Disposition by the local government unit unless

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Unformatted text preview: es and such officer, after investigation, already resolves the issue of probable cause, where should one appeal the resolution? A: From such resolution, appeal to the COMELEC lies, and the latter’s ruling on the appeal would be immediately final and executory. However, if the preliminary investigation is conducted by the COMELEC itself, appeal to the COMELEC is unavailing, but the respondent may file a motion for reconsideration of the resolution of the COMELEC en banc finding probable cause. (Faelnar v. People, G.R. Nos. 140850‐51. May 4, 2000) Q: What are the election offenses? A: 1. Vote buying and vote selling 2. Conspiracy to bribe voters 3. Wagering upon result of election 4. Coercion of subordinates 5. Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion 6. Coercion of election officials and employees 7. Appointment of new employees, creation of new position, promotion, giving of salary increases 8. Intervention of public officers and employees 9. Undue influence 10. Unlawful electioneering 11. Others. (Sec. 261, B.P. 881 Omnibus Election Code) Q: What is the prescriptive period of election offenses? A: 5 years from the date of their commission. (Sec. 267, B.P. 881 Omnibus Election Code) Q: Which court has jurisdiction to hear and decide election offenses? A: GR: The RTC has the exclusive and original jurisdiction to hear and decide any criminal action or proceedings for violation of the OEC. XPN: The MTC has jurisdiction over offenses relating to failure to register or failure to vote. 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 ACADEMICS: 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 181 UST GOLDEN NOTES 2011 L. LOCAL GOVERNMENTS a. PUBLIC CORPORATIONS Q: What is a public corporation? A: It is one created by the State either by general or special act for purposes of administration of local governme...
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This document was uploaded on 03/12/2014.

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