Question B.11, 2019 Political Law Bar Exam

B.11.

(Question B.11, Political Law, 2019 Bar Exam)

Atty. G ran for Governor of the Province of Pampanga, while his close friend, Atty. M, ran for Mayor of the Municipality of Guagua, Pampanga. They both won convincingly. Eventually, the losing candidates timely filed election protests. The losing gubernatorial candidate, Mr. A, filed his protest before the Regional Trial Court of Pampanga (RTC), whereas the losing mayoralty candidate, Mr. B, filed his protest before the Municipal Trial Court of Guagua, Pampanga (MTC).

(a) What are the term limits for the positions of Atty. G and Atty. M? (1%)

(b) Does the RTC have jurisdiction over the case filed by Mr. A? Explain. (2%)

(c) Does the MTC have jurisdiction over the case filed by Mr. B? Explain. (2%)

Suggested Answer:

(a) Under the Local Government Code, three (3) years is the term limit for Atty. G as Governor and Atty M as Mayor.

(b) No, RTC does not have jurisdiction over the case filed by Mr. A. Under the 1987 Constitution, COMELEC exercises exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials.

(c) No. MTC does not have jurisdiction over the case filed by Mr. B. Under the COMELEC Rules of Procedure, Regional Trial Courts shall have exclusive original jurisdiction over contests relating to the elections, returns and qualifications involving elective municipal officials.

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(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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