Suchhasbeen the consistent course of executive

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Unformatted text preview: 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 Note: Before election, SC has no jurisdiction to entertain any petition relating to the qualifications or disqualifications of candidates for President and VP, the jurisdiction being with the COMELEC. Q: What is the effect if the protestant accepts a permanent appointment? Why? A: Acceptance of a permanent appointment to a regular office during the pendency of his protest is an abandonment of the electoral protest. The same is true if a protestant voluntarily sought election to an office whose term would extend beyond the expiry date of the term of the contested office, and after winning the said election, took her oath and assumed office and there after continuously serves it. The reason for this is that the dismissal of the protest would serve public interest as it would dissipate the aura of uncertainty as to the results of the presidential election, thereby enhancing the all‐to crucial political stability of the nation during this period of national recovery. (Santiago v. Ramos, P.E.T. Case No. 001, Feb. 13, 1996) j. PROSECUTION OF ELECTION OFFENSES Q: Who has the authority to prosecute election offenses? A: The COMELEC is vested with the power of a public prosecutor with the exclusive authority to conduct the preliminary investigation and prosecution of election offenses punishable under the Omnibus Election Code. (Sec. 265, B.P. 881 Omnibus Election Code) Q: May the COMELEC delegate such authority? A: Yes. The COMELEC en banc may delegate such authority to any public prosecutor but always subject to the control and supervision of the COMELEC. (People v. Delgado, G.R. No. Nos. 93419‐32, September 18, 1990) Q: In cases where the prosecutor exercises delegated authority to conduct preliminary investigation of election offens...
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