Political Law, 2011 Bar — Question 55

MULTIPLE CHOICE

Xian and Yani ran for Congressman in the same district. During the canvassing, Yani objected to several returns which he said were tampered with. The board of canvassers did not entertain Yani’s objections for lack of authority to do so. Yani questions the law prohibiting the filing of pre-proclamation cases involving the election of Congressmen since the Constitution grants COMELEC jurisdiction over all pre-proclamation cases, without distinction. Is Yani correct? (A) Yes, the Constitution grants jurisdiction to COMELEC on all pre-proclamation cases, without exception. (B) No, COMELEC’s jurisdiction over pre-proclamation cases pertains only to elections for regional, provincial, and city officials. (C) No, COMELEC’s jurisdiction over pre-proclamation cases does not include those that must be brought directly to the courts. (D) Yes, any conflict between the law and the Constitution relative to COMELEC’s jurisdiction must be resolved in favor of the Constitution.

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