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Unformatted text preview: MICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 179 UST GOLDEN NOTES 2011 Note: Pendency of election protest is not sufficient basis to enjoin protestee from assuming office. A protestant has the right to withdraw his protest or drop polling places from his protest. The protestee, in such cases, has no cause to complain because the withdrawal is exclusive prerogative of the protestant. Q: When the protestant dies during the pendency of his/her election protest, may his/her spouse substitute in his/her stead to avoid dismissal of the protest? A: No right of substitution can inure in favor of a surviving spouse, for the right to hold the disputed public office is a personal right which cannot be transmitted to the latter’s legal heirs. The rule on substitution as applied to election contest must only be in favor of a person who is a real party in interest, e.g. the party who would be benefited or injured by the judgment, and the party who is entitled to avail of the suit. A wife cannot substitute for her deceased husband’s protest, for she will not, in any way, be directly or substantially affected by the possible resolution of the protest. (Poe v. Macapagal‐Arroyo, PET Case 002, Mar. 29, 2005) Q: On June 23, 2004, the National Board of Canvassers (NBC) proclaimed X as the duly elected Vice‐President of the Philippines. Y was the person who obtained the second highest number of votes. Y filed a protest with the PET praying for the annulment of the protestee's proclamation on the ground of fraud and manipulation of the results. While the protest was pending, X was elected and assumed the office of senator. Will the protest prosper? A: No. In assuming the office of Senator, X has effectively abandoned or withdrawn this protest. Such abandonment or withdrawal operates to render moot the instant protest. Moreover, the dismissal of this protest would serve public int...
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