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...