 21 of the Omnibus Election Code. Does he still possess Philippine citizenship? (5%) b. If. a. that is. (5%) c. the Supreme Court discussed the issue on the necessity of pilot-testing the PCOS Machines in the recent 2010 elections. Brielfy explain the rationale. Rule on their contentions. Will the action prosper? (5%) VIII. May an off-duty police officer who was caught with firearms in a COMELEC. petitioners contend that the Comelec. What is election Sabotage? Enumerate five instances how election Sabotage is committed. instead. V of the Constitution.PNP Checkpoint raise the defense of good faith in court for violation of the election Gun Ban? (5%) X. In connection with the use of manual counting in the coming October 25. according to the petitioners. What is the function of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal? What is the composition of each?(5%) VII. would you answer be different? (5%) VI. can the second-placer be sworn into office as Governor?(5%) c. In the same case. (5%) b.a.2. Edwin has been born (of the same set of parents) in Australia and he thereby acquired Australian citizenship by birth. Art. In the recent case of Roque v. a. why pilot-testing is not an absolute must for the machines use in the 2010 national/local elections ? (5%) b. Can an illiterate who is of sound mind and of age register as a voter? Explain. as well as the mechanism of the PCOS machines would infringe the constitutional right of the people to the secrecy of the ballot which. If the second-placer in the gubernatorial elections files a quo warranto suit against Edwin and he isd found to be disqualified from office.

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