I

Shanti filed a petition for the cancellation of the certification of

candidacy of XANDER for Mayor of South Upi alleging that Xander
was not a registered voter in the Municipality of South Upi since
Xander failed to sign his application for registration, thus, the
unsigned application for registration has no legal effect. In
refutation, Xander asseverated that his failure to sign his
application for registration did not affect the validity of his
registration since he possesses the qualifications of a voter set forth
in the Omnibus Election Code as amended by Section 9 of R.A.
8189. Should Xander be disqualified?

II

Joseph Dimapilis was elected as Punong Barangay of Brgy.

Pulung Maragul in October 2010 and in 2013 he ran for re-election
for the same position and won. When he filed his Certificate of
Candidacy, he declared under oath that he is eligible for the office
that he seeks to be elected. A petition for Disqualification was filed
against Mr. Dimapilis on the ground that he was barred from
running in an election since he was suffering from the accessory
penalty of perpetual disqualification to hold public office as
consequence of dismissal from service as then Kagawad of Brgy.
Pulung Maragul in a n order dated November 10, 2009 by the
Ombudsman. Is Dimapilis barred to run due to his
misrepresentation he committed in his CoC?

III
Raphael and Angelo filed their CoCs for the position of Mayor of
Lucena City. Angelo filed a petition to disqualify Raphael, alleging
that Raphael still filed his CoC despite Knowing that he had
exceeded 3-term limit as Mayor of Lucena City. COMELEC first
Division disqualified Raphael. Marian, the wife of Raphael, filed her
own CoC in substitution of her husband, Raphael. Can Marian
validly substitute her husband?
 IV

James was a candidate for Vice Mayor in the First Order City. His
Certificate of Nomination and Acceptance was signed by his party’s
chapter president Lorena. It appears, however, that his chapter
president was not authorized by their national party leader to sign
James CONA. So, Comelec considered him an independent
candidate instead of being a candidate by his party. Subsequently,
James party submitted proof that the chapter president was
authorized to sign James CONA. Few days after filing his CoC,
James died due to a heart attack. Marcelina, James’ wife, filed her
CoC to substitute her deceased husband. James, despite his
demise, received twice as much votes as Winston then questioned
the substitution of Marcelina saying that an independent candidate
cannot be substituted. COMELEC agreed with Winston. Marcelina
sought to reverse COMELEC’s decision before the SC. Who should
the SC favor?

In March 2013, COMELEC First Division issued a resolution

cancelling Jeninah’s CoC on the ground that she is not a citizen of
the Philippines because of her failure to comply with the
requirements of Citizenship Retention and Re-acquisition Act of
2003. On April 8, 2013, Jeninah filed an MR claiming that she is a
natural-born Filipino citizen, but it was denied by COMELEC on
May 14 for lack of merit and declared it final and executory.
Jeninah, however, was proclaimed the winner of the May 2013
elections, and took her oath of office but is yet to assumed office on
June 30, 2013. Jeninah contends that COMElec lost jurisdiction
pursuant to Sec. 17, Art. 6 of the 1897 Constitution which states
that HRET has the exclusive jurisdiction to be the “sole judge of all
contests relating to the election, returns and qualifications” of the
Members of HOR. Is the contention of jeninah correct?

Vl
Is the filing of the administrative rules and regulations with the UP
Law Center the operative act that gives the rules force and effect?

VII

May a person be held liable for violation of an administrative

regulation which was not published? 

VIII

Does the publication requirement apply as well to administrative

regulations addressed only to a specific group and not to the
general public? 

IX

Does the petition for annulment of proclamation of a candidate

merely involve the exercise by the COMELEC of its administrative
power to review, revise and reverse the actions of the board of
canvassers and, therefore, justifies non-observance of procedural
due process, or does it involve the exercise of the COMELEC’s
quasi-judicial function?  

A, a City Legal Officer, and B, a City Vice-Mayor, filed certificates of

candidacy for the position of City Mayor in the May 2010 elections.

a) Was A ipso facto considered resigned and, if so, effective on what

date? (2%)
b) Was B ipso facto considered resigned and,if so, effective on what
date? (3%)
In both cases, state the reason or reasons for
your answer.

XI

A filed a protest with the House of Representative Electoral Tribunal

questioning the election of B as Member of the House of
Representatives in the 2010 national elections on the ground that B
is not a resident of the district the latter is representing. While the
case was pending. B accepted an ad-interim appointment as
Secretary of the Department of Justice.

May A continue with his election protest in order to determine the

real winner in the said elections? State your reason.

XII

For three consecutive terms, Conrad was elected as a Punong

Barangay. During his third term, he ran for Municipal
Councilor. He won and later assumed office and served the full
term. After serving his term as Municipal Councilor, he filed
his COC for the position of Punong Barangay. His opponent
filed a Petition for Disqualification on the ground that he had
already served the three-term limit for the position of Punong
Barangay. Should Conrad be disqualified?

XIII

Ryan Christopher was elected City Councilor for three

consecutive terms. During his last term, the Sandiganbayn
preventively suspended him for 90 days in relation with a
criminal case he then faced. The Court, however, subsequently
lifted the suspension order; hence he resumed performing his
functions and finished his term. He filed his COC for the same
position. April sought to deny due course to Ryan
Christopher’s COC on the ground that he had been elected
and he served for three terms. Is preventive suspension
considered an interruption of the three-term limit rule?

XIV

Henry was elected and served as mayor of the Municipality of

Digos for terms 1992-1995, 1995-1998, and 1998-2001.
During his third term, the Municipality of Digos was converted
into a component city, with the corresponding cityhood law
providing the holdover of elective officials. When Henry filed
his COC as Mayor for the 2001 elections, the court declared
Henry as disqualified to run as mayor of Digos City for
violation of the three-term limit rule. Should Henry be
disqualified?