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VVocatus · Bar Exam Practice

Political Law, 2018 Bar — Question VI

Political Law
2018 BarPolitical LawQ. VI

QUESTION

Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on Elections (Comelec), was proclaimed as one of the winning party-list groups in the last national elections. Its first nominee, Alejandro, assumed office as the party-list representative. About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled Alejandro from the party for disloyalty and replaced him with Andoy, its second nominee. Alejandro questioned before the Comelec his expulsion and replacement by Andoy. The Comelec considered Alejandro’s petition as an intra-party dispute which it could resolve as an incident of its power to register political parties; it proceeded to uphold the expulsion. Is the Comelec’s ruling correct? (5%)

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