FINAL EXAMINATION offense be made in an election contest

proceedings, the period of prescription

shall commence on the date on which the
judgment in such proceedings becomes
final and executory.
I.

A and B are rivals for mayor. A is the

B. Before the election day, you learned that
incumbent. In A’s Certificate of Candidacy
contrary to the information in A’s COC, he
(COC) for Mayor of X, he declared that he
is actually 25 years old. What will you do?
is a natural-born citizen. He also declared
Explain.
that he is 30 years old. You are the lawyer
for B.
No material misrepresentation

A. In the previous election, A resorted to

vote-buying. With this information, what will C. If the discrepancy is not as to year of
you do? Explain birth, but on the month of birth, what will you
do? Explain.
 File Election Offense
No material misrepresentation
 Sec. 261; OEC

Prohibited Acts. - The following shall be

guilty of an election offense: D. If, instead of the above, you discovered
that A has been diagnosed with an
(a) Vote-buying and vote-selling. – incurable mental problem, what will you
do? Explain.
(1) Any person who gives, offers or promises
money or anything of value, gives or
promises any office or employment,
franchise or grant, public or private, or E. If, instead of the above situations, you
makes or offers to make an expenditure, discovered that A is actually not a natural-
directly or indirectly, or cause an born, but a naturalized Filipino, what will
expenditure to be made to any person, you do? Why?
association, corporation, entity, or
community in order to induce anyone or
the public in general to vote for or against
any candidate or withhold his vote in the F. Let’s say that A won. If you discovered
election, or to vote for or against any any or all of the above instances after A’s
aspirant for the nomination or choice of a proclamation, what will you do? Why?
candidate in a convention or similar
selection process of a political party.

(2) Any person, association, corporation,

group or community who solicits or
receives, directly or indirectly, any
expenditure or promise of any office or
employment, public or private, for any of
the foregoing considerations.

 Sec. 267; OEC

Prescription. - Election offenses shall

prescribe after five years from the date of
their commission. If the discovery of the
 II.

The rivalry between A and B was so tense,

that violence marred the campaigning.
When you obtained a copy of the list of
voters, you discovered that many names
there are not residents of X.

A. What will you do as lawyer for B.

Explain.

B. During the day of the voting, 3,000

voters in 3 of the 6 barangays of X were
prevented from voting, reportedly by
A’s private army. As the lawyer of B,
what will you do? Why?

File Election offense; cite Section 261 OEC

par e (threats, intimidation, terrorism, use of
fraudulent device or other forms of
coercion

Or Failure of election letter B, Substantial

number because 3 out of 6 barangays

To declare a failure of election, two (2)

conditions must occur: (1) no voting has
been held in any precinct or precincts due
to fraud, force majeure, violence or
terrorism; and (2) the votes not cast therein
are sufficient to affect the results of the
election. The cause of such failure may
arise before or after the casting of votes or
on the day of the election.

C. If B did not receive notice for the

canvassing, what will you do? Explain.

With or without notice, it was the duty of

Quilala and all candidates for that matter
to assign their watchers or representative in
the counting of votes and canvassing of
election returns in order to insure the
sanctity and purity of the ballots.
 III.

D learned that is neighbor X has just

registered as voter of Brgy. West Rembo,
Makati. X has just moved into the
neighbourhood because he got a job
nearby. X stays in his new dormitory 4 times
weekly but goes home to Pampanga from
Friday to Sunday.

A. D alleges that X has not resided in the

neighbourhood for long, and therefore,
cannot be a voter of West Rembo,
Makati. What will you tell D?

CASE 33 : Marcos vs. COMELEC

 Domicile of origin is not easily lost.

 To successfully effect a change of

domicile, one must demonstrate:
1. Actual removal or an actual
change of domicile;
2. Bona fide intention of abandoning
the former place of residence and
establishing a new one; and
3. Acts which correspond with the
purpose.

 To effect an abandonment requires

the voluntary act of relinquishing
petitioner’s former domicile with an
intent to supplant the former domicile
with one of her own choosing
(domicilium voluntarium).

B. What is the remedy to challenge a

voter’s registration? Explain fully.

File a petition before the MeTC, seeking the

exclusion of X from the voter's list because
she failed to meet the residency
requirement of the law.
 IV.

B was convicted of vote-buying. The

President granted him pardon on the basis
of strong recommendation from the Board
of Pardons and Parole. Is this pardon valid?

NO, not valid

 SEC. 5, Article IX-C; Constitution

No pardon, amnesty, parole, or suspension

of sentence for violation of election laws,
rules, and regulations shall be granted by
the President without the favorable
recommendation of the Commission.
 V.

Infighting ensued between two groups of

the Board of Trustees of Party-list (PL) XXX
right after the list of nominees of the PL has
already been submitted to the COMELEC.
Bloc 2 filed another set of nominees to the
COMELEC En Banc. If you were a COMELEC
Commissioner, how will you decide?

A: The second set of nominees will be

denied.

The Legislature deprived the party-list

organization of the right to change its
nominees or to alter the order of nominees
once the list is submitted to the Commission
on Elections (COMELEC), except when: (a)
the nominee dies; (b) the nominee
withdraws in writing his nomination; or (c)
the nominee becomes incapacitated.

Allowing the party-list organization to

change its nominees through withdrawal of
their nominations, or to alter the order of
the nominations after the submission of the
list of nominees circumvents the voters’
demand for transparency.
 VI.
C. Let’s change the facts a bit. If he lost
in 2016 but filed and won the
X finished two terms as Mayor of City D. Last
election protest thereafter, will he
2016, he was re-elected as Mayor.
be able to run in 2019? Explain.

Yes, he can run again

CASE 38: Albania vs. COMELEC

A. In 2017, he was preventively
suspended for 30 days. May he run
again in 2019? Explain.
No, he cannot run again
CASE 38: Aldovino, Jr. vs. COMELEC
 Preventive suspension does not
interrupt the three-term limitation rule
of COMELEC
 Preventive suspension, by its nature, is
a temporary incapacity to render
service during an unbroken term, and
in the context of term limitation,
interruption of service occurs after
there has been a break in the term.
 Assumption of post and service of the
unexpired term of his opponent is in
effect, not holding the office for the full
term of 3 years to which he was
supposedly entitled to.
 The period when he was out of office
involuntarily interrupted the continuity
of his service as Governor. As he had
not fully served the 2007-2010 term,
and had not been elected for three
consecutive terms as Governor, there
was no violation of the three-term limit
rule.

 Preventive Suspension is interruption of

service, NOT term

B. If instead of being preventively

suspended, he was removed as a
result of an election protest, will he
be able to run in 2019? Explain.
A: Yes.

When a candidate is proclaimed as winner

for an elective position and assumes office,
his term is interrupted when he loses in an
election protest and is ousted from office,
thus disenabling him from serving what
would otherwise be the unexpired portion
of his term of office had the protest been
dismissed.

The break or interruption need not be for a

full term of three years or for the major part
of the 3-year term; an interruption for any
length of time, provided the cause is
involuntary, is sufficient to break the
continuity of service.