Philippine bar exam questions 2008(POLI Q9)

POLITICAL LAW

IX

Abdul ran and won May 2001, 2004 and 2007 elections for Vice-Governor of Tawi-Tawi. After being proclaimed Vice-Governor in 2004 elections, his opponent, Khalil, filed an election protest before the Commission on Elections. Ruling with finality on the protest, the COMELEC declared Khalil as duly elected Vice-Governor though the decision was promulgated only in 2007, when Abdul had wholly served 2004-2007 term and was in fact already on his 2007-2010 term as Vice-Governor.

a) Abdul now consults you if he can still run for Vice-Governor of Tawi-Tawi in the forthcoming May 2010 elections on the premise that he could not be considered as having served a Vice-Governor from 2004-2007 because he was not duly elected to the post, as he assumed office merely as a presumptive winner and that presumption was later overturned when the COMELEC decided with finality that he had lost in the May 2004 elections. What will be your advice? (3%)

b) Abdul also consults you whether his politcal party can validly nominate his wife as substitute candidate for Vice-Governor of Tawi-Tawi in May 2010 elections in case disqualifies him and denies due course to or cancels his certificate of candidacy in lieu of a false material representation therein. What will be your advice? (3%)