Election Laws – Midterm Examination

Election Laws

Election Laws

  1. COMELEC Resolution Number 6624, declares all Saturdays, Sundays, and Holidays from October 2003 until June 30, 2004 as working days as an internal resolution intended for its employees for purposes of reporting for work even during weekends due to the approaching elections and for the general public to give them more time to register as voters. Makulit filed his petition to annulthe proclamation of Masuwerte, the last day to file the same fell on May 23, 2004, a Sunday, on May 24, 2004, a day after the reglementary period. Masuwerte moved for its dismissal claiming that it was filed out of time, hence, it should be denied.
    1. Rule on the motion.
    2. How does election laws and resolutions of the COMELEC be construed with the end in view of attaining their avowed purposes?
    3. Discuss fully.
  2. Distinguish election period from campaign period. What are the campaign periods for the different elective positions?
  3. Mr. “L” Mayor of Manila, filed his certificate of candidacy for the position of President. Is he considered resigned ipso facto upon filing his certificate of candidacy?
  4. In what forum must the election contest involving the following offices be filed?
    1. President and Vice-President
    2. Senators and Members of the House of Representatives
    3. Regional, Provincial and City Officials, and
    4. Barangay Officials
  5. What are the conditions for declaring a failure of elections? When may COMELEC call for one?
  6. Will the irregular transfer of polling places which resulted in the disenfranchisement of voters warrant the declaration of failure of election?
  7. What constitute fraud as a ground to declare failure of elections?
  8. When can there be valid postponement of election?
  9. The COMELEC annulled the election in the municipality of San Fernando, Pampanga, on the ground that the election returns prepared by the teachers were made under coercion. Is the nullification valid? May the COMELEC validly call a special election?
  10. Are “green card” holders or immigrants to foreign countries qualified to run for public elective office?
  11. BONUS QUESTION: What ar ethe qualifications for the different elective offices under the Constitution and the Omnibus Election Code? Enumerate.

Questions from the last August 25, 2012 Midterm examination under Atty. Sherdale Valdez

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