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1.

(ELECTION LAW)
A. What should Romualde do to include his name in the list of a registered voter?

-File for the inclusion of his name in the list of the registered voters.

B. Romualdez worked abroad for some time. When he intended to run for barangay chairman,
his residency was questioned by his opponents, claiming that the 1-year residency requirement
was not meant. Can Romualdez run for barangay chairman?

-Yes. Although the position of barangay chairman required 1 year residency in the
barangay of the candidate prior to the election, and mark Romualdez did not meet this
requisite, still our laws on election exempts a citizen who is not physically present in the place
where he intends to un t qualify for the residency requirement when the reason for his
absence is due to his employment contract abroad, another others, so long as there is an
intent on his part to return to such place and not abandon it.

C. May Felipe Dayao challenge the registration of Mark Romualdez, if so in what way? Where
would he file it?

-Yes. By filing a petition questioning the validity of his inclusion in the event that the
petition was granted by the COMELEC. He should file it at the MTC of their locality for it has
exclusive original jurisdictions to settle petitions or claims regarding inclusion or exclusion of
voters.

D. Can Romualdez run for the position?

-Yes because upon successful registration as a voter of their barangay he now has all
the qualification required by law to run for the position of barangay chairman, as long as he
files his COC within the period prescribed by law.

2. (ELECTION LAW-Difference of CANCELLATION OF COC and DISQUALIFICATION)

A. X has been convicted of a crime with an imprisonment of 6 years. He is running for mayor. Y
petitioned for X’s COC to be canceled. Is Y’s contention a valid ground for a petition for denial of due
course or cancellation of a COC?

-Y’s valid ground in his petition to deny the due course or cancel the COC of X is a material
misrepresentation by X that he is qualified to run for Mayor. There is material misrepresentation here
committed by C because his act of filing a COC he announces to the world not only his intent to run for
Mayor but also that he is qualified to run for the position when in fact he is not qualified yet because
the law provides that a person convicted and sentenced by a final judgment for any crime which
carries with it an imprisonment for not less than 18 months shall e disqualified to run for public office,
unless granted pardon.
B. What will happen in case X’s COC is canceled?

-In this event, his name will be stricken off from the list of the candidate and he will not be
voted for come election time as if he did not file a COC. Since X already won, he will be ousted from
office because his COC is void for non-compliance with the requirements and he will never be declared a
winning candidate because he failed to validly qualify as a candidate in the first place.

C. Will Y, as a second placer, be declared as the Mayor?

-[wrong answer]

“Case of Hayudini . COMELEC.


Since Hayudini was never a valid candidate for the position of the Municipal Mayor of South Ubian,
Tawi-Tawi, the votes cast for him should be considered stray votes, Consequently, the COMELEC
properly proclaimed Salma Omar, who garnered the highest number of votes in the remaining
qualified candidates for the mayoralty post, as the duly-elected Mayor of South Ubian, Tawi Tawi.

Finally, contrary to Hayudini's belief, the will of the electorate is still actually respected even when
the votes for the ineligible candidate are disregarded. The votes cast in favor of the ineligible
candidate are not considered at all in determining the winner of an election for these do not
constitute the sole and total expression of the sovereign voice. On the other hand, those votes for
the eligible and legitimate candidates form an integral part of said voice, which must equally be given
due respect , if not more.”

3. What are the valid ways of termination of government employment?

-Reorganization,
-Abolition of Office
-Resignation

4. WHAT ARE THE ELECTION OFFENSES?

-Vote buying;
-Conspiracy to bribe voters to vote for a particular candidate;
-Coercing a subordination to vote for a particular candidate against his will;
-Tampering or destroying in any manner any election paraphernalia either of the COMELEC or of
any candidate;
-Flying Voter

5. What are the criminal offenses that may be committed by a public officer?

-Graft and Corruption


-Plunder
-Abandonment of Office
-Bribery and Qualified Bribery
-Disloyalty to the Republic and Culpable Violation of the Constitution

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