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Unformatted text preview: erest as it would dissipate the aura of uncertainty as to the results of the election. (Legarda v. De Castro, PET case no. 003, Jan. 18 2008) 180 5. Quo Warranto Q: What are quo warranto proceedings for an elective office? A: It is a proceeding to determine the right to the use or exercise of an office and to oust the holder from its enjoyment, if his claim is not well founded or if he has forfeited his right to enjoy the privilege. Unlike an election protest, which can only be filed by a candidate, any voter can file a petition for quo warranto. Note: Election Protests and Quo warranto proceedings against a Congressman‐elect, Senator‐
elect, President‐elect and VP‐elect are brought before the appropriate electoral tribunals created by the Constitution. Q: Discuss the function of Senate and House of Representative Tribunals. A: The Senate and the House of Representatives each have an Electoral Tribunal which shall be the sole judge of all contests relating to elections, returns, and qualifications of their respective members. Such jurisdiction begins only after a candidate has become a member of the legislative body. The judicial review of the decisions of these electoral tribunals is possible only in the exercise of the SC’s extraordinary jurisdiction. GR: Electoral Tribunal is the sole judge of all contests relating to the election, returns and qualifications of Congressional members ONLY after the candidate has become a member of Congress and not prior thereto. XPN: COMELEC has jurisdiction if candidate not yet proclaimed and involving manifest errors in the certificates of canvass and in composition of board or its proceedings. Q: Who shall act as the sole judge of all contests relating to the election, returns, and qualifications of the President and the VP? A: The Supreme Court sitting en banc. POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R....
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