Question XI, Political Law, 2017 Bar Exam

Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the Houses of Congress, and makes each Electoral Tribunal “the sole judge of all contests relating to the election, returns, and qualifications of their respective Members.” On the other hand, Sec. 2(1), C (Commission on Elections), Art. IX of the Constitution grants to the COMELEC the power to enforce and administer all laws and regulations “relative to the conduct of an election, plebiscite, initiative, referendum, and recall.”

Considering that there is no concurrence of jurisdiction between the Electoral Tribunals and the COMELEC, state when the jurisdiction of the Electoral Tribunals begins, and the COMELEC’s jurisdiction ends. Explain your answer. (4%)

Suggested Answer:

The jurisdiction of the Electoral Tribunal begins after concurrence of the following: (1) a valid proclamation; (2) a proper oath, and, (3) assumption of office. Prior to completion of these requisites, jurisdiction is with the Commission on Elections.
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