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Legal & Judicial Ethics, 2012 Bar — Question 27

Legal & Judicial Ethics
2012 BarLegal & Judicial EthicsQ. 27

MULTIPLE CHOICE

During the IBP Chapter elections, the candidates for President were Atty. EJ, a labor arbiter of the NLRC, Fiscal RJ of the DOJ and Atty. Gani of the PAO. After canvass, Fiscal RJ garnered the highest number of votes, followed by Arbiter EJ and by Atty. Gani. The winning Vice-President moved for the annulment of the election for President because all the candidates for President are government officials and are disqualified. Decide. (A) The election for presidency is invalid, and the elected Vice-President shall assume the Presidency by succession. (B) The election is a failure, and new elections should be held. (C) Fiscal RJ and Arbiter EJ are disqualified. Atty. Gani should be declared winner. (D) All the candidates who are government officials are deemed resigned upon their acceptance of nomination; and so, Fiscal RJ is winner.

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