1. Canicosa
bewails that the names of the registered voters in the various precincts did
not appear in their respective lists of voters. Is this a ground to declare a
failure of election? Explain.
2. In one case, the members of the Provincial Board of Canvassers were
charged of a criminal offense worded as follows:"That on or about January 21, 1988, in the
Municipality of Mati, Province of Davao Oriental, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused as Chairman,
Vice-Chairman and Third Member, respectively, of the Provincial Board of
Canvassers of Davao Oriental in the January 18, 1988 elections, conspiring
with, confederating together and mutually helping one another, did, then and
there, willfully and unlawfully fail to proclaim Erlinda Irigo as elected
Sangguniang Panlalawigan Member candidate who obtained 31,129 votes, the eighth
highest number of votes cast in said province but instead proclaimed candidate
Pedro Pena who obtained only 30,699 votes."
After trial on the merits, the trial court rendered a
decision, the dispositive portion of which reads:
"x x x , the Court
finds all the accused GUILTY beyond reasonable doubt as principals
for violation of Section 231, second paragraph, of Batas Pambansa Blg. 881, as
amended, otherwise known as the "Omnibus Election Code of the
Philippines", and hereby sentences each of them to ONE (1) YEAR IMPRISONMENT which shall not be subject to probation.
In addition, they are sentenced to suffer disqualification to hold public
office and deprivation of the right of suffrage. Said accused are ordered
to pay, jointly and severally, Erlinda Irigo the amounts of P50,000.00 as
actual damages, P15,000.00 as and for attorney's fees, and P100,000.00 as moral
damages, plus the costs of the proceedings.
Question: (a)Is the criminal penalty correct? (b) What about the award of damages? Explain.
3. Facts: Atty.
Romulo Macalintal files a petition for certiorari and prohibition before the
Supreme Court seeking a declaration that certain provisions of Republic Act No.
9189 (The Overseas Absentee Voting Act of 2003) suffer from constitutional
infirmity. He raises the following questions:
A) Does Sec. 5(d) of said Act
allowing the registration of voters who are immigrants or permanent residents
in other countries by their mere act of executing an affidavit expressing their
intention to return to the Philippines, violate the residency requirement in
Section 1 of Art. V of the Constitution?
B) Does Sec. 18.5 of the same law empowering the
COMELEC to proclaim the winning candidates for national offices (i.e. senators,
pres. and vice pres.) and party list representatives violate the constitutional
mandate under Art. VII, SEC. 4 of the Constitution that the winning candidates
for Pres. and Vice Pres. shall be proclaimed as winners by Congress?
C) May Congress, through the Joint Congressional
Oversight Committee created in Sec. 25 of said Act, exercise the power to
review, revise, amend and approve the Implementing Rules and Regulations that
the COMELEC shall promulgate without violating the independence of the COMELEC
under Section 1, Art. IX-A of the 1987 Constitution?
4. What is a pre-proclamation controversy? Which
body has jurisdiction over said issue? Explain.
5. Facts: Juan Calderon was born on 20 August 1939.His grandfather was
Pedro Calderon, a Spanish national, who died in the Philippines on September
11, 1954.His father was Andoy Calderon who married on September 16, 1940 Jean
Stuart, an American national. The records further showed that Andoy got married
to Juana Calingasan on August 12, 1938.
Questions: 1. Juan Calderon would like to run as Vice-President of the
Philippines in the next election. Is he qualified to run? Explain. 2.Granting that he filed his certificate of
candidacy as Vice-President, can his opponent file an election protest against
him before the Presidential Electoral Tribunal? Explain.
END OF THE
EXAMINATION
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