Law Dictionary

Question B.19, Political Law, 2019 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question B.19, Political Law, 2019 Bar Exam

Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District of Batanes. After a close electoral contest, he won by a slim margin of 500 votes. His sole opponent, Y, filed an election protest before the Commission on Election (COMELEC), claiming that X should be disqualified to run for said position because he is not a natural-born citizen. While the case was pending, X was proclaimed by the Provincial Election Supervisor of Batanes as the duly elected Congressman of the province.

(a) Distinguish between natural-born and naturalized citizen under the 1987 Constitution, (2%)

(b) Is X qualified to run for Congress? Explain. (1%)

(c) Did X’s proclamation divest the COMELEC of its jurisdiction to decide the case and vest the House of Representatives Electoral Tribunal (HRET) jurisdiction to hear the case? Explain. (2%)

Suggested Answer:

(a) Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. On the other hand, naturalized citizens are those who acquired or elected to become Filipino citizens via the legal process of naturalization.

(b) No. Answer

Under the 1987 Constitution, only a natural-born Filipino citizen may run and hold office as a Member of the House of Representatives. Rule

In the case at bar, X is a naturalized citizen and not a natural-born Filipino. Accordingly, he is disqualified from running and holding office as a Members of the House of Representative. Apply

Thus, X is not qualified to run for Congress. Conclusion

(c) No. Answer

Under jurisprudence, HRET has jurisdiction of an election contest against a Member of the House Representatives if once all of the following requisites are met: (1) a valid proclamation; (2) a proper oath, and, (3) assumption of office. Rule

In the case at bar, X has not yet taken oath and assumed office. Accordingly, COMELEC still has jurisdiction. Apply

Thus, the proclamation of X did not divest COMELEC of its jurisdiction to decide the case. Conclusion

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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