Eleclaw 6page
Eleclaw 6page
Eleclaw 6page
1) What law provides for synchronized national and local elections? a. R.A 7188 2) When does the election period commence? b. 90 days before the day of election 3) The campaign period for Barangay Election is ______. d. None of the above 4) The campaign periods shall include: d. None of the above. 5) The Omnibus Election Code governs: b. All election of public officers and, to the extent appropriate, all referenda and plebiscites. 6) An election may be postponed due to _______. d. All of the above. 7) In case a vacancy arises in Congress, who shall call for a special election? b. The COMELEC 8) The period of campaign for Vice-Presidential Election is _____. a. 90 days 9) Z, a citizen of the Philippines, qualified to vote, goes to Atty. X and posits that due to a sudden change of mind, he has decided never to register nor cast his vote for ever. He further contends that the right of suffrage is a free act and that he is a free man. Is he still obliged by law to register and cast his vote? b. Yes, they are 2 obligations imposed by law pursuant to Article 1, Section 4, of the Election Code. 10) Just one day before the election, Romeo, an excellent candidate for councilor, visits his family and relatives. Juliet, another candidate for the same position, contends that he should be disqualified because the campaign period excludes the day before the election. Is the contention of Juliet correct? a. No. A candidate for public office is allowed to visit his family and relatives before & during the day of election. 11) In case of a failure of election, the COMELEC shall call for the continuation of election not held on the basis of ________. a. A verified petition by any interested party and after due notice and hearing. 12) The funds needed by COMELEC to defray the expenses for the holding of regular and special elections shall be provided in the___ b. Regular appropriations of COMELEC 13) X, a public officer in the performance of his election duties, is about to send some documents connected to election and which are required by the Election Code. How is he supposed to send said documents? d. By registered special delivery mail 14) In what language should a printed copy of the Election Code be available in polling places? c. In the national language or in English 15) Can the COMELEC, for a serious cause, postpone an election motu proprio? c. Yes. It is allowed. 16) A day before the election, Marie, a charming woman and a candidate for mayor, visited all her closest friends and begged them to vote for her. Is this allowed? b. No. She cant campaign for herself anymore. 17) A failure of election may be called for on account of ________. d. All of the above 18) The Omnibus Election Code. a. Batas Pambansa Blg. 881 19) Petitions for postponement or for declaration of failure of elections come within the original jurisdiction of the COMELEC en banc. a. True, in fact this is an exception to the general rule that election cases be filed first with and decided by the COMELEC in division. 20) The power of the people under a system of initiative and referendum to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolutions passed by any legislative body is embodied in a. RA No. 6735 21) The remedy where for any serious cause, the holding of free, orderly and honest election should become impossible in any political subdivision is to b. file a petition to postpone the election 22) The remedy if on account of force majeure, terrorism, or fraud, the election in any polling place has not been held on the date fixed is to a. file a petition to declare a failure of election 23) The following are Grounds for postponement/failure of election, except d. Disqualification of a local candidate 24) Which is correct with respect to the term any election as used in the Constitution or the Election Code? d. It includes all elections in the country and refers not only to any election then provided in the laws or in the Constitution but to any election which may thereafter be required to be held pursuant to law 25) This is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose d. Initiative 26) This refer to a petition to approve or reject an act or law, or part thereof, passed by Congress b. Referendum on Statutes
27) This is an electoral process by which an initiative on the Constitution is approved or rejected by the people a. Plebiscite 28) The following are true with respect to the national initiative and referendum, except b. The proposition for the enactment, approval, amendment or rejection of a national law shall be submitted and approved by majority of the votes cast by all the registered voters in the Philippines 29) This is the legal process whereby the registered voters of a local government unit may directly propose, enact or amend ordinance a. Local initiative 30) This is a limitation on recall d. All of the above 31) What is the stand-by power of the COMELEC? a. If it should no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts, the Commission shall fix the other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their right of suffrage 32) This is held when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law b. Special Election 33) The following are preconditions for declaring a failure of election, except a. No voting has been held in any precinct or precincts because of violence, terrorism, loss or destruction of election paraphernalia or records 34) Distinguish Initiative from Indirect Initiative. a. Initiative is the power of the people to propose ame ndments to the Constitution or to propose and enact legislations through an election called for the purpose. Whereas, Indirect Initiative is exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action. 35) The power of initiative and referendum may be exercised by all registered and non -registered voters of the country, autonomous regions, provinces, cities, municipalities and barangays. c. The provision is partly incorrect. It shall only be exercised by all registered voters of the country, autonomous regions, provinces, cities, municipalities and barangays. 36) Preconditions necessary for declaring a failure of election d. A and B only 37) A low turnout of voters can be a ground for failure of election and as a result, a re-election may be held. c. False 38) A recall election was ordered by the COMELEC. A who has been mayor for 3 consecutive terms prior to the election in which the incumbent mayor was elected ran for the mayoralty position. Is he allowed? b. Yes, because the prohibited election refers to the next regular election for the same office following the end of the 3rd term
50) The Vice-President shall serve for 7 years, B. The Vice-President shall not serve more than 2 terms c. A is incorrect and B is correct 51) In case the President-elect fails to qualify who will be the acting President until the President-elect shall have qualified d. VP-elect 52) Unless otherwise provided by law, the regular election for President and Vice-President shall be held on? d. Second Monday of May 53) The convening of the Batasang Pambansa cannot be suspended nor the special election postponed. In the event vacancy occurs, no special elections shall be done for how many days? c. Seventy days before the date of Presidential Election of 1987 54) In case of death, permanent disability, removal from office, or resignation of the President, what process shall we follow? b. The Vice President shall become the President to serve the unfinished term. 55) In case of death, permanent disability, removal from office, or resignation of both the President and Vice President, who shall serve the unexpired term? a. The Senate President 56) The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within how long before the date of the next presidential election? b. Eighteen months 57) A President or acting President shall not make appointments months 60 days before Presidential Elections up to the end of his term except: a. temporary appointments to executive positions when continued vacancies therein will prejudice public service 58) The President and the Vice President elected by the direct vote of the people for a term of 6 years shall begin at: a. 12nn on the 30th day of June next following the day of the election and shall end at noon of the same date, six years thereafter. 59) The Vice President shall serve to a max of how many successive terms? b. 2 60) Which of the following shall not be considered as an interruption in the continuity of the service for the full term the Vice President is elected? a. Voluntary renunciation of the office for any length of time 61) Election returns for the President and Vice President shall be directed to what body that will do all the opening and examination of the authenticity of the certificates of canvass. a. Congress of the Philippines 62) Which of the following events cannot be changed by any ordinary law enacted by the Congress? c. Date of regular election of the President and Vice President correct 63) If the President-elect fails to qualify, whom shall act as President until the President-elect shall have qualified? a. Speaker of the House correct 64) Tom Sawyer is natural-born Filipino. His mother is a Filipina and his father is an American. He obtained a degree March 2017 at Harvard University at the age of 39. He has been a resident of the Philippines since January 2011. Is he qualified to run as President of the Philippines in May 2018 elections? a. No because he is not a resident of the Philippines for 10years 65) The following qualifications are the requirements to be eligible to be the Vice President except: d. An alumna of any local educational institution correct 66) 1st Statement. Rulings of Board of Canvassers (BOC) are appealable to the COMELEC within 3 days from issuance of the ruling. 2nd Statement. Rulings of Board of Canvassers (BOC) are not appealable to the COMELEC within 3 days from issuance of the ruling. a. 1st statement is true
116) The registration of any voter shall not be transferred without written notice at least a. Two days before the date of election 117) COMELEC shall resume the holding of the Barangay election within ________ after the verification that the cause for postponement or suspension has in fact ceased a. 30 days (Article VI, Section 45, OEC) 118) COMELEC shall resume the holding of the Barangay election within ________ after the verification that the cause for postponement or suspension has in fact ceased a. 30 days
135) First statement: The COMELEC may recommend to the Congress effective measures to minimize election spending. Second statement: Such recommendation may include limitation of places where propaganda materials shall be posted. c. Both statements are correct. 136) Pardon, amnesty, parole or suspension of sentence for violation of the election laws, rules and regulations may not be granted by the President unless: a. There is a favorable recommendation by the COMELEC. 137) First statement: The election period shall commence ninety days before the day of election and shall end thirty days thereafter. Second statement: But the COMELEC may fix such period in special cases b. Both statements are correct. 138) Which of the following is incorrect: c. Such publication shall be for a period of ninety days. 139) In order to summon the parties to a controversy pending before it the COMELEC may: a. Issue subpoena and subpoena duces tecum. 140) The following are the powers and functions of the COMELEC except: b. To initiate plebiscite, initiative, referendum and recall. 141) First statement: The COMELEC may recommend to the Congress effective measures to minimize election spending. Second statement: Such recommendation may include limitation of places where propaganda materials shall be posted. c. Both statements are correct. 142) 1st Statement. COMELEC and other prosecuting arms of the government have concurrent power to conduct preliminary investigation of all election offenses. 2nd Statement. COMELEC and other prosecuting arms of the government does not have concurrent power to conduct preliminary investigation of all election offenses. a. 1st statement is true 143) 1st Statement. Pre-Proclamation Controversies are raised before the Board of Canvassers (BOC) or the COMELEC as soon as the illegality arises 2nd Statement. Pre-Proclamation Controversies are not raised before the Board of Canvassers (BOC) or the COMELEC as soon as the illegality arises. a. 1st statement is true 144) The chairman and members of the Commission shall be subject to _______ in the discharge of their functions. a. Canons of Judicial Ethics 145) Which is not a duty and responsibility of the Commission in ensuring enforcement of an election? d. To arrest, detain any suspected violators including candidates and their respective supporters 146) To ensure enforcement of elections the Commission can ask for the assistance of the following except: b. Commission on Audit 147) A party contesting the competency of the Chairman or a Commissioner may: d. File his objection to the Court of Appeals stating the grounds therefor. 148) How can the Commission delegate its powers? c. Through its Watchers 149) Provincial Election Office is headed by? c. Provincial Election Supervisor 150) The Commission shall have exclusive charge of a. Enforcement of administrative laws 151) What can the Commission do to any officer or employee who violates election law? c. Sanction Him 152) Who can deputize for the Commission to ensure the holding of free, orderly and honest elections? a. NBI 153) In case of conflict between rules, regulations, orders or directives of the Commission in the exercise of its constitutional powers and those issued by any other administrative office or agency of the government concerning the same matter relative to elections. Which shall prevail? a. Constitutional Powers 154) Can the Comelec conduct hearings like courts? a. Yes 155) Which of the following questions affecting election does not fall under COMELEC jurisdiction c. resolving issues involving right to vote 156) The following are powers granted to COMELEC, except a. Power to include and exclude voters 157) A Controversy submitted to the Commission shall, after compliance with the requirements of due process, be immediately heard and decided by it within how many days? b. 60 days from submission thereof 158) The enforcement of the election law and the inquiry into and resolution of dispute or controversy dealing with elections, other than what is expressly withheld are entrusted to d. Commission on Elections 159) The Chairman and Commissioners can be removed from office on impeachment for conviction of the following, except c. Murder 160) The following cases involve COMELECs administrative supervision and control, except d. Questions on whether or not a candidate is entitled to use a particular name
161) Decisions or final orders in election cases cognizable by the COMELEC in division at the first instance become final and executory unless a motion for reconsideration thereof is filed within b. 5 days from notice thereof 162) Who has the jurisdiction over petitions for disqualification of municipal, provincial, city and congressional elective officials filed before the elections? a. COMELEC 163) Which of the following statements is false in connection with the exclusive authority of the Commission to investigate and to prosecute election offenses before the regular courts, whether committed by public officers or private persons if warranted? b. Election offenses committed by election officials in relation to their office can be investigated and prosecuted by the Commission and the Ombudsman 164) Book of voters may be annulled d. All of the above 165) The following are the requisites for the filing of quo warranto, except b. Filed on the grounds of eligibility or loyalty to the Republic of the Philippines 166) The following are requirements for the members of the COMELEC, except b. At the time of their appointment, at least thirty years of age
187) The following qualifications are true for a Sectoral Representative, except e. A resident of the constituency for a period of not less than 1 year immediately preceding the day of the election 188) Which of the following can be a ground for cancellation of registration of any national, regional, sectoral party, organization or coalition e. All of the above 189) Which of the following statements is incorrect? c. A political party refers to an organized group of citizens belonging to any of the following: labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, etc. whose principal advocacy pertains to the special interest and concerns of their sector 190) The following are the rights and privileges of a political party except for: a. To be voted upon as a party 191) Party-list representatives shall constitute _________ of the total number of representatives including those under the party-list d. twenty per centum (Article VI, Section 5, 1987 Constitution) 192) Party-list shall include the following sectors except b. Religious Groups (Article VI, Section 5, 1987 Constitution)
207) When does petition may be filed? b. It shall be filed at any time not later than twenty-five (25) days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election. 208) What is the kind of candidate that is nominated by a certain political party to join them and support them but he or she does not belong to the said political party? c. Guest Candidate 209) How many days are the posting of certified consolidated list of candidates? c. At least ten (10) days before the Election Day 210) What is not an Independent Candidate? c. A person whose nomination has been submitted by a registered political party 211) Without delay, after 12:00 oclock midnight of the last day for filing certificate of candidacy, the receiving officer shall close the record book by placing a line immediately after the last entry and writing the word _____. He shall then affix his signature immediately below the word and indicate the date and exact time of closing. c. CLOSED 212) Where do the Members of the House of Representatives for legislative districts in the National Capital Region file their certificate of candidacy? c. Regional Election Director, NCR 213) The provisions of the election law which candidates for office are required to comply are generally regarded as compulsory. Thus, the provisions prescribing the qualifications of candidates, requiring the filing of certificates of candidacy, defining election offense, and limiting the period within which to file election contests, are mandatory and failure to comply with such provisions are fatal. c. The provisions of the election law which candidates for office are required to comply are generally regarded as mandatory. 214) The number of legible copies of certificates of candidacy to be filed by any person running for the office of President, Vice-President and Senator shall be: c. 5. 215) The number of legible copies of certificates of candidacy to be filed by any person running for member of the House of Representatives shall be: a. 5. 216) The certificate of candidacy for President, Vice-President and Senators shall be filed in: b. The main office of the COMELEC in Manila. 217) The certificate of candidacy for provincial offices shall be filed with: c. The provincial election supervisor. 218) Cong. Makisig renounced his office on his fourth month as Congressman during his third term as an elected representative of District III of Manila since he needed to leave the country for a major operation in Paris, France. When he went back to Manila after his renunciation of office, the next national election will be held and his constituents were all delighted and convinced him to run again in the congressional position. Will the COMELEC approve his candidacy? c. No, because he has served for three-consecutive term. 219) What is a candidate? b. a person seeking for or seeking an elective public office who has filed a certificate of candidacy by himself or through an accredited political party, agroupment or coalition of parties 220) What is a certificate of candidacy? b. statement of a person seeking to run for public office certifying that he announces his candidacy for the office mentioned and that he is eligible for the office, the name of the political party which he belongs and his post office address for all election purposes being well stated 221) What is the purpose of the law in requiring the filing of the certificate of candidacy and in fixing the time limit therefor? b. to avoid confusion and inconvenience in the tabulation of votes cast 222) How should a withdrawal of a certificate of candidacy be made? b. submit to the office concerned a written declaration under oath 223) Who are those considered as ipso facto resigned from office upon filing of a certificate of candidacy? b. a,d and c 224) If a candidate dies, withdraws or is disqualifed for any cause who may file a certificate of candidacy to replace him? b. a person belonging to and certified by the same political party 225) What is a petition for voters inclusion/exclusion? b. application to be registered as a voter 226) How can a cancellation of a certificate of candidacy be justified? b. if the candidate gives false representation 227) What are the instances where a petition questioning the qualifications of a registered candidate to run for office can be raised under the code? b. a and c 228) What is the remedy if the winning candidate was not eligible to run for the office? b. contest his election after he has been duly proclaimed
229) A person is disqualified to be candidate if he has been sentenced to a penalty for more than how many months for a crime involving moral turpitude? b. 18 months 230) The disqualification of a candidate shall be removed after _____ years from his service of sentence. b. 5 years 231) What COMELEC Resolution provides the rules on the procedure in dealing with the manner of disposing of cases of disqualification under the code? b. Comelec resolution 2050 232) What is the effect of a disqualification case? b. after final judgement a candidate shall not be voted for 233) What is the purpose of a disqualification proceeding? b. a, c and d 234) Is the filing of a petition for disqualification a ground to suspend the proclamation of a winning candidate? b. no 235) Is a candidate who obtained the second highest number of votes deemed a winner if the candidate who got the highest number of votes disqualified? b. no 236) If a duly elected mayor is adjudged to be disqualified what will happen? b. the duly elected vice mayor will replace him 237) Can A, who wrote in his certificate of candidacy that he is an engineer by profession although he is not, be held liable for falsity of material representation in his certificate of candidacy? c. No, because profession is not a qualification for elective office 238) The following are considered nuisance candidates, except c. Those who committed acts of terrorism to enhance his candidacy Those candidate that has no bona fide intention to run 239) Which of the following shall have no ministerial duty to receive the Certificate of Candidacy e. None of the above 240) A petition to deny due course to or cancel a certificate of candidacy may be filed by any person against a candidate on the ground of false representation at any time not later than how many days? a. Twenty-five days from the time of the filing of the certificate of candidacy 241) Substitution of Candidates in case of Death, Disqualification or Withdrawal may be done b. After the last day for the filing of certificates of candidacy 242) X, is the current governor of Napukaw Province. He committed a crime and has been sentenced to a penalty for 7 months therein. However, he has been given a plenary pardon or granted amnesty. The question is, is he disqualified or not? Decide the case. d. No, because the provision provides or mentioned unless he has been given a plenary pardon or granted amnesty. Hence, the absence of such will absolutely result to a disqualification of a public officer as provided by the law. 243) A person shall be deemed not to have lost his original residence with these circumstances, except: d. In cases of overseas Filipino workers staying in the country for less than 6 months every year; 244) When may a petition to deny due course to or to cancel a certificate of candidacy be filed d. Anytime not later than 25 days from the time of filing of certificate of candidacy 245) Jurisdiction over a petition to cancel a certificate of candidacy lies with the c. COMELEC in division 246) A is a candidate for councilor in Manila. Before the elections, A died and his son B filed his certificate of candidacy as a replacement for his father A. Come the results of the election the votes are as follows: A 100 votes, B 50 votes and C 130 votes. This is how the votes for A, the deceased, should be considered. b. Stray votes 247) A in his certificate of candidacy did not indicate on the space provided therein the precinct where he was a registered voter as a result, he was deemed as a nuisance candidate by the COMELEC and as such was subject to the prescribed reglementary periods for the same thus, his certificate of candidacy was disqualified. Given the facts, should A be considered a nuisance candidate? b. No 248) To be elected as President of the Philippines, one must be at least forty (40) years of age on the: b. Day of the election 249) What is the required age for a Presidential candidate? b. 40 years of age 250) Which of the following functions does not involve the exercise of quasi-judicial power of the COMELEC d. Determination of the existence of probable cause 251) Which of the following statements is false c. If a person files for more than one position, he shall be eligible for the first one he filed
252) The following persons are disqualified from running for any elective local position, except e. None of the above 253) In changing residence and in order to acquire a new domicile by choice, it is required f. Concurrence of a, b and c are required 254) What is guest candidacy? a. Nomination or support by a political party of candidates not belonging to it 255) The following statements are true with respect to meeting the residence requirement for an elective position, except c. In showing compliance with the residence requirement, both intent and actual presence in the place where the candidate intends to run is already satisfactory regardless of the length of time prescribed by the Constitution or by law. 256) Jose was sentenced to a penalty of 20 months imprisonment. Thereafter, he received plenary pardon. Is he now qualified to run for public office? b. Yes, provided he also possesses all other requirements for eligibility with respect to the position or office concerned. 257) Sarah, a brilliant woman, has just been declared by competent authority to be insane. However, she is not really insane, but only misunderstood due to her eccentric ways. Considering the erroneous declaration of insanity, is she still disqualified to run for public office? b. Yes, until the declaration of insanity is removed by competent authority. 258) Which of the following is a ground for disqualification of a candidate under the Omnibus Election Code? d. Sentenced by final judgment for subversion, insurrection, rebellion or any offense for which he has been sentenced to a penalty of more than 18 months imprisonment 259) The following are disqualified to run for elective position except c. A 30 year old high school dropout 260) In case the person in charge for receiving the certificate of candidacy refuses to receive the same or is not available, the certificates shall be filed with: a. The election registrar of the city or municipality concerned
272) Which statement is true: FIRST STATEMENT: Whenever practicable, the Commission shall also designate and provide for a common poster are in strategic places in each town wherein candidates can announce and further their candidacy through posters, said space to be likewise allocated free of charge, equally and impartially by the Commission among all the candidates concerned SECOND STATEMENT: The Commission shall procure space in at least one newspaper of general circulation in every province or city: Provided, however, that in the absence of said newspaper, publication shall be done in any other magazine or periodical in said province or city, which shall be known as "Comelec Space" wherein candidates can announce their candidacy. Said space shall be allocated, free of charge, equally and impartially by the Commission among all candidates within the area in which the newspaper is circulated. c. BOTH STATEMENTS 273) The following are prohibited intervention of any foreigner in connection with any election campaign except c. To converse/talk to any candidate during the campaign period 274) The following are lawful election propaganda, except c. to erect, put up, make use of, attach, float or display any billboard, tinplate-poster, balloons and the like, of whatever size, shape form or kind, advertising for or against any candidate or political party 275) It shall be unlawful for any person or any party to engage in election campaign or partisan political activity except: c. during the campaign period
289) The place for filing statements of contributions and expenditures of those candidates for President and Vice President shall be with: d. The Commission 290) If statements of contributions and expenditures are sent via mail, the filing date to be considered shall be: d. The date on which is registered with the post office 291) FIRST STATEMENT: The form and contents of statement shall be in writing, subscribed and sworn to by the candidate or by the treasurer of the party. SECOND STATEMENT: It shall be complete as of the date next preceding, the date of filing and shall set forth in details as to the amount of contributions, expenditures b. Both statements are true 292) The preservation and inspection of statements of contributions and expenditures shall be kept and preserved at the office where they are filed. They shall constitute part of public records thereof for three years after the election to which they pertain. They shall only be removed when: d. Upon the order of the Commission or competent court and an officer-in-charge to copy furnish of certified copies after payment of such prescribed fees. 293) The effect of failure to file statement of contributions and expenditure of a candidate and treasurer of the political party within (30) days after the day of election, shall constitute: a. An administrative offense and to pay fine as prescribed as proved in this provision 294) Report of contractor and business firms are not subject to be filed with the Commission within thirty days after the day of election: b. False 295) Election expenses as may be necessary and reasonable in connection with the elections, referenda, plebiscites and other similar exercises shall be paid by the Commission. d. The provision is not sufficient. Election expenses as may be necessary and reasonable in connection with the elections, referenda, plebiscites and other similar exercises shall be paid by the Commission except in barangay elections. 296) It includes gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the elections c. Contribution 297) Failure to file the statements or reports in connection with electoral contributions and expenditures as required shall b. subject the offender to perpetual disqualification to hold public office 298) Every candidate and treasurer of the political party shall file in duplicate with the offices of the Commission, the full, true and itemized statement of all contributions and expenditures in connection with the election c. within 30 days 299) Which of the following statements is true? c. It shall be unlawful for any foreigner, whether juridical or natural person, to directly or indirectly take part in or influence in any manner any election or to contribute or make any expenditure in connection with any election or partisan political activity
310) If eighteen (18) is the minimum voting age, are fifteen (15) years of age allowed to vote? b. No, because the age requirement is expressly provided for by the Constitution 311) Is registration a condition precedent in order to confer the right to vote? b. Yes, but a registration is a regulation, not a qualification 312) Which of the following instances is false as regards to the Personal Overseas Absentee Registration? a. Qualified citizens of the Philippines abroad who failed to register in R.A.No. 8189 cannot apply for registration with the Election Registration Board 313) Exercises original jurisdiction involving voters exclusion/inclusion cases a. Municipal Trial Court 314) Remedy available to an aggrieved party if the list of voters in precinct is affected by fraud, bribery, forgery or force is to d. file a case of annulment of list of voters 315) The theory on suffrage prevailing in the Philippines c. Both a and b 316) What are the rights of voters excluded through inadvertence or registered with erroneous or misspelled name? b. The right to file an application on any date with the proper municipal or metropolitan trial court, for an order directing that his name be reinstated in the list or that he be registered with his correct name 317) Every citizen who is qualified to vote is obliged to ________. c. Register and cast his vote
335) Before the day of the election, referendum or plebiscite, who shall, through its authorized representatives, see to it that all polling places are inspected and such omissions and defects as may be found corrected. At the same time shall keep the reports on these inspections d. Commission on Election. 336) The commission may c. Introduce adjustments, changes, or new divisions or abolish election precinct provided that the territory comprising an election precinct shall not be altered or a new precinct established within 45 days before a regular election and 30 days before a special election or a referendum or plebiscite
393) How will the election returns for the provincial and district board of canvassers be delivered and transmitted? b. The copy of the election returns of a polling place shall be personally delivered by the members of the board of election inspectors to the election registrar for transmittal to the proper board of canvassers under proper receipt to be signed by all the members thereof. 394) Who holds the keys to the padlocks of the ballot box where all the returns are placed? c. Chairman of the COMELEC 395) When will the board of canvassers meet to receive the election returns for immediate canvassing? c. Not later than 6 pm of the Election Day 396) In only what purpose can the board of canvassers adjourn from canvassing the votes? a. Awaiting the other election returns from other polling places within its jurisdiction. 397) How many hours does the board of canvassers have to complete their canvass in the municipalities? b. 36 hours 398) How many hours does the board of canvassers have to complete their canvass in cities? c. 48 hours 399) How many hours does the board of canvassers have to complete their canvass in provinces? d. 72 hours 400) How many copies of a certificate of canvass supported by a statement of votes received by each candidate in each polling place does the provincial and city boards of canvassers need to prepare with respect to the election for President and Vice-President? d. Five copies - For the Speaker of the Batasang Pambansa, for the COMELEC, for the provincial election supervisor, city Election Registrar, and each for the two accredited political parties. 401) Who are the persons not allowed inside the canvassing room? d. All of the above 402) In what instances can the board of canvassers use the authentic copies or certified copy of election returns? b. When the election returns are lost or destroyed 403) How will the board of canvassers decide who will be proclaimed as the winner if two or more candidates have received an equal and highest number of votes, or in cases where two or more candidates are to be elected for the same position and two or more candidates received the same number of votes for the last place in the number to be elected? c. The board of canvassers will draw lots and whoever was picked shall be proclaimed the winner 404) In what cases will the proclamation of elected candidates be hindered? d. All of the above 405) Who will be assigned as a Chairman for the provincial or city board of canvassers? b. Provincial election supervisor/city election registrar or a lawyer of the Commission 406) Board of Canvassers are consist of: e. All of the Above 407) Are members or substitute member of the different boards of canvassers shall be transferred, assigned or detailed outside of his official station, nor shall he leave said station without prior authority of the Commission. b. No they are not allowed 408) Any member of the board of canvassers feigning illness in order to be substituted on election day until the proclamation of the winning candidates shall be guilty of an: a. Election Offense 409) _______ vote of all the members of the board of canvassers shall be necessary to render a decision d. Majority 410) How many days shall be the Notice of meeting of the board? b. 5 411) Who shall be in charged of safe keeping of the Election returns: c. Board of Canvassers 412) The board of canvassers shall meet not later than _______ in the afternoon of election day at the place designated by the Commission to receive the election returns and to immediately canvass those that may have already been received: d. 6 pm 413) X run as candidate and was able to win the election. However, he fails to take his oath. Decide his case. b. The proclamation of X is considered as vacant. Provided, that such failure is for a cause/s beyond his control. 414) A proclamation based on incomplete returns is d. void
439) The following can be Adjudicators in an Election Contest, COMELEC/ RTC/ SUPREME COURT. a. The Statement is Correct 440) Ordinary Actions shall refer to Election Protests, Quo warranto, and Appeals from decisions of courts in election protest cases. a. The Statement is Correct 441) Special Actions shall refer to Petitions to deny course to certificate of candidacy, to declare a candidate as a nuisance candidate, to disqualify a candidate or to postpone or suspend an election a. The Statement is Correct 442) Special Cases shall refer to Pre-proclamation cases. a. The Statement is Correct 443) Special Reliefs shall refer to Certiorari, Prohibition, Mandamus and Contempt. a. The Statement is Correct 444) Provisional Remedies shall refer to injunction and/or restraining order. a. The Statement is Correct 445) Special Proceedings shall refer to annulment of permanent list of voters, registration of political parties and accreditation of citizens' arms of the Commission. a. The Statement is Correct 446) The reglementary period to decide election protests cognizable by the COMELEC is c. the law/rule is silent 447) The reglementary period for filing presidential election protest is d. 30 days from proclamation 448) What is the nature of an election contest? a. Summary Proceeding 449) Refers to questions of disloyalty or ineligibility of the winning candidate. It is a proceeding to unseat the ineligible person from office, but not to install the protestant in his place. c. Quo Warranto 450) What is the period for filing an election protest? b. Within 10 days upon proclamation of the results of the election 451) What is the period for filing a Quo Warranto? b. Within 10 days upon proclamation of the results of the election 452) What is the effect of the death of a protestant on an election contest? a. It does not necessarily extinguish an election protest. 453) In an election protest, who shall docket the protest and raffle the case to either the first or second division of the Commission? d. Election Contest and Adjudication Department 454) Within how many days shall the Commission decide on the election contest? d. 30 days from the date it is submitted for decision. 455) Which of the following is a reason to grant an execution pending appeal in an election contest? d. All of the above. 456) What is the purpose of an election contest? a. To ascertain the candidate lawfully elected to office. 457) Who may file an election protest? b. Can only be filed by a candidate who has duly filed a certificate of candidacy and has been voted for. 458) Who may file a quo warranto? a. Can be filed by any voter. It is for this reason that it is not considered a contest where the parties strive for supremacy. 459) Which is not a ground for summary dismissal of an Election Contest? c. There is a material misrepresentation contained in the protest.
472) If the discovery of the offences made in an election the contest proceedings, the period of the prescription shall commence on the date on which the judgment in such proceeding? d. 5 years 473) Which court has an exclusive original jurisdiction to try and decide any criminal action or proceedings for the violation of the code? b. COMELEC officials and prosecuting officials. 474) The investigation and prosecution of cases involving violations of election laws shall be given preference and priority by the? a. six years and one day not more than twelve years, with the accessory penalty of election offences. b. four years six months and one day not more than twelve years, with the accessory penalty of election offences. 475) The investigation shall be commence without delay, and shall be resolve by the investigating officer within? a. five days from its submission for resolution. 476) The court shall likewise give preference to the election offences over all other cases, except petition for? d. HABEAS CORPUS under rule 102 of the rules of court. 477) As defined in the Revise Penal Code, person who criminally liable in election offenses are? d. All of the above 478) Any political party found guilty shall be sentenced to pay the fine not less than? a. ten thousand pesos 479) In the event that the Commission fails to act on any complaint within _____ months from his filing, the complainant may file the complaint with the office of the fiscal or with the Ministry of Justice for proper investigation and prosecution, if warranted. d. 4 months 480) If the offense charged is punishable under a presidential decree whether originally or by amendment of a previous law, the death penalty shall not be imposed upon the offender except where? c. murder, rape or arson is involved. 481) The penalty shall not be higher than _________ and the offender shall be entitled to reasonable bail upon sufficient sureties to be granted speedily by the competent court. Moreover, loss of the right of citizenship and confiscation of property shall not be imposed c. reclusion perpetua 482) Any person found guilty of the offense of failure to register or failure to vote shall, upon conviction, be fined and he shall suffer disqualification to run for public office in the next succeeding election following his conviction or be appointed to a public office for a period? a. of one year following his conviction 483) The director of prisons, provincial warden, keeper of the jail or prison, or persons who are required by law to keep said prisoner in their custody shall, if convicted by a competent court, be sentenced to suffer the penalty of? b. prision mayor in its maximum period if the prisoner or prisoners so illegally released commit any act of intimidation, terrorism of interference in the election. 484) The trial shall likewise be commenced without delay, and shall be conducted continuously until terminated, and the case shall be decided? c. within 30 days from its submission for decision. 485) Person who operates a radio or television station who without justifiable cause discriminates against any political party, coalition or aggroupment of parties or any candidate in the sale of air time. In addition to the penalty prescribed herein, such refusal shall constitute a ground for cancellation or revocation of the franchise? a. Prohibition against discrimination in the sale of air time. 486) when the circumstances require immediate action, the Commission may issue a temporary order allowing the assignment of any member of the Philippine Constabulary or the local? c. local police force to act as bodyguard or security guard of the candidate, subject to confirmation or revocation. 487) The Commission is empowered to assign at the candidates choice, any member of the Philippine Constabulary or the police force of any municipality within the province to act as his bodyguard or security guard in a number to be determined by the Commission but not to exceed? c. three per candidate. 488) Prohibition against release, disbursement or expenditure of public funds. Any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries, who, during? d. thirty-five days before a regular election and thirty days before a special election, releases, disburses or expends any public fund. 489) During the election period, whenever the Commission finds it necessary for the promotion of free, orderly, honest and peaceful elections in a specific area, it shall confiscate or order the confiscation of firearms of any member or members of the Armed Forces of the Philippines except. d. all of the above 490) The jurisdiction over election offenses lies with the d. exclusive and appellate jurisdiction of the COMELEC
491) In People V. Usana (323 SCRA 755), the search for guns in pursuance to the gun ban during election, have given the deputized agents of the COMELEC a better implementation of the said order. c. valid, by way of exception 492) The Regional Trial Court has the exclusive jurisdiction to try and decide any criminal action or proceeding for violations under section 268 of the Omnibus Election Code. c. true with exception 493) The law governing electoral contests are construed: c. Liberally to ascertain the will of the people 494) The remedy available to those whose names were stricken out from the list of voters is to: b. file an inclusion case 495) The prescriptive period for election offenses is b. five years from the date of commission