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Equalprotectionclause the means employed are

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Unformatted text preview: allowed under the new Automated Elections Law? A: GR: For purpose of the elections for president, vice – president, senator, and member of the House of Representatives, no pre‐proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of election returns or the certificates of canvass, as the case may be. (Sec. 38, R.A. No. 9369) XPNS: 1. Illegal composition of the Board of Canvassers (BOC); 2. Illegal proceedings of the BOC. (Sec. 1, Rule 3, COMELEC Resolution No. 8804, March 22, 2010) Note: However, this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election before it. (Sec. 38, R.A. No. 9369) 4. Election Protests Q: What are post‐election disputes? A: They are disputes which arise or are instituted after proclamation of winning candidates and which issues pertain to the casting and counting of votes (Election Protests), or to the eligibility or disloyalty of the winning candidates (Quo Warranto). Q: What is the nature of an election contest? A: It is a special summary proceeding the object of which is to expedite the settlement of controversies between candidates as to who received the majority of legal votes. Q: Where are election protests filed? A: 1. COMELEC – sole judge of all contests relating to elections, returns, and qualifications of all elective regional, provincial and city officials. 2. Supreme Court en banc – President and Vice President 3. SET – Senator a. HRET – representative 4. RTC – over contests for municipal officials 5. MeTC or MTC – for barangay officials Q: What are the grounds for the filing of election protests? A: 1. Fraud 2. Vote‐buying 3. Terrorism 4. Presence of flying voters 5. Misreading or misappreciation of ballots 6. Disenfranchisement of voters 7. Unqualified members of board of election inspector 8. Other election irregularities. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADE...
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