1. Eleazar P. Quinto is the Undersecretary for Field Operations of the Department of Environment and Natural Resources (DENR). He intends to run for Representative in the 4th Congressional District of Pangasinan. Petitioner Gerino A. Tolentino, Jr. is the OIC-Director of the Land Management Bureau of the DENR. He likewise desires to run for City Councilor in the 4th District of Manila. Are they considered as resigned from their positions when the filed their certificate of candidacy before the COMELEC? Explain your answer.
2. . In Papandayan, Jr. v. Commission on Elections, the Supreme Court provided a summation of the different principles and concepts in jurisprudence relating to the residency qualification for elective local officials. State these principles.
3. Petitioner was proclaimed Mayor of Gloria, Oriental Mindoro during the May 8, 1995 elections.In the same elections, private respondent was proclaimed Vice-Mayor of the same municipality.On May 19, 1995, petitioner’s rival candidate, the late Nicolas M. Jamilla, filed an election protest before the Regional Trial Court of Pinamalayan, Oriental Mindoro.During the pendency of said contest, Jamilla died. Four days after such death or on December 19, 1995, the trial court dismissed the election protest ruling as it did that “[a]s this case is personal, the death of the protestant extinguishes the case itself. The issue or issues brought out in this protest have become moot and academic.”QUESTION: (A) Is said contest a personal action extinguished upon the death of the real party in interest? (B) If not, what is the mandatory period within which to effectuate the substitution of parties?
4. Ciceron P. Altarejos was a candidate for mayor in the Municipality of San Jacinto, Masbate in the 10 May 2004 national and local elections. On 15 January 2004, Jose Almiñe Altiche and Vernon Versoza, registered voters of San Jacinto, Masbate, filed with the COMELEC, a petition to disqualify and to deny due course or cancel the certificate of candidacy of Altajeros on the ground that he is not a Filipino citizen and that he made a false representation in his certificate of candidacy that “[he] was not a permanent resident of or immigrant to a foreign country.” Almiñe, et. al. alleged that based on a letter from the Bureau of Immigration dated 25 June 2001, Altajeros was a holder of a permanent U.S. resident visa, an Alien Certificate of Registration E139507 issued on 3 November 1997, and an Immigration Certificate of Residence 320846 issued on 3 November 1997 by the Bureau of Immigration. On 26 January 2004, Altajeros filed an Answer stating, among others, that he did not commit false representation in his application for candidacy as mayor because as early as 17 December 1997, he was already issued a Certificate of Repatriation by the Special Committee on Naturalization, after he filed a petition for repatriation pursuant to Republic Act 8171. Thus, Altajeros claimed that his Filipino citizenship was already restored, and he was qualified to run as mayor in the 10 May 2004 elections. Altajeros sought the dismissal of the petition. Atty. Zacarias C. Zaragoza, Jr., regional election director for Region V and hearing officer of the case, recommended that Altarejos be disqualified from being a candidate for the position of mayor of San Jacinto, Masbate in the 10 May 2004 national and local elections; on the ground that Altajeros failed to prove that he has fully complied with requirements of Section 2 of Republic Act 8171 to perfect his repatriation and reacquire his Filipino citizenship inasmuch as he has not submitted any document to prove that he has taken his oath of allegiance to the Republic of the Philippines and that he has registered his fact of repatriation in the proper civil registry and in the Bureau of Immigration. In its Resolution promulgated on 22 March 2004, the COMELEC, First Division, adopted the findings and recommendation of Director Zaragoza. On 25 March 2004, Altajeros filed a motion for reconsideration. On 7 May 2004, the COMELEC en banc promulgated a resolution denying the motion for reconsideration for utter lack of merit. On 10 May 2004, the election day itself, Altajeros filed the petition for certiorari with the Supreme Court.
Issue: Whether Altajeros is eligible to run as mayor of San Jacinto, Masbate, in light of his repatriation under RA 8171.
5. RICARDO "BOY" CANICOSA and SEVERINO LAJARA were candidates for mayor in Calamba, Laguna, during the 8 May 1995 elections. After obtaining a majority of some 24,000 votes 1 Lajara was proclaimed winner by the Municipal Board of Canvassers. On 15 May 1995 Canicosa filed with the Commission on Elections (COMELEC) a Petition to Declare Failure of Election and to Declare Null and Void the Canvass and Proclamation because of alleged widespread frauds and anomalies in casting and counting of votes, preparation of election returns, violence, threats, intimidation, vote buying, unregistered voters voting, and delay in the delivery of election documents and paraphernalia from the precincts to the Office of the Municipal Treasurer. Canicosa particularly averred that: (a) the names of the registered voters did not appear in the list of voters in their precincts; (b) more than one-half of the legitimate registered voters were not able to vote with strangers voting in their stead; (c) he was credited with less votes than he actually received; (d) control data of the election returns was not filed up in some precincts; (e) ballot boxes brought to the Office of the Municipal Treasurer were unsecured, i.e., without padlocks nor self-locking metal seals; and, (f) there was delay in the delivery of election returns
QUESTION: 1.Based on said grounds, will there be a “failure of election”? How will you resolve the issues from (a) to (e)?
6. Will the determination of the MTC in the exclusion proceeding preclude the COMELEC from determining the candidate’s residency qualification requirement? (see p.279).
7. Which body has jurisdiction over the following:
(a) investigation of election offenses
(b) trying election offenses
(c) petition to cancel certificate of candidacy
(d) Barangay election protest
(e) Pre-proclamation controversy
8. Petitioner Arsenio A. Latasa, was elected mayor of the Municipality of Digos, Davao del Sur in the elections of 1992, 1995, and 1998. During petitioner’s third term, the Municipality of Digos was declared a component city, to be known as the City of Digos. A plebiscite conducted on September 8, 2000 ratified Republic Act No. 8798 entitled, “An Act Converting the Municipality of Digos, Davao del Sur Province into a Component City to be known as the City of Digos” or the Charter of the City of Digos. This event also marked the end of petitioner’s tenure as mayor of the Municipality of Digos. However, under Section 53, Article IX of the Charter, petitioner was mandated to serve in a hold-over capacity as mayor of the new City of Digos. Hence, he took his oath as the city mayor.
On February 28, 2001, petitioner filed his certificate of candidacy for city mayor for the May 14, 2001 elections.
Question: Is he qualified to run as city mayor? Explain your answer.
9. The COMELEC in the exercise of its investigatory powers to determine existing controversies created the Task Force Maguindanao, headed by Commissioner Nicodemo Ferrer, which was tasked to conduct a fact-finding investigation on the conduct of elections and certificates of canvass from the city and municipalities in Maguindanao.
Respondent appeared before the Task Force during its June 11, 2007 fact finding activity and responded to the queries from the chair. It was during this hearing that respondent explained that, while in his custody and possession, the election paraphernalia were stolen sometime on May 29, 2007, or some fifteen (15) days after the elections. This was the first time such an excuse was given by the respondent and no written report was ever filed with the Commission regarding the alleged loss.
Respondent was duly informed to be present in the next scheduled investigative proceedings set for June 14, 2007 as the Task Force wanted to delve deeper into the alleged loss by propounding additional questions to Atty. Bedol during the next scheduled proceedings, such as why he still had in his possession said documents which should have already been turned over to the Commission, why he did not report to the COMELEC or to the police authorities the purported theft, and other pertinent questions. However, despite actual notice in open session, respondent failed to appear, giving the impression that respondent does not give importance to this whole exercise and ignores the negative impact his attitude has on this Commission.
The COMELEC cited him in contempt, and after due hearing, he was sentenced to an imprisonment of six months.
Question: Is the contempt power properly used by the COMELEC in the instant case? Explain.
10. Cayat run as a mayoralty candidate in the May 2008 election in Benguet. He won by a landslide vote of 9,500 as against Dalut who garnered only 2,500 votes. Before the date of the election however, a disqualification was filed against Cayat considering his previous conviction of Acts of Lasciviousness. The conviction became final and Cayat filed a petition for probation. The disqualification case was decided on March 2008 against him before the COMELEC. He received the decision which was promulgated on March 15, 2008. He filed a motion for reconsideration on March 25, but the same was denied for failure to pay the docket fee of 300 pesos, as his lawyer only paid 200 pesos.
Questions: a) Is Cayat qualified to run as mayor ?
b) Is his proclamation by virtue of his landslide vote valid?
c) Is the Comelec correct in dismissing his motion for reconsideration for not filing the correct amount of the docket fee?
d) Can Dalut be declared the mayor of Benguet based on the above facts of the case?
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