ELEC Suggested Answers

Modified True or False Quiz in Election Law (for 09 November 2019):
1. The remedy of a gubernatorial candidate when his name is omitted in some of

the ballots is to file a pre-proclamation controversy case before the board of
canvassers.
SUGGESTED ANSWER:
TRUE. A pre-proclamation controversy is limited to an examination of election
returns on their face. When the COMELEC is required to “pierce the veil” of
election returns that appear prima facie r egular, the remedy is a regular
election protest.
Or
FALSE. The omission of the candidate’s name constitutes an illegal act
committed before the casting and counting of votes, which is a ground for the
filing of an election protest.
2. Pre-proclamation cases are absolutely prohibited in national elections.
SUGGESTED ANSWER:
FALSE. The court held in the case of Pimentel III v. COMELEC as a general
rule, that pre-proclamation controversies shall be allowed only in local elective
position except barangay offices.
In elections for national offenses and for barangay elections, pre-proclamation
controversies are prohibited.
Exceptions:
a. Determination of the authenticity and due execution of certificates of
canvass
b. Connection of manifest errors
c. Matters relating to the composition or proceedings of the board of
canvassers.
3. It is the RTC which has jurisdiction over appeals on decisions rendered by
the MTC in election protest filed by a candidate against another candidate for
barangay chairman
SUGGESTED ANSWER:
FALSE. Under Sec 2, par 2 of Art IX-C of the 1987 Constitution, for decisions
of RTC and MTC, appellate jurisdiction over election contest rests solely with
the COMELEC.
4. Simultaneous prosecution or adjudication of pre-proclamation controversies
and election protest is allowed.
SUGGESTED ANSWER:
TRUE. In the case of Tan v. COMELEC, the Court ruled that there is no law or
rule prohibiting the simultaneous prosecution or adjudication of
pre-proclamation controversies and election protests since it involves elective
officials, and are of different issues.
5. Election protest and quo warranto pertain to the same legal remedy.
Election Law 2C RES Nullius

Atty. Randolph Pascasio
SUGGESTED ANSWER:
FALSE. Election protest is filed by any candidate who has voted for in the
same office and who received the second or third highest number of votes or,
in a multi-slot position, was among the next four candidates following the last
ranked winner duly proclaimed. On the other hand, a quo warranto is filed by
any registered voter in the constituency.
Election Protest Quo Warranto
Who files? any candidate any registered

who has voted voter in the
for in the same constituency.
office and who
received the
second or third
highest number
of votes or, in a
multi-slot
position, was
among the next
four candidates
following the last
ranked winner
duly proclaimed.
Grounds Fraud, Terrorism, Ineligibility

Irregularities, Illegal
acts committed before, Disloyalty to the
during, or after the Republic
casting and counting of
votes.
Effect on the Parties Protesteee may be Respondent may be

ousted; unseated;
Protestant may be Petitioner will not be
seated seated.
6. The election ban on appointments includes the appointment of a councilor to

fill a permanent vacancy in the sanggunian due to the death of the incumbent.
SUGGESTED ANSWER:
FALSE. In the case of Ong v. Martinez, the Court held that Section 261 (g) of
the Omnibus Election code applies only to those appointments covered by the
Civil Service Law, and not to the filling up of vacancies in the local
government units. The permanent vacancy for councilor exists and its filling
up is governed by the Local Government Code while the appointment referred
to in the election ban provision is covered by the Civil Service Law.
7. The election ban on transfer excludes “designation.”
SUGGESTED ANSWER:
TRUE. In the case of Tapispisan v. CA, the Court ruled that designation did
not involve a movement from one position to another. Neither did it involve the
issuance of any appointment.
Designation v. Appointment
Designation connotes merely the imposition by law of additional duties of an
incumbent official. It is essentially legislative in nature.
Appointment is the selection, by the authority vested with the power of an
individual who is to exercise the functions of a given office. It is essentially
executive.
8. The President and his alter egos are not covered by the ban on partisan
political activity by civil servants.
SUGGESTED ANSWER:
FALSE. The provision of Section 261 (i) of the Omnibus Election Code
expressly exempts “political offices.” In Quinto vs. Comelec (G.R. No. 189698,
February 22, 2010), “political offices” were interpreted to mean “elected public
officials,” who, “by the very nature of their office, engage in partisan political
activities almost all year round, even outside of the campaign period.” The
Joint Resolution No. 1600298 of the CSC and Comelec enumerates what
qualify as “political offices” and are thus covered by the exemption: The
President and the Vice PresidentMembers of the Cabinet Other elective public
officials, except barangay officials Personal and confidential staff of the
abovementioned officials
9. The election gun ban penalizes the failure to obtain prior written Comelec
authorization for the carrying of firearms by security guards in their place of
work.
SUGGESTED ANSWER:
FALSE. In the case of Rimando v. COMELEC, the Court held in interpreting
Section 261 (s) of BP 881, that the bearing of arms by the security guards
within the immediate vicinity of their work is not prohibited and does not
require prior written approval from the Commission.’
10. For purposes of gun ban, the term “firearm” connotes real firearms and
therefore cannot cover airsoft guns.
SUGGESTED ANSWER:
FALSE. In the case of Orceo v. COMELEC, the Court upheld the validity of
the COMELEC rule that declared air guns included in the list of deadly
weapons, although replicas or imitations of the same are not.


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Modified True or False Quiz in Election Law (for 09 November 2019):

1. The remedy of a gubernatorial candidate when his name is omitted in some of

Election Law 2C RES Nullius

Election Protest Quo Warranto

Who files? any candidate any registered

Grounds Fraud, Terrorism, Ineligibility

Effect on the Parties Protesteee may be Respondent may be

6. The election ban on appointments includes the appointment of a councilor to

Election Law 2C RES Nullius

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