Martinez 187 ust golden notes 2011 q distinguish

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Unformatted text preview: c. 9, R.A. No. 6679) Q: When are pre‐proclamation cases terminated? A: GR: At the beginning of term of the officers. (Sec. 16, R.A. No. 7166) XPNS: 1. When based on evidence, COMELEC determines that petition is meritorious 2. The SC in a petition for certiorari issues a contrary order; or 3. The case is not a pre‐proclamation case. (Peñaflorida v. COMELEC, G.R. No. 125950, November 18, 1997) Q: What issues may be raised in a pre‐ proclamation controversy? A: 1. Illegal composition or proceedings of the Board of Canvassers 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. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. ELECTION LAW 2. Canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified; or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sec. 233, 234, 235, and 236 of B.P. 881 3. Election returns were prepared under duress threat, coercion, or intimidation, or they are obviously manufactured or not authentic 4. When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate/s. (Sec. 242, B.P. 881 Omnibus Election Code). Q: What is a petition to annul or suspend the proclamation? A: It is a remedy where there is manifest error in the face of the returns, and a winning candidate is about to be, or has already been proclaimed on the basis thereof. Note: The filing of a petition to annul or suspend the Proclamation shall suspend the running of the period within which to file an election protest or quo warranto proceedings. Q: Are pre‐proclamation controversies...
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