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VVocatus · Bar Exam Practice

Political Law, 2019 Bar — Question B.19-C

Political Law
2019 BarPolitical LawQ. B.19-C

QUESTION

Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District of Batanes. After a close electoral contest, he won by a slim margin of 500 votes. His sole opponent, Y, filed an election protest before the Commission on Elections (COMELEC), claiming that X should be disqualified to run for said position because he is not a natural-born citizen. While the case was pending, X was proclaimed by the Provincial Election Supervisor of Batanes as the duly elected Congressman of the province. (c) Did X’s proclamation divest the COMELEC of its jurisdiction to decide the case and vest the House of Representatives Electoral Tribunal (HRET) jurisdiction to hear the case? Explain. (2%)

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