MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
ARTICLE RTI CLE I: GENE GENERAL RAL PROVI PROVISIONS
1) What la law provides for for synchronized synchronized nationa tional and local local elections? a. R.A R.A 71 7188 b. R.A R.A 71 7166 c. R.A 71 7186 d. R.A R.A 71 7168 2) When does theelection peri period od commence? a. On the the datefixed by COM COME ELEC b. 90days before the the day of election c. After thecandida ndidates havefile iled the their CO COC d. None one of the the above ove 3) Thecampaign period riod for Bara Barang ngay Election lection is ___ __ ____. a. 10 days b. 20 days c. At lea least 15 15 days d. None one of the the above ove 4) Thecampaign pe periods riods shall include include: a. Theday be before and theday of the election. b. Theday before theelection. lection. c. The Elec lection tion Day itse itself. d. None one of theabove bove. 5) TheOmnibus nibus Election lection Codegoverns: rns: a. All election lection issue issues and controv controve ersies. rsies. b. All election lection of publi public c office off icers rs and, nd, to the extent appropri ppropria ate, a allll refe referendaand ple plebiscit biscite es. c. All ele elec ction of public public off office icers only only.. d. Wha Whatever the the CO COME MEL LEC provid provide es. 6) An election lection may be be pos postpone tponed du due to __ _______. a. Anyserious cause. b. Viole iolence nce or any any forcemajeure jeure.. c. Loss oss of of ele elect ction ion record cords s. d. All All of the the above ove. 7) I n casea vacancy arise rises in Cong Congres ress, who sha shall call for a spe special electi election? on? a. The Pres President b. The The COM OMELEC ELEC 1
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. Thepeople throug through referend rendum um d. None one of the the above ove 8) Theperiod of of cam campaign ign for Vice Vice-Pre -Pres sidential Ele E lection ction is ___ __ ___. a. 90 days b. 45 days c. 30 days d. 70 days 9) Z, a citi citize zen of the Phili Philipp ppine ines, s, qua qualif lified to vote, goe goes to Atty Atty.. X and pos posits its that due to a sudden change of mind, he has decided cided never to to reg register nor nor cast his his vote for ever. He furthe further contends that that the the rig right of suf suffrage is a free act and that he is a freeman. I s he stil still obli obliged by law to re register ster and cast his his vote? a. No. No. b. Y es, they are 2 oblig obligations tions impos impose ed by law pursu pursuant to Arti Article cle 1, 1, Section 4, of the Election Code Code. c. Y es, becausehe might have another change of mind someday. d. No, a voter voter has therig right to vote and an equal rig right not to vote. 10) J ust one day before ore the election, ction, Rome Romeo, an excellent candi candida date for for councilor, councilor, visits visits his his family and rel relative tives. Juli Julie et, anothe anotherr candida candidate te for the same positi position, on, cont contends ends that he should should be disqua disqualified because the campaign period riod exclude excludes the day before the election. ction. I s the contenti contention on of J ulie uliet correct? a. No. A candida ndidate for publi public c office office is allow llowe ed to visit visit his fa family ily and relati relative ves before and/ or during the day of election. ction. b. Y es, said act of Romeo is is considered idered a part of of his campaign. c. No. Due Due to the conf conflict lict of intere interest, st, she she cannot nnot validly lidly raise such contention. d. Y es. A candidate ndidate is not not al allowed to leave his his house house before and during ring the da day of election. ction. 11) I n caseof a failure ilure of election, lection, the COM COMELEC sha shall call for the continua continuation of electionno ction nott held on the thebasis of __ _ _______. a. A verif rified petiti tition on by any interested ted party and after ter due notice and hearing. ring. b. A verified rified petition tition. c. A noticeand hearing. ring. d. None one of theabove bove. 2
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
12) The funds unds needed by COM COMELEC to def defray ray the expense nses for for the the holding holding of regular and special elections shall be provided in the _________. a. Special approp ppropria riation tions s of COME COMEL LE C b. Regular lar approp ppropria riation tions s of COME COMEL LE C c. Senatebill d. Budget approve approved byCongress. ss. 13) X, a public public off officer in in the performa rformance of his el election ction duties, duties, is is about to send some documents connected connected to election election and which are required required by the Election ction Code. Code. How How is is hesupposed to send send said documents? a. By ordina ordinary mail b. By e-mail c. By registered mail d. By reg registere istered d spe special cial delive livery mail
14) I n what la language should should a printe printed d copy of the El Election ction Code Code be be available in in polling places? a. I n Eng English lish and in the national la language b. I n any language most unde understood by thepeople ople c. I n the the national la language or in Eng English lish d. I n Eng Englis lish proprio 15) Can theCO COM MELEC, for a se serious rious ca cause use, postponean election election motu propr ? a. No. A verified rif ied petition tition must fir first st be be file iled by by a proper party. rty. b. No. The There must ust be due due notice and afair hea hearing ring. c. Y es. It It is allowe llowed. proprio o d. Y es, but but it cannot nnot do do not not throug through motu propri .
16) A day before ore the election, ction, Marie rie, a charming woman and a candida ndidate for for mayor, vi visite sited all her closes closest fri frie ends and begged themto vote vote for for her. I s this this allowed? a. Y es, because use the they are her close closest fri frie ends. nds. b. No. Shecan’t campaign for for herse herself anymore. ore. c. Y es, said act is is not conside considere red d a part of her cam campaign. d. No, she should should have just contacted their mobile obile phone phones. 17) A failure ilureof election lection ma may becalle lled for on accou ccount nt of __ _ _______. a. Viole Violence b. Fra Fraud c. Force Force majeu jeure 3
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. All of the above 18) TheOmnibus Election Code. a. Batas Pambansa Blg. 881 b. Batas Pambansa Blg. 888 c. Batas Pambansa Blg. 886 d. Batas Pambansa Blg. 889 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 befiled first with and decided by theCOMELEC in division. b. True, the COMELEC is an independent constitutional body. It may decide whatever cases whether in division or in en banc. c. False, the COMELEC’s duty is only to show itself during Election Day. Beyond that, it can no longer exerciseany function. d. False, the COMELEC should not decide any case. It’s not even a part of the judicial branch of the government. 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 b. RA No. 6835 c. RA No. 6935 d. RA No. 6736 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 a. file a petition to declare a failureof election b. file a petition to postpone theelection c. file an election protest d. file a pre-proclamation case 22) The remedy if on account of force majeure, terrorism, or fraud, the election in any polling placehas not been held on the date fixed is to a. file a petition to declare a failureof election b. file a petition to postpone theelection c. file an election protest d. file a pre-proclamation case 4
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
23) Thefollowing are Grounds for postponement/ failure of election, except a. Force majeure b. Violence/ Terrorism c. Loss or destruction of election paraphernalia or records 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? a. It includes all elections in thecountry b. It includes any election then provided in thelaws or theConstitution c. It includes any election which may thereafter be required to be held pursuant to law 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 a. Plebiscite b. Proposition c. Referendum d. Initiative 26) This refer to a petition to approve or reject an act or law, or part thereof, passed by Congress a. Initiativeon Statutes b. Referendumon Statutes c. Referendum on Local Law d. Initiativeon Local Legislation 27) This is an electoral process by which an initiative on the Constitution is approved or rejected by the people a. Plebiscite b. Referendum c. Initiative d. Proposition
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
28) The following are true with respect to the national initiative and referendum, except a. TheCommission shall call and supervisethe conduct of initiative and referendum 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 c. The proposition in an initiative on the Constitution approved by a majority of votes cast in the plebiscite shall become effective as of the day of the plebiscite d. A national or local initiative proposition approved by majority of the votes cast in an election called for the purpose shall become effective 15 days after certification and proclamation by the Commission. 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 b. Local referendum c. National initiative d. National referendum 30) This is a limitation on recall a. No recall shall take place within 1 year from the date of official assumption to office of the official concerned b. Any elective local official may be the subject of recall once during his term of office for loss of confidence c. No recall shall take place within 1 year immediately preceding a regular local election d. All of the above 31) What is the stand-by power of theCOMELEC? 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 b. Prescribe the forms to be used in the election plebiscite or referendum 6
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. Enforce and execute its decisions, directives, orders and instructions which shall have precedence over those emanating from any authority, except the Supreme Court and those issued in habeas corpus proceedings. d. None of the above 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 a. Regular Election b. Special Election c. Failureof Election d. Postponement of 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 b. No votinghas been held in any precinct or precincts because of force majeure, violence, terrorism, fraud or other analogous causes c. The votes not cast therein are sufficient to affect the results of the elections d. The causes for the declaration of the failure of election may occur before or after the casting of the votes or on the day of the election 34) Distinguish Initiative from Indirect Initiative. a. “I nitiative” is the power of the people to proposeamendments to the Constitution or to propose and enact legislations through an election called for the purpose. Whereas, “I ndirect Initiative” is exercise of initiativeby the people through aproposition sent to Congress or the local legislative body for action. b. “Indirect Initiative” 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. Whereas, “I nitiative” is exercise of initiative by the people through a proposition sent to Congress or the local legislative bodyfor action. c. None of the above. d. Both aand b are incorrect. 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. 7
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a. Theprovision is entirely correct. b. Theprovision is insufficient therein. 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. d. Theprovision does not exist. 36) Preconditions necessary for declaring a failure of election a. No votinghas been held in any precinct or precincts because of force majeure, violence, terrorism, fraud or other analogous causes b. Thevotes not cast therein suffice to affect the results of the elections c. Proof of criminal intent is present d. A and B only e. All of the above 37) A low turnout of voters can be a ground for failure of election and as a result, a re-election may beheld. a. True b. True, with exceptions c. False d. Falsewith exceptions 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. I s heallowed? a. Yes, because the three-term limit rule applies only to three consecutive terms. b. Yes, because the prohibited election refers to the next regular election for thesame office following the end of the 3rd term c. No, because the recall election would be A’s 4th election d. No, because A is deemed to have already fully served the 3rd term before the recall election is held ARTICLE II: ELECTION OF PRESIDENT AND VICE- PRESIDENT
39) In case a vacancy occurs for the office of the President and Vice-President, the Congress will convene in accordance with its rules without need of a call and enact a law calling for special election for the said vacancy within? a. 8 days b. 6 days c. 7 days d. 3 days 8
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
40) The special election shall be held not earlier than 45 days nor later than? a. 60 days b. 90 days c. 120 days d. 180 days 41) The sole judge of all contests relating to the election, returns and qualifications of the President or Vice-President? a. COMELEC sitting en banc b. NLRC Sitting en banc c. Supreme Court Sitting en banc d. HRET 42) Age requirement for President on the day of election? a. 35 years old b. 25 years old c. 40 years old d. 45 years old 43) President’s term of office a. 7 years b. 6 years c. 5 years d. 4 years 44) A person may beelected for president provided that he is a resident of the Philippines for? a. 5 years immediately preceding such election b. 10years immediately preceding such election c. 15years immediately preceding such election d. None of the above 45) The President of the Philippines shall be elected by? a. Thevoteof Congress b. Thevoteof Senate c. Thevoteof Supreme Court sitting en banc d. Thedirect voteof the people 46) Does the Vice-President have the same age qualification as the President? a. No, hemust be35 years old b. No, hemust be 45 years old 9
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. Yes, hemust be 40years old correct d. yes, hemust be25years old 47) After the election but not later than 30 days, the certificates shall be opened in the presence of? a. Congress b. Senate c. Both Congress and Senate in joint public session d. COMELEC 48) In caseof a tie for the position of the President and Vice-President who will determine the winner? a. Majority vote of the Congress b. Majority vote of the Senate c. Majority voteof the Congress and Senate voting separately d. Majority vote of theCongress and Senatevotingjointly 49) In the above quoted statement in casethere will be adeadlock who will be the acting President until the deadlock is broken? a. Chief Justice b. Senate President c. Speaker of the House d. None of the above 50) TheVice-President shall serve for 7 years, B. TheVice-President shall not serve more than 2terms a. A and B is correct b. A is Correct and B is incorrect c. A is incorrect and B is correct d. Both are incorrect 51) In casethe President-elect fails to qualify who will be the acting President until the President-elect shall have qualified a. Senate President b. Chief Justice c. Speaker of the House d. Vice-President-elect 52) Unless otherwiseprovided by law, the regular election for President and Vice-President shall be held on? a. Second Monday of June 10
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
b. Second Monday of July c. Second Monday of September d. Second Monday of May 53) The convening of the Batasang Pambansacannot be suspended nor the special election postponed. In the event vacancy occurs, no special elections shall be done for how many days? a. Sixty five days before the date of Presidential Election of 1987 b. Seventy fivedays before thedate of Presidential Election of 1987 c. Seventy days before thedate of Presidential Election of 1987 d. Sixty days before the date of Presidential Election of 1987 54) In caseof death, permanent disability, removal from office, or resignation of the President, what process shall we follow? a. Conduct a special election 24 hours after themisfortunate event. b. TheVice President shall become the President to serve the unfinished term. c. TheSenate will votefor the new President. d. TheCongress will elect anew President. 55) In caseof death, permanent disability, removal from office, or resignation of both the President and Vice President, who shall serve the unexpired term? a. TheSenate President b. Speaker of the House of Representative c. Spouse of the President d. Will conduct aspecial election after 24 hours of the misfortunate event.
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? a. Twenty four months. b. Eighteen months c. Thirty months d. Fortyfive days 57) A President or acting President shall not make appointments months 60 days before Presidential Elections up to the end of his term except: 11
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety b. temporary appointments to executive positions regarding finishing projects of the recent administration c. temporary appointments to executive positions when continued vacancies will affect the next administration d. no exemption 58) The President and theVice 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 Junenext following the day of the election and shall end at noon of the samedate, six years thereafter. b. 12am on the30th day of Junenext following the day of the election and shall end at noon of the samedate, six years thereafter. 12nn on the 30th day of Junenext following the day of the election and shall end at noon of the same date, six years thereafter. c. 12nn on the 30th day of July next following theday of the election and shall end at noon of the samedate, six years thereafter. d. 12am on the30th day of J uly next following theday of the election and shall end at noon of the samedate, six years thereafter. 59) The Vice President shall serve to a max of how many successive terms? a. 3 b. 2 c. 1 d. 4 60) Which of the following shall not be considered as an interruption in the continuity of the service for the full termthe Vice President is elected? a. Voluntary renunciation of theoffice for any length of time b. Involuntary renunciation of theoffice for any length of time c. Involuntary renunciation of the office for a period of 6 months d. Voluntary renunciation of the office for a period of 6 months 61) Election returns for the President andVicePresident shall bedirected to what body that will do all the opening and examination of the authenticity of the certificates of canvass. a. Congress of thePhilippines b. COMELEC en banc c. Supreme Court En Banc 12
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. Cabinet Committee of thePresident. 62) Which of the following events cannot be changed by any ordinary law enacted by the Congress? a. Opening of regular session of Congress b. Regular election of the members of the Congress c. Date of regular election of thePresident and Vice President correct d. All of the abovecorrect 63) If the President-elect fails to qualify, who shall act as President until the President-elect shall have qualified? a. Speaker of theHousecorrect b. TheSenate President c. Theprevious President before thenew President elect d. theVice President-elect
64) Tom Sawyer is natural-born Filipino. His mother is aFilipinaand his father is an American. He obtained a degree March 2017 at Harvard University at the ageof 39. He has been a resident of the Philippines since January 2011. Is he qualified to run asPresident of the Philippines in May 2018elections? a. No because heis not aresident of the Philippines for 10years b. No because he obtained his degreeabroad c. No because heis only 39 years old. d. No because one of his parents is aforeigner
65) The following qualifications are therequirements to be eligible to be the Vice President except: a. You’re natural born citizen of thePhilippines b. You are on your 40s during the election c. Resident of thePhilippines for at least 10 years d. An alumnaof any local educational institution correct 66) 1st Statement. Rulings of Board of Canvassers (BOC) are appealable to the COMELEC within 3 days from issuanceof the ruling. 2nd Statement. Rulings of Board of Canvassers (BOC) are not appealable to the COMELEC within 3 days from issuanceof the ruling. a. 1st statement is true b. 2nd statement is true c. Neither are true 13
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. Both arefalse
ARTICLE III: ELECTION OF MEMBERSOF THE BATASANG PAMBANSA 67) Who determined the DATE of theFIRST Local Election? a. President of the Philippines b. Chairman of theCommission on Elections c. Senate of thePhilippines d. Houseof Representative of thePhilippines e. Concurrent decision of the Senate and theHouseof Representatives .
68) The following are the qualifications for Senator , except: a. Must bea natural citizen. b. Able to read and write. c. At least 40 years of age on the day of the election. d. A registered voter 69) The following qualifications of Members of Batasang Pambansa, except: a. A natural born citizen of thePhilippines b. Able to read and write c. At least twenty five years old on the day of the election d. A registered voter in the constituency in which heshall be elected e. A resident of the constituencyfor a period not less than 1-year immediately preceding the day of the election 70) A Filipino citizen who lost his natural born Filipino citizenship abroad may acquire his Filipino citizenship by a. Naturalization b. Repatriation c. Direct act of Congress d. a and b only e. All of the above 71) The following classes of citizens of the Philippines are possible to possess dual citizenship, which is the exception? a. Those born of Filipino fathers and/ or mothers in foreign countries which follows the principle of jus soli 14
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
b. Those born in the Philippines of Filipino mothers and alien fathers if by laws of their father’s country, such children are citizens of that country c. Those who marry aliens if by the laws of the latter’s country the former are considered citizens unless by their act or omission, they are deemed to have renounced Philippine citizenship. d. None of theabove. ARTICLE IV:ELECTION OF LOCAL OFFICIALS (*** and Pertinent Provision of Local Government Code) 72) The candidates for the position of Governor, Vice Governor or Member of the Sangguniang Panlalawigan or Mayor, Vice Mayor or Member of the Sangguniang Panlungsod of highly urbanized cities must be: a. b. c. d.
At least 23 years of age on theElection Day. At least 21 years of age on theElection Day. At least 25 years of age on theElection Day. At least 22 years of age on theElection Day.
73) The Candidates for the position of mayor or vice mayor of independent component cities, component cities, or municipalities must be: a. b. c. d.
At least 23 years of age on theElection Day. At least 21 years of age on theElection Day. At least 25 years of age on theElection Day. At least 22 years of age on theElection Day.
74) What is theproper order of the distribution of election returns in the election of local officials? A – to the commission on elections B – to the provincial board of canvassers C – to the city or municipal board of canvassers D – to the citizen’s arm authorized by the Commission to conduct an unofficial count E – to the dominant minority party as determined by the Commission F – to the dominant majority party as determined by the Commission G – to be deposited insidethe compartment of the ballot box for valid ballots 15
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. b. c. d.
C A BF E D G F ABCE D G D E ACBF G A BC D E F G
75) Contests involving elective barangay officials decided by trial courts of limited jurisdiction, is within the COMELEC’s: a. appellate jurisdiction b. appellate jurisdiction, with concurrence to the jurisdiction of the Court of Appeals c. exclusiveappellate jurisdiction d. appellate jurisdiction, with concurrence to the jurisdiction of the Supreme Court 76) Who has the jurisdiction over petitions for disqualification of municipal, provincial, city and congressional elective officials filed before theelections? a. COMELEC b. Municipal or Metropolitan Trial Court c. Regional Trial Court d. Court of Appeals 77) The following persons are disqualified from running for any elective local position, except a. Those removed from officeas a result of an administrative case b. Those convicted by final judgment for violating the oath of allegiance to the Republic c. Those with dual citizenship d. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year or more of imprisonment, within two years after serving sentence e. None of the above 78) A regular election, whether national or local, refers to an election participated in by those who possess the right of suffrage, are not otherwise disqualified by law, and who are registered voters. The election for Sangguniang Kabataan is also a regular election even if participated byyouth. a. Thestatement is correct and sufficient thereof. 16
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
b. The statement is incorrect. A regular election, whether national or local, refers to an election participated in by those who possess the right of suffrage, are not otherwise disqualified by law, and who are registered voters. The election for Sangguniang Kabataan is not a regular election becausethe latter is participated by those who are not qualified by law. c. The election for Sangguniang Kabataan may or may not be participated whom are not qualified by law. d. Both b and c are correct. e. Both aand c are correct. 79) X, is the current governor of Quezon 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. a. Yes, he shall be disqualified because although he has been given or granted amnesty he is still been convicted under the law. b. Yes, heshall bedisqualified because a public office is apublic trust. c. No, unless he has been imprisoned. 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 thelaw. 80) This is the legal process whereby the registered voters of a local government unit may directly propose, enact or amend ordinance a. Local initiative b. Local referendum c. National initiative d. National referendum 81) Which of the followingis not a function of the Board of Election Tellers a. To conduct the registration of Barangay voters b. Authentication of theBarangay ballots c. To hear and decide cases relating to thequalification of a voter d. Shall declare postponement or Failureof Election 82) The following persons are disqualified from running for any elective local position, except a. Those removed from officeas a result of an administrative case b. Those convicted by final judgment for violating the oath of allegiance to the Republic 17
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. Those with dual citizenship d. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year or more of imprisonment, within two years after serving sentence e. None of theabove
ARTICLE V: ELECTION OF REGIONAL ASSEMBLY OF THE AUTONOMOUS REGIONS (*** REPEALED BY 1987PHILIPPINE CONSTITUTION)
83) Who exercises GENERAL supervision over Autonomous Regions to ensure that the laws are faithfully executed? a. Chieftain of the Autonomous Region b. Executive Department of thePhilippines c. Congress of thePhilippines d. Chairperson of theAutonomous Region 84) Autonomous Regions have certain independent legislative powers, the following are TRUE except: a. Laws regarding defense and security b. AdministrativeOrganization c. Creation of sources of revenues d. Ancestral domain and natural resources 85) The defense and security of the regions is under the responsibility of the National Government. The preservation of peace and order within the regions shall be the responsibility of the _____________. a. Armed Forces of thePhilippines b. Department of Interior and Local Government c. Department of Justice d. Philippines National Police 86) The ACT enacted by theCongress for each autonomous region that will govern the Autonomous Region of Muslim Mindanao… a. Autonomous Region of Muslim Mindanao Act b. United Interdependent Region of Muslim Mindanao Act c. Organic Act 18
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. Integrated Muslim Mindanao Act. 87) The ACT enacted by the Congress for Autonomous Region of Muslim Mindanao and Cordilleras provided for special courts with personal family, and property law jurisdiction consistent with the provision of the Constitution and National laws. a. FALSE, such is unconstitutional because it provides the Muslim Mindanao an absolute separate executive, legislative and judiciary department. b. FALSE, such is unconstitutional because it go against the mandate of the Constitution that Philippines is 1 archipelago c. TRUE, such ACT is constitutional because it recognizes the separation of the Muslim Mindanao Regions among the other Regions of the Philippines d. TRUE, such Act is constitutional because it is expressly provided by the Constitution. ARTICLE VI: ELECTION OF BARANGAY OFFICIALS (*** andPertinent Provisions of Local Government Code)
88) First statement: The barangay election shall be non-partisan. Second statement: The barangay election shall be conducted in an expeditious and inexpensive manner. a. Both statements are correct. b. Both statements are wrong. c. Only thefirst statement is correct. d. Only thesecond statement is correct. 89) In the election for barangay officials, the certificate of candidacy for the position of punong barangay or kagawad ng sanggunian shall be filed: a. With the secretary of the sangguniang barangay. b. With theoffice of theCity Mayor. c. With theoffice of theCity Assessor. d. With the regional officeof the COMELEC. 90) TheBoard of Election Tellers shall be composed of: a. 1 public elementary school teacher and 2members who are registered voters. b. 3 public elementary school teachers and 2 members who are registered voters. c. 2 public elementary school teachers and theprincipal. 19
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. 2 public elementary school teachers and 1 registered voter. 91) The board of election tellers shall meet in every barangay polling place to conduct the registration of barangay voters and to prepare the list of voters not later than: a. 7 days before the election. b. 10 days before the election. c. 9 days before theelection. d. 14 day before the election. 92) Inclusion and exclusion cases in barangay election shall be decided: a. Not later than 7 days before the date of election. b. Not later than 15days before thedate of election. c. Not later than 14days before thedate of the election. d. Not later than 2 days before thedate of theelection. 93) Inclusion and exclusion cases in Barangay election shall be within the exclusive jurisdiction of: a. Themunicipal or metropolitan trial court. b. Theregional trial court. c. The COMELEC. d. The Barangay Lupon ng Tagapamayapa. 94) The barangay board of canvassers shall be composed of: a. The senior public elementary school teacher and 2 public elementary school teachers. b. The head of the senior citizens group and the principal of the public elementary school. c. The senior public elementary school teacher and 3 public elementary teachers. d. The president of the PTA and the principal of the public elementary school. 95) The barangay board of canvassers shall be constituted: a. b. c. d.
At least 7 days before the election in each barangay. At least 10 days before the election in each barangay. At least 9 days before the election in each barangay. At least 15 days before the election in each barangay.
96) Candidates for the position of punong barangay must be: 20
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. b. c. d.
At least 22 years of age on theElection Day. At least 20 years of age on theElection Day. At least 18 years of age on theElection Day. At least 25 years of age on theElection Day.
97) Candidates for the position of member of the sangguniang barangay must be: a. b. c. d.
At least 18 years of age on theElection Day. At least 20 years of age on theElection Day. At least 22 years of age on theElection Day. At least 24 years of age on theElection Day.
98) The Barangay elections shall be conducted in: a. A .expeditious manner b. B .inexpensive manner c. expeditious and inexpensive manner d. noneof theabove 99) The following can support the campaign of one of the candidate for barangay elections except: a. Members of thefamily of a candidate within fourth civil degree of consanguinity or affinity b. Personal campaign staff of the candidate which shall not be more than one for every one hundred registered voters in his barangay c. Political party of thecandidate d. None of the above 100)
Can acandidate for barangay elections hold a public meeting a. No, it is prohibited by thelaw b. Yes, Provided ,however ,That without prejudice to any liability that may be incurred c. All of the above d. Neither aor b
101) Certificate of candidacy must be file on a. any day from the commencement of the election period but not later than the day before the beginning of the campaign period. b. Any day from the beginning of the campaign period c. theday before the election day 21
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. all of the above 102) Thefollowing are responsible in consolidating thelist of all the candidates and post the said list in the barangay hall and in other conspicuous places in the barangay except: a. Secretary of the sangguniang barangay b. Election Registrar c. Chairman of the Board of the canvasser d. Both A and C 103) Atty. Marcos won as Barangay captain in Las Pinas, He was Treasurer of the Las Pinas before running as barangay captain .Two days after the proclamation, Mr. Aquino, protest that Atty. Marcos must be disqualified for failure to file a letter of resignation before the proclamation. May the protest disqualify Atty. Marcos? a. Yes, formal resignation is necessary b. No, Candidate shall be considered automatically resigned upon the filing of certificate of candidacy c. Yes, candidate must resigned before the campaign period d. None of theabove 104)
Board of Election Tellers must composed of the following a. Public elementary teacher as chairman b. Two person who are registered voters of the polling place concerned c. Neither A or B d. Both A and B
105) In case no public elementary teachers are available ,can a commission designate any registered voters in the polling place as a chairman of the board of election tellers a. No, Chairman must be a public elementary teacher b. Yes, Provided that the person is not an incumbent barangay official c. Yes, provided that the person is not related to any candidate for any position in that barangay within fourth civil degree of affinity or consanguinity. d. Both B and C 106)
The Board of Election tellers shall a. Superviseand conduct the election in their respective polling places b. Count the votes c. Prepare report in triplicate on theform prescribed bythe commission 22
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. All All of the the above ove 107)
TheFinali inalist st of Vote V oters sha shall beposte posted in the polling pollingplace places at le least a. 10 da days before the the election day b. 20 da days before the the election day c. 3 days be before theelection day d. None one of theabove bove
108) Who can designa signate the publi public c sch school ool or any other publi public c buil building ding within the barangayto be used as poll polling pla place in in casethe barangayhas one election ection precinct a. a. chairm irman of the board of Canva Canvasse ssers b. oneof themember of board of canvasse ssers c. Oneof themember if if board of election lection tell telle ers d. d. cha chairm irman of board board of election lection tell telle ers 109)
Who Who wil willl provide provide theofficia officiall barangay ballots llots a. Co Com mmiss ission b. Board of canva nvasser c. City or mu municipa nicipality lity conc conce erned d. Board of elect lection ion telle llers
110)
Who wil willl provide providethe ballot llot boxes for each ba barang rangay polling polling pl place a. Co Com mmiss ission b. Board of canva nvasser c. City of mu municipality lity conc conce erned d. Board of of elec lection Tellers llers
111)
Theoff officia icial bal ballots lots must ust beauthenticate nticated d in theprese presenceof a. The The voter b. authorized repre representative tive of the ca candidates tes c. chairma rman and and members of theelection tellers d. all of theabove ove
112)
TheCommission shall consti constitute tutea board of canvasse ssers at le least a. 10days before the election ction in in ea each barang rangay b. 20days before the election ction in in ea each barang rangay c. 5 da days before the election ction in in each barangay d. 7 da days before the election ction in in ea each barangay
23
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
113) How many watchers tchers in in every polli polling placemay appoint by each candidates a. Thr Three b. Four c. Two d. One One
114) After Ca Canv nva assing ssing the the results from from va variou rious s polling pollingplace places within the barangay, Who wil will procl procla aim the wi winners nners a. Co Com mmiss ission b. Mayor c. Board of of ele elect ction ion te tellers llers d. Board of canva nvassers 115)
Who is responsible sponsible in authenticati nticating ng the off official cial bara barang ngay ballots llots a. Authorize uthorized d repres represe entati ntative ve of the candidates ndidates and chairman and members of the board of election ction telle tellers b. . Authori Authorized zed representati ntative ve of the candidates ndidates and chairman and members of the board of Canvasser. c. Co Com mmiss ission ion d. Mayor
116) Theregistration tion of any voter sha shall not betransfe transferred rred without writte ritten n notice notice at le least a. Two days be before the date of election b. Three hree days before the the date of election c. Five da days before thedate of election lection d. Eight ight days before the the date of election lection 117) CO COM MELEC shall resu resume the holding of the Bara Barangay election lection within within ________ afte fter the verific ifica ation ion that the cause for for postponement or suspension nsion has in fa f act ceased a. 30 days (A (Article rticle VI , Se Section ction 45 45, OE OEC) b. 10 days c. 20 days d. 45 days
24
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
118) CO COME MEL LEC sha shall res resume the the holdin holding g of the Barangay election within ________ afte fter the verific ifica ation ion that the cause for for postponement or suspension nsion has in fa f act ceased a. 30 days b. 10 days c. 20 days d. 45 days
ARTICLE RTICLE VII: THE TH E COMMIS COMMISS SION ON ELE E LECTI CTIONS ONS (** (*** and PertinentProvisions Provisions in the Constitution)
119)
TheComm Commission on Elec Election tion sha shall becompose posed of of a. 1 cha chairm irman and 6 commissioners ssioners b. 1 cha chairm irman and 3 commissioners ssioners c. 1 sup supe ervisor and and 8 com commissioners d. 12 com commissione issioners
120) First statement: Majority Majority of the members of the the CO COM MELEC should should be members of the Philippine Bar. Second cond statement: Howeve However, the the Chair Chairman need not be alawyer. a. The first statem tement is is corr corre ect, the second sta statement is wrong. b. Both statem tements are correct. correct. c. Both statements are wrong. d. The first statem tement is is wrong, the second statem tatement is corre correct. 121) How long a member of the CO COM MELEC should should be engaged in the practi practice ce of law in orde order for for him to qualify as member thereof thereof? ? a. 15 years b. 10 years c. 5 years d. 7 years 122) The Chairman and the Comm Commissioners of the CO COM MELEC sha shall be appoi ppointed by whom? a. By thePreside resident with the conse consent of the Suprem preme Court b. By thePreside resident with the conse consent of the Senate c. By the the Preside resident wit with h the conse consent of the Commission on Appointment 25
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. By the President with the consent of the people through an election held for such purpose. 123) First statement: The President has the power to designate a temporary Chairman of the COMELEC. Second Statement: The members of the COMELEC themselves should not interfere with such power of the President to designate atemporary Chairman pending the appointment of a permanent one. a. Both statements are wrong. b. Both statements are correct. c. Only thefirst statement is correct. d. Only thesecond statement is correct. 124)
Which of the following statements is incorrect? a. TheCOMELEC is an independent constitutional body. b. As a central repository of the government’s manpower, the COMELEC may provide qualified public officials during vacancies in Congress. c. TheCOMELEC is the guardian of the people’s votes. d. The Constitution instituted a rotational plan in the appointment to the COMELEC.
125) First statement: The members of the COMELEC may engage in practice of any profession or in the management of any business, being an independent constitutional body. Second statement: However, their salaries may be decreased anytime due to such privilege. a. Both statements are correct. b. Only thefirst statement is correct. c. Both statements are wrong. d. Only thesecond statement is correct. 126)
Thepowers of theCOMELEC are as follows, except: a. To exercise its jurisdiction over protests involving the original set-up of the Katipunan ng Barangay. b. To subpoenaand to grant immunity from suit. c. To enforce and administer election laws. d. To adopt means to insure free, honest and orderly election.
127) In the exercise of its powers, the COMELEC has the authority to grant immunity from criminal prosecution. 26
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. True. But it still depends upon the desire of the President to grant such immunity. b. True. However such immunity shall not exempt the witness from criminal prosecution for perjury or falsetestimony. c. False. The COMELEC has no such authority. d. False. They should focus themselves on guarding the ballots during elections only. 128)
Theoriginal jurisdiction of theCOMELEC is composed of a. All contest relating to the elections, returns and qualifications of all elective officials. b. All contest relating to the elections, returns and qualifications of all elective regional, provincial and city officials. c. Both a and b d. None of the above
129)
Theappellate jurisdiction of the COMELEC embraces a. All contests among elective municipal officials decided by trial courts of general jurisdiction or elective barangay officials decided by trial courts of limited jurisdiction. b. All contests relating to election returns and qualifications of elective officials. c. All contest relating to election returns and qualifications of elective regional, provincial and city officials d. All contests among elective officials decided by theSupreme Court.
130) First statement: The COMELEC sitting en banc does not have the authority to hear and decide election cases. Second statement: But it may decide pre-proclamation controversies in the first instance a. Both statements are correct. b. The first statement is correct while the second statement is wrong. Both statements are wrong. c. The first statement is wrong while the second statement is correct. d. TheSecond statement is wrong. 131) First statement: The COMELEC shall decide by a majority vote of all its members any case or matter brought before it. Second statement: Such caseor matter must be brought before it within 120 days from thedate of its submission for decision or resolution. 27
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. b. c. d.
Both statements are correct. The first statement is wrong while the second statement is correct. Thefirst statement is correct while the second statement is wrong. Both statements are wrong.
132) In the conduct of initiative, the power of the COMELEC extends not only to the counting and canvassing of votes but also to seeing to it that the matter or act submitted to the people must be: a. According to the caprice of thelegislatures b. In the proper form and language so it may be easily understood and voted upon by the electorate. c. Voted upon first by the Senate and House of Representatives. d. Lengthy and complicated so that the people may be forced to study the law. 133) Which of the following statements is wrong: a. The Chairman and members of the COMELEC shall not be subject to the canons of judicial ethics in the dischargeof their functions. b. No chairman or commissioner shall sit in any case in which he has manifested bias or prejudice for or against or antagonism against any party thereto in connection to such case. c. The party raising the disqualification of a chairman or commissioner may file his objection in writing to the Commission stating the grounds therefore. d. The decision with regard to the disqualification of a chairman or commissioner should also be made in writing. 134) Thefollowing are the powers and functions of the COMELEC except: a. Enforce and administer all laws and regulations relative to the conduct of an election. b. To initiate plebiscite, initiative, referendum and recall. c. Decide matters affecting elections including determination of the number and location of polling places, registration of voters and appointment of election officials and inspectors. d. Deputize with the concurrence of the President, law enforcement agencies and instrumentalities for ensuring free, orderly and honest election. 135) First statement: The COMELEC may recommend to the Congress effective measures to minimize election spending. 28
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
Second statement: Such recommendation may includelimitation of places where propaganda materials shall be posted. a. Only thefirst statement is correct. b. Only thesecond statement is correct. c. Both statements are correct. d. Both statements are wrong.
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 theCOMELEC. b. There is amajority vote by the Congress. c. An action is filed before the Supreme Court for such grant. d. None of theabove. 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 a. Both statements are wrong. b. Both statements are correct. c. Only thefirst statement is correct. d. Only thesecond statement is correct. 138) Which of the following is incorrect: a. In case of conflict between rules, regulations, orders or directives of the COMELEC and those of other agencies of the government, that of the COMELEC shall prevail. b. Rules and regulations issued by the COMELEC shall take effect after publication in the official gazette or in two newspapers of general circulation. c. Such publication shall befor a period of ninety days. d. Orders and directives issued pursuant to such rules and regulations shall be furnished by personal delivery to accredited political parties within 48 hours of issuance and shall takeimmediately upon receipt. 139) In order to summon the parties to a controversy pending before it the COMELEC may: a. Issuesubpoenaand subpoenaduces tecum. b. Demand a written comment of the parties in a form duly accredited by the COMELEC. 29
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. Investigate matters on the basis of such comments filed by the parties within a period of five days. d. File a separatecomplaint to the parties alleged to be involved to such controversy. 140) Thefollowing are the powers and functions of the COMELEC except: a. Enforce and administer all laws and regulations relative to the conduct of an election. b. To initiateplebiscite, initiative, referendum and recall. c. Decide matters affecting elections including determination of the number and location of polling places, registration of voters and appointment of election officials and inspectors. d. Deputize with the concurrence of the President, law enforcement agencies and instrumentalities for ensuring free, orderly and honest election. 141) First statement: The COMELEC may recommend to the Congress effective measures to minimize election spending. Second statement: Such recommendation may includelimitation of places where propaganda materials shall be posted. a. Only thefirst statement is correct. b. Only thesecond statement is correct. c. Both statements are correct. d. Both statements are wrong. 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 do not have concurrent power to conduct preliminary investigation of all election offenses. a. 1st statement is true b. 2nd statement is true c. Neither are true d. Both are false
143) 1st Statement. Pre-Proclamation Controversies are raised before the Board of Canvassers (BOC) or theCOMELEC as soon as theillegality arises
30
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
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 b. 2nd statement is true c. Neither are true d. Both arefalse 144) Thechairman and members of the Commission shall besubject to _______ in the discharge of their functions. a. Canons of Judicial Ethics b. Civil Code of the Philippines c. Natural Law d. Human Rights Law 145) Which is not a duty and responsibility of the Commission in ensuring enforcement of an election? a. To issue search warrants after examination under oath or affirmation of the complainant and the witnesses. b. To stop any illegal election activity, or confiscate, tear down, and stop any unlawful, libelous, misleading or false election propaganda, after due notice and hearing. c. To inquire into the financial records of candidates and any organization or group of persons, motu proprio or upon written representation for probable cause by any candidate or group of persons or qualified voter, after duenotice and hearing. d. To arrest, detain any suspected violators including candidates and their respective supporters 146) To ensure enforcement of elections theCommission can ask for the assistance of the following except: a. Central Bank b. Commission on Audit c. Bureau of Internal Revenue d. None of the Above 147) A party contesting the competencyof the Chairman or a Commissioner may: a. File his complaint to thechairman b. File his objection in writing with theCommission stating the ground therefor. 31
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. File his objection to theombudsman statingthe ground therefor. d. File his objection to the Court of Appeals stating the grounds therefor. 148)
How can theCommission delegate its powers? a. Through its Volunteers b. Through its Commissioners c. Through its Watchers d. Through the Heads of its field offices
149)
Provincial Election Officeis headed by? a. Provincial Election Canvasser b. Candidate Appointee c. Provincial Election Supervisor d. Provincial Election Director
150)
TheCommission shall have exclusive chargeof a. Enforcement of administrative laws b. Enforcement of Checkpoints the whole year before the elections c. Enforcement and administration of all laws relativeto the conduct of elections d. All of the above
151) What can theCommission do to any officer or employee who violates election law? a. relieve him b. Promotehim c. Sanction Him d. do nothing 152) Who can deputize for the Commission to ensure the holding of free, orderly and honest elections? a. NBI b. AFP c. Both d. Neither 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? 32
32
MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. b. c. d. 154)
Constitutional Powers issued by administrative office Powers issued by Government agency All haveequal footing
Can theComelec conduct hearings like courts? a. Yes b. No c. Maybe d. Neither
155) Which of the following questions affecting election does not fall under COMELEC jurisdiction a. pre-proclamation case b. election protest and quo warranto c. resolvingissues involving right to vote d. determination of the number and location of polling places 156) Thefollowing are powers granted to COMELEC, except a. Power to include and exclude voters b. Power to conduct initiative and plebiscite c. Power to annul or suspend proclamation of elected candidates d. Rule makingpower 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? a. 30days from submission thereof b. 60days from submission thereof c. 90days from submission thereof d. 120 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 a. Civil Service Commission b. Commission on Audit c. Commission on Appointments d. Commission on Elections
33
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
159) The Chairman and Commissioners can be removed from office on impeachment for conviction of the following, except a. Culpable violation of theConstitution b. Bribery c. Murder d. Treason 160) The following cases involve COMELEC’s administrative supervision and control, except a. Corrections of errors in thetabulation or tally of results by the board of canvassers b. Theregistration of voters c. Questions whether election have been held or whether certain returns were falsified or manufactured and therefore should be excluded from the canvass 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 amotion for reconsideration thereof is filed within a. 30 days fromnoticethereof b. 5 days from noticethereof c. 15 days from notice thereof d. 10 days fromnotice thereof 162) Who has the jurisdiction over petitions for disqualification of municipal, provincial, city and congressional elective officials filed before the elections? a. COMELEC b. Municipal or Metropolitan Trial Court c. Regional Trial Court d. Court of Appeals 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? a. Election offenses committed by election officials in relation to their office can only beinvestigated and prosecuted bythe Commission
34
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
b. Election offenses committed by election officials in relation to their office can be investigated and prosecuted by the Commission and the Ombudsman c. Election offenses committed by election officials in relation to their office can only be tried before the regular courts d. Election offenses committed by election officials in relation to their office cannot be tried before the Sandigandbayan 164)
Book of voters may beannulled a. When the book of voters is not prepared in accordance with the provisions of RA 8189 b. When the book of voters was prepared through fraud, bribery, forgery, impersonation, force or any similar irregularity c. When the book of voters contains data that are statistically improbable d. All of the above
165)
Thefollowing are therequisites for thefiling of quo warranto, except a. Must be filed within ten days from the proclamation of the results of the election b. Filed on the grounds of eligibility or loyalty to the Republic of the Philippines c. Filed by any registered voter in theconstituency d. None of the above
166) The following are requirements for the members of the COMELEC, except a. Natural born citizens of thePhilippines b. At the time of their appointment, at least thirty years of age c. Holders of a college degree d. Must not have been candidates for any elective position in the immediately preceding elections ARTICLE VIII: POLITICAL PARTIES
167)
Which of thefollowingis not qualified tobea political party? a. foreign organization b. organization with unlawful purpose c. non-believer of the Constitution d. religious sect e. all of the above 35
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
168) Once a political party is duly registered, the following are its advantages except: a. It acquires juridical personality to acquire subsequent accreditation. b. It is entitled to such rights and privileges granted to it by law. c. It shall have the right to hold office in the House of Representatives after registration. d. It shall beallowed to participate in the election. 169) First statement: Religious sect may be allowed to register as a political party. Second statement: Such right to register is allowed as a means of the exercise of equal protection clauseas guaranteed by the Constitution. a. Both statements arewrong. b. Both statements are correct. c. Only thefirst statement is correct. d. Only thesecond statement is correct. 170) The following shall not be allowed to register as political parties except: a. Those supported byforeign government. b. Those organized group with social personality promoting the welfare of the Filipinos. c. Those which seek to achieve violence d. Those which are founded primarily to thevocation of priesthood and other divine calling.
171) What is a coalition? a. It refers to an aggrupation of duly registerednational, regional, sectoral parties or organizations for political or electoral purposes. b. It is an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates some of its leaders and members as candidates for public office c. It refers to organized group of citizens belonging to the sectors whose principal advocacy pertains to the special interest and concerns of their sectors d. None of the above 172)
Political party as used in the Omnibus Election Codemeans? 36
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. An organized group of persons pursuingthe same ideology, political ideas or platforms of government and includes its branches and divisions. b. An organized group of persons running for positions in the Philippine Government, both national and local public office. c. Parties created by virtueof its registration in the Comission of Election. d. A registered group of persons pursuing the same ideology, and political ideas for the welfare of the Philippine Government and its people. 173) A political party shall first be duly registered with the commission so that? a. Its creation shall havea legal binding effect. b. It may acquire juridical personality. c. It may be recognized and protected by the Omnibus Election Code of the Philippines. d. Its members can legally run in the election for whatever position it may pursue. 174) How many percentage of the votes cast in the constituencyis required in order that a registered political party may avoid forfeiture of its status as a “registered” political party? a. Atleast 12% b. Atleast 20% c. Atleast 15% d. Atleast 10%
175)
Thepetition for registration or accreditation shall bepublished in: a. Atleast Threenewspapers as it may deemed necessary. b. Atleast Three newspapers of general circulation. c. Theofficial gazetteof the philippines d. A conspicuous area in the office of theCOMELEC
176) A petition for registration or accreditation after its required publication shall be resolve for how many days from the date it is submitted for decision? 37
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. b. c. d.
10 days 15 days 20 days 30 days
177) Which sector is expressly prohibited bytheOmnibus Election Codeto be registered as a political party? a. Marginalized Sect b. Kilusang Bagong Lipunan as founded byformer Pres. Marcos c. Religous sect d. Indigenous sect 178) What must beattached in averified petition for the registration of a political party? a. A parties’ constitution and by-laws b. a parties’ platforms or program of government c. Both d. None of the above 179)
Which organized group of persons may beregistered before the COMELEC? a. National political party b. Regional political party c. Both A&B d. None of the Above
180)
A registered political party is entitled: a. To great weight in the election contest b. To first choicein the selection of election nominees c. To therights and privileges granted to political parties d. To all the benefits and emoluments as provided in B.P. 881
181) In aresolution of a petition submitted for decision, theCommission must observe: a. Extraordinary Diligence b. Due Notice and Hearing c. Probable Cause d. The Rules of Court 38
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
182) A political party which seeks to achieve its goal through violenceshall not be registered becauseit is contrary to: a. Law b. Morals c. Public Policy d. All of the Above 183)
Registration of Political parties must be filed with: a. TheCommission on Appointments b. TheCommission on Human Rights c. TheCommission on Elections d. TheCommission on Consumission
184)
A registered political party may sueor be sued because: a. It has a juridical personality b. It is everybody’s right to sueor be sued c. It has passed thepublication d. None of the above
185) Does Comelec has thepower over all the decisions in connection with the registration of political parties? a. Yes b. No c. Call me d. Maybe 186) Only members of a duly registered or accredited political parties has a right to hold an elected public position? a. Yes b. No c. Maybe d. All of the Above
187) Thefollowing qualifications are truefor a Sectoral Representative, except a. A natural born citizen of thePhilippines b. Able to read and write c. A bonafidemember of the sector he seeks to represent d. At least twenty five years old on the day of the election e. A resident of the constituency for a period of not less than 1 year immediately preceding the day of the election 39
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
188) Which of the following can bea ground for cancellation of registration of any national, regional, sectoral party, organization or coalition a. It is a religious sect or denomination, organization or association organized for religious purposes b. It advocates violenceor unlawful means to seek its goal c. It is aforeign party organization d. None of the above e. All of the above 189)
Which of the following statements is incorrect? a. A sectoral organization refers to a group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interests or concerns b. A coalition refers to an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/ or election purposes 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 d. A party means either a political party or a sectoral party or a coalition of parties
190)
The following are the rights and privileges of a political party except for: a. To bevoted upon as aparty b. To have watchers who shall verify the contents of the election paraphernalia c. To receivethe 2nd or 3rd copy of the election returns d. To have onewatcher in every polling place
191) Party-list representatives shall constitute _________ of the total number of representatives including those under the party-list a. thirty per centum b. twentyfive per centum c. fifteen per centum d. twenty per centum (Article VI , Section 5, 1987 Constitution) 40
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
192)
Party-list shall include thefollowing sectors except a. Labor Groups b. Religious Groups (Article VI, Section 5, 1987 Constitution) c. Urban Poor d. Youth and Women e. Indigenous cultural communities ARTICLE IX: ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY
193) What should be the age of a candidate if hewill going to run as theVice President of the Philippines? a. 30 years old b. 35 years old c. 40 years old d. 45 years old 194) Which of the following candidates can bequalified as member of the Batasang Pambansaas provincial representative? a. 40 year-old Filipino Citizen, a registered voter and aresident of Malolos, Bulacan for 3 months b. 30 years old, Filipino Citizen, a registered voter and aresident of Pasay City for 6 years. c. 25 years old, Filipino Citizen, a registered voter and aresident of Trece Martires, Cavite for 11 months. d. 21 years old, Filipino Citizen, a registered voter and aresident of Trece Martires, Cavite for 3 years. 195) Which of the followingarenot qualifications of a Sectoral Representative? a. A resident of the Philippines for a period of not less than oneyear immediately preceding the day of the election b. A bonafidemember of the sector he seeks to represent c. Shall be a registered voter, and on the day of the election is at least twenty-one years of age. d. Able to read and write 196) What should a candidate holding a public appointive office do when he files his certificate of candidacy? 41
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. A person holding apublic office should retain his position upon the filing of his certificate of candidacy b. A person holding apublic office should inform thehead of the government owned or controlled corporations upon the filing of his certificate of candidacy c. A person holding a public office should haveresigned from his office upon the filing of his certificate of candidacy d. A person holding apublic office should transfer to another government-owned or controlled corporation upon the filing of his certificate of candidacy 197) Which of the following are not disqualifications of running for any elective office? a. Any candidate who gives money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions b. Any candidate who violated regulation of election propaganda through mass media. c. Any candidate who spent in his election campaign an amount in excess of that allowed by this Code d. Any candidate who was sponsored by a non-profit organization during his election campaign period. 198)
Which of the following are not nuisance candidates? a. Those whose certificate has been filed for the purposes of creating a mockery or disreputeon the election process b. Thosepersons whoseacts clearly demonstratethat he has no bona fide intention to run c. Thosecandidates that uses screen names or aliases d. Thosewhosecertificate has been to causeconfusion among the voters by the similarity of names of the registered candidates 199) Which of thefollowing circumstances in filingof Certificate of candidacy is not true? a. No person shall be eligible for any elective public officeunless he files a sworn certificate of candidacy within the period fixed herein b. A person who has filed a certificate of candidacy may not, prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath. c. No person shall beeligible for more than oneoffice to befilled in the same election otherwisehe shall not be eligible for any of them. 42
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred. 200)
What should not be included in thecontents of certificate of candidacy? a. Thecandidate’s date of birth b. That he is not a permanent resident or immigrant to a foreign country. c. His Profession or Occupation d. Baccalaureate degree, Schools/ Universities Attended and Achievements/ Awards
201) What should a candidate do if there is another candidate with the same name? a. Thecandidate should withdraw his certificate of candidacy b. When there are two or more candidates for an office with the same name and surname, both of themwill be informed or such fact and shall state his paternal and maternal surname. c. When there are two or more candidates for an office with the same name and surname, both of themshould provide 2 instrumental witnesses that they are not related to each other. d. Each candidate should file an affidavit statingthe name of their parents as well as their brothers or sisters if any. 202)
Where should the certificates of candidacy for punong barangay or kagawad ng sangguniang barangay should be filed first? a. Thecertificate of candidacy shall befiled with thesecretary of the sangguniang barangay who shall havethe ministerial duty to receive said certificate of candidacy b. Thecertificate of candidacy shall befiled with theCOMELEC c. A candidate may file his certificateof candidacywith the election registrar of the city or municipality concerned. d. Thecertificate of candidacy shall befiled with provincial election supervisor of the province concerned who shall send copies thereof to all polling places in the province
203) Who may not receive and acknowledge receipt of the Certificate of Candidacy? a. The Commission b. TheCity Election Supervisor 43
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. Election Registrar d. Officers designated bythe Commission or the board of election inspectors 204) In caseof death of the preceding candidate of a certain political party, when can the substitute of the same political party file his certificate of candidacy? a. Thesubstitutemay file his certificate of candidacy for the office affected not later than the mid-day of the day of the election b. Thesubstitutemay file his certificate of candidacy for the office affected not later than 3 o’clock in the afternoon of the election c. Thesubstitutemay file his certificate of candidacy for the office affected right after the preceding candidate passed away even without notice to the commission. d. Thesubstitutecan only file his certificate of candidacy if hewill be allowed by thecommission 205) What does COC stand for? a. b. c. d.
Certificateof Conduct Certificate of Candidacy Commission on Chartering Commission on Candidacy
206) Which of thefollowingis not aprocedure for filing of Certificate of Candidacy? a. Filing with the Secretary of the Sangguniang Barangay or the Election Registrar of the City of Municipality concerned a certificate of candidacy, in triplicate form, stating the barangay office for which he is a candidate; b. The CoC shall be filed any day after the commencement of the election period but not later than the day before the beginning of campaign period; c. The Secretary of the Sangguniang Barangay shall prepare a list of all candidates and shall post the same in the barangay hall or other conspicuous place ten (10) days before election; d. TheCertificate of candidacy should be notarized and filed before the Commission of Elections not later than the day before the beginning of campaign period. 44
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
207)
When does petition may befiled? a. It shall be filed at any time not later than twenty (20) days from the time of the filing of the certificate of candidacy and shall be decided, after duenotice and hearing, not later than fifteen days before theelection. 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 duenotice and hearing, not later than fifteen days before the election. c. It shall be filed at any time not later than fifteen (15) 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 theelection. d. It shall be filed at any time not later than thirty (30) days from the time of the filing of the certificate of candidacy and shall be decided, after duenotice and hearing, not later than fifteen days before the election.
208) What is thekind of candidate that is nominated bya certain political party to join themand support thembut he or she does not belong to the said political party? a. b. c. d.
Nuisance Candidate Independent Candidate Guest Candidate ElectiveCandidate
209) How many days are the posting of certified consolidated list of candidates? a. b. c. d.
At least five(5) days before theElection Day At least seven (7) days before the Election Day At least ten (10) days before theElection Day At least fourteen (14) days before the Election Day
210) What is not an Independent Candidate?
45
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. A person who has not been nominated by a registered political party or its duty authorized representative b. One who accepts nominations from more than one registered political party, except in Cases of coalitions of said political parties c. A person whosenomination has been submitted bya registered political party d. A person whose nomination was filed after the last day of filing of certificate of candidacy. 211) Without delay, after 12:00 o’clock 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. a. b. c. d.
DONE FINISHED CLOSED ENTRY
212) Where do the Members of the House of Representatives for legislative districts in the National Capital Region file their certificate of candidacy? a. b. c. d.
COMELEC Provincial Election Supervisor concerned Regional Election Director, NCR City Election Officer concerned designated for the purposeby the Regional Election Director
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. a. Theprovision is correct and sufficient. b. Theprovision is correct but insufficient. c. The provisions of the election law which candidates for office are required to comply are generally regarded as mandatory. d. None of theabove. 46
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
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: a. b. c. d.
3. 4. 5. 10.
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. b. c. d.
5. 3. 10. 4.
216) The certificate of candidacy for President, Vice-President and Senators shall be filed in: a. b. c. d. 217)
TheSupreme Court. Themain officeof the COMELEC in Manila. Themain office of theCOMELEC where thecandidate resides. TheSenate.
Thecertificate of candidacy for provincial offices shall befiled with: a. The main officeof the COMELEC in Manila. b. Theprovincial registrar concerned. c. Theprovincial election supervisor. d. Theincumbent head of theprovince.
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 approvehis candidacy?
47
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. Yes, because his constituents’ confidence on him as candidate may favor him. b. Yes, becausehe was removed byhis voluntary renunciation of office. c. No, becausehe has served for three-consecutive term. d. No, becausehis health may be at stakeonce he won the election. 219)
What is a candidate? a. a person seeking to run for public office b. a person seeking for or seeking an elective public officewho has filed a certificate of candidacy by himself or through an accredited political party, agroupment or coalition of parties c. a person who announces his candidacy for the office mentioned d. a person eligible to run for public office
220)
What is a certificateof candidacy? a. a formal manifestation to thewhole world of the candidate's political creed b. statement of a person seeking to run for public officecertifying 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 c. a manifestation of a person's intention to run for public office d. a statement certifying that a person is eligible to run for a public position
221) What is the purpose of thelaw in requiring thefiling of thecertificate of candidacy and in fixing the time limit therefor? a. to enable the voters to know at least 30days before theelections the candidates among whom they are to make the choice b. to avoid confusion and inconveniencein the tabulation of votes cast c. a and b d. to instill disciplinein thecandidates. 222)
How should a withdrawal of a certificate of candidacy bemade? a. b. c. d.
personally appear in the COMELEC office and file a withdrawal submit to the office concerned a written declaration under oath file a withdrawal by writing aletter of intent to withdraw all of theabove 48
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
223) Who are those considered as ipso facto resigned from officeupon filing of a certificate of candidacy? a. b. c. d.
those holding public appointive office or position a, d and c active members of the armed forces officers and employees of government owned and controlled corporations
224) If a candidate dies, withdraws or is disqualified for any cause who may file acertificate of candidacy to replacehim? a. b. c. d. 225)
What is apetition for voter’s inclusion/ exclusion? a. b. c. d.
226)
any person who wants to replace him a person belonging to and certified bythe same political party his spouseor descendant any eligible candidate
application to be a candidate application to be registered as avoter application to replacea disqualified candidate application to withdraw candidacy
How can acancellation of a certificate of candidacy bejustified? a. b. c. d.
if thecandidate wants to cancel if thecandidate gives false representation if thecandidate dies if thecandidate changes his mind
227) What are theinstances where apetition questioning the qualifications of a registered candidate to run for office can be raised under the code? a. b. c. d.
before election pursuant to section 78 a and c after election pursuant to section 253 of the code noneof theabove
49
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
228) What is theremedy if the winning candidate was not eligible to run for the office? a. b. c. d.
file a complaint before theelections contest his election after hehas been duly proclaimed question his eligibility in theproper courts noneof theabove
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? a. b. c. d.
12 months 18 months 6 months 24 months
230) Thedisqualification of a candidate shall beremoved after _____ years from his service of sentence. a. b. c. d.
3 years 5 years 2 years 4 years
231) What COMELEC Resolution provides the rules on theprocedure in dealing with the manner of disposing of cases of disqualification under the code? a. b. c. d. 232)
Comelec resolution 2151 Comelec resolution 2050 Comelec resolution 5020 Comelec resolution 5121
What is theeffect of a disqualification case? a. b. c. d.
before final judgment a candidate shall not be voted for after final judgment a candidate shall not be voted for before final judgment a candidate should file his withdrawal after final judgment a candidate should file his withdrawal 50
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
233)
What is thepurposeof a disqualification proceeding? a. b. c. d.
prevent acandidate form running a, c and d to prevent an elected candidate form serving to prosecute a candidate for violation of election laws
234) Isthefilingof a petition for disqualification aground to suspend the proclamation of a winning candidate? a. b. c. d.
yes no it depends noneof theabove
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? a. b. c. d. 236)
yes no it depends noneof theabove
If a duly elected mayor is adjudged to be disqualified what will happen? a. b. c. d.
there will be another election for mayor the duly elected vice mayor will replace him thespouseof themayor will replacehim there will bea failureof elections
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? a. Yes, becauseit is really true that he is not an engineer b. Yes, because the false entry in the certificate of candidacy is material matter. c. No, because profession is not aqualification for elective office d. No, because it violates his right of suffrage 238) The following are considered nuisance candidates, except 51
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. Those whose certificate has been filed for the purpose of creating a mockery or disreputeon the election process b. Those that cause confusion among voters by similarity of names of the registered candidates 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 a. b. c. d.
The Commission Provincial Election Supervisor Election Registrar Officers designated by the Commission or the board of election inspectors e. None of theabove 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 thanhow many days? a. Twenty-five days from the time of the filing of the certificate of candidacy b. Twenty-five days before thestart of the election campaign c. Twenty-five days after the start of the campaign period d. Twenty-five days after the last day of the filing of the certificate of candidacy 241) Substitution of Candidates in case of Death, Disqualification or Withdrawal may bedone a. b. c. d.
Before the last day of the filingof certificate of candidacy After the last day for the filing of certificates of candidacy At thelast day for thefiling of certificate of candidacy All of the above
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. 52
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. Yes, he shall be disqualified because although he has been given or granted amnesty he is still been convicted under the law. b. Yes, heshall bedisqualified because a public office is apublic trust. c. No, unless he has been imprisoned. 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 thelaw. 243) A person shall be deemed not to have lost his original residence with these circumstances, except: a. Transfers residence to another city, municipality or country solely by reason of his occupation; profession b. Employment in private or public service; educational activities; work in military or naval reservations; service in the army, navy or air force; the constabulary or national policeforce c. Confinement or detention in government institutions in accordance with law. d. In cases of overseas Filipino workers staying in the country for less than 6 months every year; e. Conviction of a crime involving moral turpitude. 244) When may a petition to deny due course to or to cancel a certificate of candidacy befiled a. Any time b. Anytime not later than 15 days from the time of filing of certificate of candidacy c. Anytime not later than 10 days from the time of filing of certificate of candidacy 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 a. COMELEC b. COMELEC en banc c. COMELEC in division 53
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. Senate Electoral Tribunal 246) A is a candidate for councilor in Manila. Before theelections, A died and his son B filed his certificate of candidacy as a replacement for his father A. Come theresults 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. a. b. c. d.
Valid votes Stray votes Votes for None of the above
247) A in his certificate of candidacy did not indicate on the space provided therein the precinct where he was a registered voter as aresult, 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 anuisancecandidate? a. b. c. d.
Yes No Yes, with exceptions No, with exceptions
248) To be elected as President of the Philippines, one must be at least forty (40) years of ageon the: a. b. c. d. 249)
Day of filing of his certificate of candidacy Day of the election Day of his assumption of office Year of the election
What is therequired age for a Presidential candidate? a. b. c. d.
35 years of age 40 years of age 45 years of age 50 years of age
250) Which of the following functions does not involve the exercise of quasi judicial power of the COMELEC 54
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. b. c. d. 251)
Pre proclamation case Election protest and Quo warranto Petition to deny/ cancel certificate of candidacy Determination of the existenceof probable cause
Which of the followingstatements is false a. No person shall be elected into public office unless he files his certificate of candidacy within the prescribed period b. No person shall beeligible for more than oneoffice. c. If a person files for more than one position, he shall be eligible for the first one he filed d. The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative e. None of the above 252) The following persons are disqualified from running for any elective local position, except a. Those removed from office as aresult of an administrativecase b. Those convicted by final judgment for violating the oath of allegiance to the Republic c. Those with dual citizenship d. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year or more of imprisonment, within two years after serving sentence e. None of the above
253) In changing residenceand in order to acquire anew domicile bychoice, it is required a. b. c. d. e. f. 254)
That theremust beresidenceor bodily presencein the new locality There is an intention to remain in thenew domicile That there is an intention to abandon the old domicile Concurrenceof a and b are required Concurrenceof b and c are required Concurrence of a, b and c are required
What is guest candidacy? 55
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. Nomination or support by a political party of candidates not belonging to it b. Changing of an elective official of his party affiliation for purposes of the election next following his change of party within one year after such election c. Presenting a certificate of candidacy to cause confusion among the electorate by the similarity of the names of registered candidates or by other names which demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate d. None of the above 255) The following statements are true with respect to meeting the residence requirement for an elective position, except a. It means domicile or individual’s permanent home, a place to which, whenever absent for business or for pleasure, one intends to return, and depends on facts and circumstances in the sense that they disclosesuch intent b. It includes the twin elements of the fact of residing or physical presence in a fixed place, and animus manendi, or the intention of returning there permanently 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. d. All are correct statements 256) Jose was sentenced to a penalty of 20 months imprisonment. Thereafter, he received plenary pardon. I s henow qualified to run for public office? a. No. He needs to begranted amnesty. b. Yes, provided he also possesses all other requirements for eligibility with respect to the position or office concerned. c. No, he is already disqualified due to the extent of the penalty that was imposed on him. d. Yes, but he should first file a verified petition and the same must be approved by theCOMELEC.
56
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
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? a. No. Thedeclaration, being false, is void. b. Yes, until the declaration of insanity is removed by competent authority. c. Yes, because the said declaration made by a competent authority is binding and irrevocable. d. No. She is now entitled to proveher sanity in open court. 258) Which of the following is a ground for disqualification of a candidate under the Omnibus Election Code? a. Fugitives from justice in criminal and non-political case in the Philippines and abroad b. Those removed from officeas a result of an administrative case c. Those sentenced by final judgment for an offense punishable by one year or more of imprisonment and within two years after serving sentence d. Sentenced by final judgment for subversion, insurrection, rebellion or any offense for which he has been sentenced to a penalty of more than 18months imprisonment
259)
Thefollowing are disqualified to run for elective position except a. Insaneor Incompetent b. A person Sentenced by Final judgment for subversion, insurrection, rebellion c. A 30 year old high school dropout d. A person sentenced to a penalty of more than 18 months for a crime involving moral turpitude
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. Theelection registrar of the city or municipality concerned b. Theoffice of the COMELEC. c. Theofficeof the City Mayor. 57
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. Theofficeof the incumbent punongbarangay. ARTICLE X: CAMPAIGN AND ELECTION PROPAGANDA
261) An act designed to promote the election or defeat of a particular candidate or candidates to a public office is called: a. b. c. d.
Election campaign. Election propaganda Election case Election
262) The following are true with respect to election campaign or partisan political activity. Which is the exception? a. The termrefers to an act designed to promote theelection or defeat a particular candidate or candidates to a public office b. It includes forming organization or groups of persons, holding political caucuses, meetings, rallies or other similar assemblies, making materials for the purpose of soliciting votes and/ or undertaking any campaign or propaganda to support or oppose the election of any candidate c. It include public expression of opinions or discussion of probable issues in a forthcoming election or on attributes on criticisms against probable candidates proposed to be nominated in a forthcoming political party convention. d. None of the above 263) Any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties. a. b. c. d. e.
Election Officer Candidate Voter All of the above None of the above
264) Theterm "election campaign" or "partisan political activity" refers to an act designed to promote the election or defeat of a particular candidate or candidates to a public office which shall include: 58
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/ or undertaking any campaign for or against a candidate b. Making speeches, announcements or commentaries, or holding interviews for or against the election of any candidate for public office c. Holding political caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose of soliciting votes and/ or undertaking any campaign or propaganda for or against a candidate d. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate e. All of the above 265) It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period. Provided, that political parties may hold political conventions or meetings to nominate their official candidates within ____________ days before the commencement of the campaign period and ___________days for Presidential and Vice-Presidential election. a. b. c. d. e.
266)
thirty ; thirty thirty ; forty-five sixty ; thirty forty-five; sixty twenty ; thirty
Which of the followingare theList of Lawful Election Propaganda: a. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one half inches in width and fourteen inches in length b. Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office c. Paid advertisements in print or broadcast media: Provided, That the advertisements shall follow the requirements set forth in Section 4 of this Act d. All of the above 59
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
e. None of the above 267)
It shall be unlawful for any person during the campaign period: a. To prevent thedistribution of lawful election propaganda b. To remove, destroy, obliterate, in any manner deface or tamper a lawful election propaganda c. Give out handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office d. A & B e. All of the above
268)
Thefollowing are prohibited forms of election propagandaexcept: a. 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 b. To show or display publicly any advertisement or propaganda for or against any candidate by means of cinematography, audio-visual units or other screen projections except telecasts which may be allowed as hereinafter provided c. For any radio broadcasting or television station to sell or give free of charge air time for campaign and other political purposes except as authorized in this Code under the rules and regulations promulgated by the Commission pursuant thereto d. Any published or printed election propaganda should bear and be identified by the words "paid for by" followed by name and address of the payor and by the words "printed by" followed by the name and address of the printer. e. All of the above
269) TheCommission shall promulgate rules and regulations of Election Propaganda through Mass Media: a. Regarding the sale of air time during the campaign period b. Make sure that thelimitation of expenditures are effectively enforced c. Ensure that said radio broadcasting and television stations shall allow scheduling of any program or permit any sponsor to manifestly favor or oppose any candidate or political party except for newsworthy events and matters of public interest. d. All of the above 60
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
e. A & B 270) Any political party or candidate shall notify the election registrar concerned of any public rally said political party or candidate intends to organize and hold in the city or municipality, and within _______ working days thereafter submit to the election registrar a statement of expenses incurred in connection therewith. a. b. c. d.
Fifteen Seven Thirty Three
271) It shall beunlawful to give or accept, free of charge, directly or indirectly, transportation, food or drinks or things of value: a. b. c. d. e. 272)
five hours before and after a public meeting on theday preceding the election on theday of the election A, B & C None of the above
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 areain which the newspaper is circulated.
a. FIRST STATEMENT b. SECOND STATEMENT 61
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. BOTH STATEMENTS d. None of the above e. All of the above 273) The following are prohibited intervention of any foreigner in connection with any election campaign except a. b. c. d.
274)
To aid a candidate or political party To take part in or influencein any manner in any election To converse/ talk to any candidate during thecampaign period To contribute or make expenditure with any election campaign or partisan political activity
Thefollowing are lawful election propaganda, except a. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials of a size not more than eight and one-half inches in width and fourteen inches in length b. Hand written or printed letters urging voters to vote for or against any particular candidate 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 d. only b and c
275) It shall be unlawful for any person or any party to engage in election campaign or partisan political activity except: a. b. c. d.
before thedayof the election theday of the election period duringthecampaign period during theelection period
ARTICLE XI: ELECTORAL CONTRIBUTIONS AND EXPENDITURES
276)
Article XI of theOmnibus Election Codedefines "contribution" as: a. Includes agift, donation, subscription, loan, advanceor deposit of moneyor anything of value, or a contract. 62
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b. Promise or agreement to contribute, whether or not legally enforceable, made for the purposeof influencing the results of the election. c. It shall also include the use of facilities voluntarily donated by other persons. d. All of the above 277)
" Expenditures " refer to: a. Does not include the payment or delivery of money of anything of value, or a contract, promise or agreement to make an expenditure. b. It shall specifically include the use of facilities paid by theparties or sponsors. c. All expenses paid for the purposeof influencing the results of the election, whether be in form of cash, of value, contract. d. NONE
278)
Persons and entities who are not prohibited to make contributions are: a. Natural and juridical persons operating apublic utility or in Possession of or exploiting any natural resources of the nation. b. Natural and juridical persons who hold contracts or sub-contracts to supply the government of any of its divisions, subdivisions, or instrumentalities. c. Foreigners and foreign corporations. d. NONE
279) Which statement is in accordance with Section 96, Art. XI of the Omnibus Code: a. Soliciting or receiving contributions from foreign sources are allowed. b. A political party or public or private entity to conduct solicitation whether directly or indirectly. c. Part of thecontributions madeshall beapportioned to other expenditures d. That, it is unlawful for any person, entity to solicit in whatever nature. 280) It shall be unlawful for any person, entity to hold a fund raising such as lotteries, dancecontests, bingo, beauty contest. a. Three (3) months before election day. 63
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b. Two (2) weeks before election day c. From commencement of election period up to and including election day d. None of the above 281) True name if contributor is required. No person shall make any contribution in anyname except: a. His representative b. His political party c. Any of his kin d. His own 282) Every person giving contributions to any candidate, treasurer of the party, or authorized representative of such candidate or treasurer shall… a. Demand for an acknowledgment receipts for the contribution made. b. After Election day, report such contribution to the Commission for whatever intended purposes it may serve him. c. Not later than 15 days after campaign to report such to the Office of the Commission for recording purposes. d. Not later than 30 days after the day of election, file with the Commission areport under oath stating the said contribution, and other info related to it. 283) Lawful expenditures which are permissible because of its nature and purposes allowed under this Code are: a. Travelling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto. b. Allowances given to supporters derived from contributions. c. Incentives apportioned to campaign leaders. d. Salaries of campaign leaders, drivers, liaison officers. 284)
Who are authorized to incur election expenditures? a. Designated representatives of the candidates b. Campaign managers and staff of the candidates responsible in formulating strategic campaign propaganda for their candidates c. Thecandidates, treasurer of a political party or any person authorized by such candidate or treasurer. d. All of the above
285) First Statement: No candidate, his or her spouse or any relative within the second civil degree of consanguinity or affinity, or his campaign manager, 64
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agent or representative shall during the campaign period, on the day before and on the day of the election, directly or indirectly, make any donation, contribution. Second Statement: However, above statement does not apply to treasurers, agents, or representative of any political party. a. Both statements are true b. Both statements are false c. First statement is trueand second is false d. First statement is false and second is true
286) Theprocedure of accounting byagents of candidate or treasurer receiving contributions or incurring expenditures by authority of the candidate shall be: a. Log in the records of expenditures of theparty b. Kept and reported within Ten Days (10) after election day c. Reported to the candidate personally regularly upon receipt. d. On demand by thecandidate or treasurer of the party and in any event within Five Days (5) after receiving should be reported in detail attached with vouchers or official receipts. 287) Theperson responsible with the records and expenditures is, are as follows: a. Certified public accountant of a political party who shall report it directly to the candidate b. Thecandidatehimself only c. Thetreasurer of thecandidate or political party d. Every candidate, treasurer of the political party an person acting under the authority if such candidate or treasurer to issuea receipt for every contribution received 288) Statement of contributions and expenditures shall be filed in duplicate with the respective offices scheduled: a. Ten days (10) after the election b. Not later than Seven days (7) or earlier than Ten Days (10) before the day of the election c. Not later than Ten days (10) or earlier than Seven Days before the day of the election d. Upon noticebytheCOMELEC after election day
65
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289) The place for filing statements of contributions and expenditures of those candidates for President and VicePresident shall be with: a. TheOfficeof theNational Capital Region b. TheOffice of theSecretary in Malacanang c. TheOfficeof theCongress of thePhilippines d. The Commission 290) If statements of contributions and expenditures are sent via mail, the filing date to be considered shall be: a. Thedate receipt by Commission b. Thedate of subscription on the statement c. The date acknowledged on thereceipt by any personnel of the Office of the Commission d. Thedate on which is registered with thepost 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 and etc. a. Only second statement is true b. Both statements are true c. Only first statement is true d. Noneof the 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 theypertain. They shall only be removed when: a. There is any inquiry of the records of thestatements of contributions and expenditures b. Any individual, representative of a political party request for a copy of such statements. c. TheCommission on Audit demands copies for review purposes d. Upon theorder of theCommission or competent court and an officer-in-charge to copy furnish of certified copies after payment of such prescribed fees.
66
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293) Theeffect of failureto 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 offenseand to pay fine as prescribed as proved in this provision b. Be barred from participating the next elections c. Theoffenders shall besummoned by Commission to submit in writing causeof non-submission of such statement of contribution and expenditures d. A fine of OneThousand ( P1,000.00) to Five Thousand Pesos ( P 5,000.00) 294) Report of contractor and business firms are not subject to be filed with the Commission within thirty days after the day of election: a. True b. False c. True. The Commission to summon theseentities for further scrutinization d. False. Business and contracts fall under the jurisdiction of the Commission of Audit 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. a. Theprovision is sufficient and correct. b. Theprovision has repealed. c. Theprovision is partially incorrect. 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 a. Bribe b. Expenditure c. Contribution d. Pocket money 67
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297) Failure to file the statements or reports in connection with electoral contributions and expenditures as required shall a. constitute an administrative offense for which the offenders shall be liable to pay an administrative fine ranging from P20,000to P50,000 b. subject theoffender to perpetual disqualification to hold public office c. require the payment of the fine within fifteen (15) days from receipt of notice of failure d. All of the above 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 a. within 20 days b. within 25 days c. within 30 days d. within 45 days 299) Which of the following statements is true? a. 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, but may contribute or make any expenditure in connection with a partisan political activity b. 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, but may contribute or make any expenditure in connection with any election campaign 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 d. All of the above ARTICLE XII: REGISTRATION OF VOTERS
300)
Thefollowing are true regarding qualifications for suffrage, except a. It may be exercised by all citizens of the Philippines not otherwise disqualified by law b. At least 18 years of age
68
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c. Shall have resided in the Philippines for at least 1 year and in the place wherein they propose to vote for at least six months immediately preceding the election d. Literacy, property and other substantive requirement shall also be imposed on the exerciseof suffrage 301)
What may support apetition for inclusion in thepermanent list of voters a. Certificate of disapproval of application b. Proof of service of noticeof the petition upon theBoard. c. All of the above d. None of the above
302)
Thepetition for inclusion in thelist of voters shall bedecided a. Within 10 days after its filing b. Within 15 days after its filing c. Within 20 days after its filing d. Within 5 days after its filing
303) Any voter, election registrar, or duly registered political party, organization or coalition of political parties may file a petition to annul a permanent list of voters with what particular office or officer? a. COMELEC Registration Officer b. Board of Election Inspector c. Metropolitan Trial Court d. COMELEC 304) An application for registration duly approved by the Election Registration Board is called a. Book of Voters b. Registration Record c. Registration List 305)
Thefollowing are qualified to register, except a. Those who have resided in the Philippines for at least 6 months b. Citizens of the Philippines c. Those not disqualified bylaw to register d. Those 18years old and above
306) The following are common rules governing judicial proceedings in the matter of inclusion, exclusion, and correction of names of voters, except 69
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. A petition shall refer only to one precinct and shall implead the Board as respondents b. Petition for inclusion, exclusion or correction of names of voters shall be filed at anytime provided it is during a reasonable hour c. The petition shall be heard and decided within ten (10) days from the date of its filing d. The decision shall be based on the evidence presented and in no case rendered upon a stipulation of facts. 307)
Who prescribes disqualifications for suffrage? a. President b. Congress c. COMELEC d. Supreme Court
308)
Why has the voting age been lowered to eighteen (18) years? a. to broaden the mass electoral base b. in order to emphasize the role of the youth in public affairs c. because it is theage of majority d. A and B
309)
Who are not qualified to voteunder theElection Code? a. Insaneor feeble-minded persons b. Any person adjudged by final judgment by a competent court of having violated allegiance to the Republic of the Philippines c. Any person who has been sentenced by final judgment to suffer an imprisonment of not less than one year d. All of the above
310) If eighteen (18) is the minimum voting age, are fifteen (15) years of age allowed to vote? a. Yes, provided that there is a referendum prescribing separate ballot boxes for those below eighteen (18) years of age b. No, because the age requirement is expressly provided for by the Constitution c. Yes, provided that specific qualifications provided by the law are complied with d. Yes, becausethey are subject to influenceand intimidation 311)
Is registration a condition precedent in order to confer the right to vote? a. Yes, without registration, an individual is not qualified to vote 70
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
b. Yes, but a registration is a regulation, not aqualification c. No, because it is merely an exerciseof a right d. No, it is an absolute requirement 312) Which of the following instances is false as regards to the Personal Overseas AbsenteeRegistration? 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 b. The Commission shall provide a special mechanism of personal registration in caseof seafarers. c. The Commission is authorized to prescribe additional procedures for overseas absenteeregistration. d. TheCommission shall provide for a period within which applications to register must be filed for the succeeding elections after the May, 2004 elections. 313)
Exercises original jurisdiction involving voters exclusion/ inclusion cases a. Municipal Trial Court b. Regional Trial Court c. COMELEC Division d. COMELEC En Banc
314) Remedy available to an aggrieved party if the list of voters in precinct is affected by fraud, bribery, forgery or force is to a. file a petition for declaration of failureof election b. file an exclusion case c. file motion for reconsideration d. file a caseof annulment of list of voters 315)
Thetheory on suffrage prevailing in thePhilippines a. Suffrage is aprivilege b. Suffrage is an obligation c. Both aand b d. None of the above
316) What are the rights of voters excluded through inadvertenceor registered with erroneous or misspelled name? a. He has the right to apply within twenty days after the last registration day, to the proper municipal or metropolitan trial court, for an order directing the board of election inspectors to include or reinstate his 71
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
name in the list, together with the certificate of board of election inspectors regarding his case and proof of service of notice of his petition upon a member of the board of election inspectors with indication of the time, place, and court before which petition is to be heard. b. Theright 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 c. Both a and b d. None of the above 317)
Every citizen who is qualified to voteis obliged to ________. a. Register and nominate candidates for public office b. Support aparticular political party c. Register and cast his vote d. No, the law does not impose any obligation because a qualified voter cannot be compelled to cast his vote ARTICLE XIII: PRECINCTS AND POLLING PLACES
318) Election precincts shall haveas far as possible___________ and shall compromise, as far as practicable, contiguous and compact territory. a. b. c. d. 319)
200 voters not more than 200 voters 300 voters not more than 300 voters
Thepollingplaceof theoriginal precincts shall belocated a. same building or compound where polling placeof the original precincts is located b. any building or compound as long as there is aprecinct is located. c. Only a is true d. Only b is true
320) When it appears that election precinct contains more than three hundred votes, the Commission shall: a. be authorized to dividethe precinct not later than 10days. b. be authorized to dividethe precinct not later than 2 weeks. 72
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c. be authorized to dividethe precinct not later than 2 weeks after the last day of registration of voters. d. be authorized to dividethe precinct not later than 1 week after the last day of registration of voters. 321)
(A) An island or group of Islands having onehundred and fifty or more voters shall constitute a precinct. (B) An island or group of Islands having two hundred and fifty or more voters shall constitute aprecinct. a. b. c. d.
Only A is true Only B is true A and B are both true A and B are both false
322)
Publication of maps or precincts shall be a. At least 5days before the first registration. b. At least 10 days before the first registration. c. At least 15 days before the first registration. d. At least 20 days before the first registration.
323)
(A) Themaps shall bekept posted until after the election, referendum or plebiscite (B) This will work to the advantage of the Commission to lessen its burden on the election day and for the speedy voting and counting a. A is true b. B is true c. Both A and B aretrue d. Both A and B are false
324)
Polling place is a. Building or placewhere the board of election inspectors conducts its proceeding and where the voters shall cast their votes. b. Themost important place during election day. c. The location of polling places may be changed when necessary for the safety and convenience of the voters. d. All of the above
325)
Location of pollingplaces before regular election can be changed within a. 30 days 73
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b. 35 days c. 40 days d. 45 days 326)
Location of pollingplaces before special election can bechanged within a. b. c. d.
327)
30 days 35 days 40 days 45 days
No pollingplaceshall be located in a. Public or private building owned, leased or occupied by any candidate or of any person who is related to any candidate within the fourth civil degree of consanguinity or affinity. b. Any building or surrounding premises under the actual control of a private entity, political party or religious organization. c. Located within the perimeter of or insidea military or policecamp or reservation or within a prison compound. d. All of the above
328) Any registered voter, candidate or political party may petition the Commission not later than________________ before the first registration day for the transfer of the polling placefrom theprohibited buildings. a. 30 days b. 35 days c. 40 days d. 45 days 329)
(A) On theday of voting as well as on any day that the board of election inspectors might meet, every polling placeshall have in front a sign showing the number of the precinct to which it belongs and the Philippine flag shall be hoisted at the proper height. (B).This is to inform the voters on where to proceed and cast their votes. a. Only A is true b. Only B is true c. A and B are both true d. Neither A or B is true.
330)
Which of thefollowingchoices is true? 74
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a. Any provision of law to the contrary notwithstanding, there shall be in each polling place at least ten (5) voting booths of such size, specifications and materials as the Commission mayprovide to enable the voters to fill out their ballots secretly. b. Any provision of law to the contrary notwithstanding, there shall be in each polling place at least ten (10) voting booths of such size, specifications and materials as the Commission may provide to enable the voters to fill out their ballots secretly. c. Any provision of law to the contrary notwithstanding, there shall be in each polling place at least ten (15) voting booths of such size, specifications and materials as the Commission may provide to enable the voters to fill out their ballots secretly. d. Any provision of law to the contrary notwithstanding, there shall be in each polling place at least ten (20) voting booths of such size, specifications and materials as the Commission may provide to enable the voters to fill out their ballots secretly. 331)
Guard Rails should have: a. In every polling place there shall be a guard rail between the voting booths and the table for the board of election inspectors which shall have separate entrance and exit. The booths shall be so arranged that they can be accessible only by passing through the guard rail and by entering through its open side facing the table of the board of election inspectors. b. There shall also be a guard rail for the watchers between the place reserved for them and the table for the board of election inspectors and at a distance of not more than fifty centimeters from the latter so that the watchers may see and read clearly during the counting of the contents of the ballots and see and count the votes recorded by the board of election inspectors member on the corresponding tally sheets. c. There shall also be, if possible, guard rails separating the table of the board of election inspectors from the voters waiting for their turn to cast their votes, with entrance and exit to give them orderly access to the table and the booths during thevoting. d. All of the above.
332)
Who shall record thevotes received during election? a. Chairman of the Board of Election Inspectors b. Poll Clerk c. Assistant of BEI 75
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d.
School Principals
333) Who shall furnishing of ballot boxes, forms, stationeries and materials for election. a. Poll Clerk b. City Mayor c. Commission on Election d. Municipal Secretary 334) Who shall have custody of the election paraphernalia, supplies and materials that are entrusted under the law or rules of the Commission and shall be responsible for their preservation and storage, and for any loss, destruction, impairment or damage of any election equipment, material or document in their possession furnished under the Election Code a. Provincial Treasurer b. City Treasurer c. Municipal Treasurer d. All of the Above 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 theseinspections a. Provincial Treasurer b. Poll Clerk c. Board of Election Inspector d. Commission on Election.
336)
Thecommission may a. Introduce adjustments, changes, or new divisions or abolish precincts absolutely b. Introduce adjustments, changes, or new divisions or abolish precincts provided that the territory comprising an election precinct shall not be altered, but can establish new precinct within 15 days before a regular election and 45 days before aspecial election or a referendum or plebiscite c. Introduce adjustments, changes, or new divisions or abolish election precinct provided that the territory comprising an election precinct 76
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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 referendumor plebiscite d. Introduce adjustments, changes, or new divisions or abolish precincts provided that the territory comprising an election precinct shall not be altered, but can establish new precinct within 30 days before a regular election and 45 days before a special election ARTICLE XIV: BOARD OF ELECTIONS
337) The following are qualifications for the Board of Election Inspectors, except a. Has never been convicted of any election offense or any other crime punishable by more than 6 months imprisonment b. Able to speak and write English or the local dialect c. Must not be related within the 5th civil degree by consanguinity or affinity to any member of the BEI or to anycandidate to be voted for in the polling place d. Must be of good moral character and irreproachable reputation 338) In Section 164. In Composition and appointment of board of election inspectors. How many days before the date when the voters list is to be prepared in accordance with this Code in the caseof Regular Election? a. b. c. d.
339)
15 days 20 days 25 days 30 days
How about in aSpecial Election? a. b. c. d. e.
15 days 20 days 25 days 30 days 35 days
77
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
340) I n Section ction 165. Afte After the the Oath of the the members of the the boa board of election ction inspe inspectors. ctors. The The oaths shall be sent im immedia diately to the What Ci City or Municipal Department? a. b. c. d. e.
City/ Mun Municip icipa al Le L egal Off Offic ice e City/ City/ Municip Municipa al As A ssessor’s or’s Office Of fice City/ Mun Municip icipa al Mayor’s or’s Office Office City / Municipa Municipal Trea Treasurer’s Office ffice City / Municipa Municipal Ad Administra inistrator’s tor’s Office ff ice.
341) I n Section ction 166. Qualifica lification of me members of the boa board of ele elect ction ion inspector - No person shall be appointe ppointed chairman, member or or substitute member of the board of election ction inspe inspectors ctors unless? a. heis of good moral oral characte racter and and irre irreproa proacha chable reputa reputation, tion, b. a reg registered red vote voter of thecity or or mun munici icipa pality lity,, c. has never been convicted convicted of any election off offense nse or of any othe other crim crime punisha punishable ble by more ore than si six months of of imprisonm prisonme ent, d. or if if he has pending against nst him an inform informa ation tion for for any any election off offense. He He must be able ble to speak and write write Eng English or the the local dialect. e. All of of the the Abo Above 342) I n Section ction 167. Dis Disqualifica lification.-N tion.-No o pe person rson shall serve rve as cha chairma irman or member of of the boa board of election ction inspe inspectors if if he is rel related within thin the ________________ _______________________ ___________ ____ to to any member of of th the board of ele election ion inspectors or to to any candidate ndidate to be voted for in the poll polling place or his his spouse. a. b. c. d. e.
Third Civil Civil De Degree ree of Consa Consanguinity or Aff Affinity Third Civil Civil De Degree ree of Consa Consanguinity Fourth ourth Civil Civil De Degree ree of Consa Consanguinity or Affi Affinity nity Fourth ourth Civil De D egree ree of Con Cons sanguinity Fourth Fourth Civil Deg Degree of Affinity Affinity
343) I n Section 168. Powe Powers of the the boa board of elec lection inspe inspectors ctors..- Wha What are the powe powers and and function function of the board of of election ction inspe inspectors? a.
Conductt the Conduc the voting voting and counting of votes in their respe respective ctive poll polling places. 78
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b.
c.
d. e.
Act as as deputies of the Comm Commission in in the supervision rvision and contr control ol of the election ction in in the poll polling places wherein they are assigned, to to assure assure the holdi holding ng of the same in a fre free, orderl orderly y and honest ma manner. nner. Perform rform such such other other functions prescri prescribe bed by this Code Code or by the rule rules and re regulations tions promu promulgated by the Comm Commission. ssion. A, B & C. Noneof the Above.
344) I n Section ction 170. Relie Relieff and and substitu bstitution tion of me members of the boa board of of election ction inspectors.inspectors.- Who shall not be relie relieved nor nor disqualified from from acting cting as such members, except for causeand after due hearing? ring? a. Election ion Offic Office er b. Gove overnment Employee c. Public Public School School Te Teacher who are members of Non-G N on-Gove overnment Organization. d. Public ublic school school te teachers who are members of the board of election ction inspectors. e. None one of the the Above Above. 345) I n Section 172. Proce Proceedings of the the boa board of ele elect ction ion inspe inspectors ctors..- The meetings tings of the board of election ction inspe inspectors ctors shall be publi public and shall be held only in? a. b. c. d. e.
City / Municip Municipa ality Legal Office Of fice City / Municipa Municipality Trea Treasurer’s Office ffice. TheSession ssion of the Sanggunian uniang g Panlung Panlungsod. sod. ThePolli olling place placeauthorized by the Commission. None one of the the Above Above.
346) I n B.P 88 881 Sec. 166 No person rson shall be appoin ppointe ted as cha chairma irman, member or substitute substitute member of of the BEI BE I unle unless heis: a. Of good mora morall characte racter and irre irreproa proacha chable reputa reputation. tion. b. A reg registered red vote voter of the city or munici unicipa pality lity.. c. Has never been convicted of any other crim crime punishable by more than si six (6) months im imprisonm prisonme ent, or if he has pending nding against him him an information for any election d. I n addit dditio ion n Sec. 3 of R.A 9369 provides provides that atl atle east one member of the BEI BE I is an inform informa ation tion techn technology ology (I.T (I.T)) capable person who who was trained trained or certified certified by by theDOST to usethe AES. e. All All of th the above ove. 79
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347) a. b. c. d.
e.
TheBoa Board of Elec Election tion I nspectors tors (BE (BEI ) is composed of: Chairman A poll poll cle clerk who must must be both public public school te teachers Two Two members each representing ing tow accredite ited polit litica ical parties. Among those 4 members of of the board board Sec. 3 of R.A R.A 9369 require quires that atleast one of the the members is is an Inf I nforma ormation tion Te Technolog chnology (I.T (I .T)) All of the Above.
348) Which of the follow following ing is not not within the powe powers and functions functions of the Board Board of Election lection I nspe nspector a. Conduct Conduct the voting and coun counti ting ng of votes votes in their respective poll polliing places b. Act as the deputies puties of the CO COM MELEC in in the the supervision and control control of the election ction in in the poll polling places wherein rein they are assigned c. To disqua disqualify ify acandidate from be being elected in the election d. To ass assure urethe holding holding of a free, orderl orderly y and hone honest election 349)
Wha What is (are) thequalifi lifica cation(s) tion(s) of a Board of Ele E lection ction Ins Inspe pector ctor (BEI (BE I ) a. related with within in 4th civil civil degree by consa consanguinity uinity or affinity nity to any member of the BEI BEI or to any candidate ndidate to be voted for in the polli polling place b. engages in any any partisa rtisan politi politica cal activity ctivity c. able to speak and write rite English lish or the local dia dialect d. A and B ART ARTICLE CLE XV: XV: WATCHE ATCH ERS
350)
How many poll poll watchers tchers are allowed for an indepe independent candidate? ndidate? a. 2 watch tchers b. 1 watch tcher c. 3 watch tchers d. 4 watch tchers e. No wa watche tcher is allow allowe ed
351) Which Which of the following are accre ccredited citize citizen n arm of the Commission ission as poll poll watchers? a. NAM NAMFREL 80
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b. c. d. e.
PPCRV Liberal Party Poll Watchers A and B B and C
352)
Thefollowingare qualifications of Watcher except: a. Qualified Voter of theCity or Municipality b. Good Reputation c. Good Moral Character d. Not convicted of any election offense or other crime e. Must know how to read and write
353)
Which of the followingstatements areFALSE: 1 statement: The Poll Watcher is obligated to present his appointment st
to the Chairman of the BEI. 2nd statement: The BEI shall record in the Minutes with a notation that the Poll watcher with the signature thereof that he is not disqualified to be such. 3rd Statement: The Appointment letter must be signed by the poll watcher himself and the candidate or political party who appointed him a. 1st Statement b. 2nd Statement c. 3rd Statement d. None of the Above e. All of the Above 354)
The FOLLOWING should NOT be done by a Poll Watcher except: a. To stay in the place or space reserved for them INSIDE the polling precinct. b. To take photographs of the voter before voting, while voting and after voting. c. Cannot file any protest if witnessed any irregularity or violation of the law committed by any one inside the polling place d. To read the ballots after they had been fed to the PCOS machine e. To help the citizen voter in deciding which candidate to vote, as a citizen arm who is responsible for a good election.
355)
Which is aqualification of a watcher? a. good reputation b. college graduate 81
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. at least 21 years of age d. all of theabove ‘ 356) Who are entitled to bewatchers? a. Registered political party b. Registered coalition of political parties c. Registered independent candidate d. All of the above ARTIVCLE XVI: OFFICIAL BALLOTS AND ELECTIONS RETURNS
357) How many days before an election can the Commission can publish in a newspaper of general circulation certified data on the number of official ballots and election returns and the names and addresses of the printers and the number printed by each. a. b. c. d.
at least ten days at least fifteen days thirty days not morethan fifteen
358) Which of thefollowingare NOT true: 1- A Ballot indicates theVoter’s will 2- Every ballot is presumed valid 3- In appreciation of ballots what is necessary is to ascertain and carry into effect the intention of the voter a. 1 b. 2 c. 3 d. None of the Above e. All of the Above 359) Mr. Defeated filed an election protest against Mayor Winner, alleging Mayor Winner won becauseof tampering the ballots. To acquire evidence of such allegation, Mr. Defeated wrote a letter to the COMELEC to surrender to him all the ballots containing the Mayor election of their place. COMELEC refused because Ballots are sacred and vested with secrecy that NO ballot should photocopied even if it is for election protest cases. Is the statement of the COMELEC tenable? a. YES. Ballots contains the voter’s will therefore it vested with secrecy. 82
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
b. YES because theCOMELEC rule so provides c. NO. Ballots are public record d. NO because producing ballots to the election protest cases is an allowed practice by the Commission there is no rule prohibiting to such. 360) In PCOS election, Ballots may be rejected by the PCOS during the scanning. There will be 3 different types of messages when the PCOS rejects a ballot, the following are: a. b. c. d.
Spoiled Ballot, Ambiguous Mark and Invalid Ballot Misread Ballot, Spoiled Ballot andInvalid Ballot Ambiguous Mark, Misread Ballot, Invalid Ballot Ambiguous Mark, Misread Ballot, Spoiled Ballot
361) What will the BEI Chairman do when the VOTER returned to him a Ballot that was rejected by the PCOS? a. Cut theBallot into half and throw it to thetrash can. b. Mark the ballot “Rejected” and cut it into half. c. Require all BEI members in the precinct to sign at the back of the ballot and mark the ballot “Rejected” d. Require all BEI members in the precinct to sign at the back of the ballot, mark the ballot “Rejected” and cut into half and throw it to the trash can. ARTICLE XVII: CASTING OF VOTES
362)
What is the mandated Voting Hours as provided bytheElection Code? a. 7:00 am – 3:00 pm, strict implementation b. 7:00 am – 3:00 pm, allowed to be extended upon certain allowable conditions c. 6:00 am – 5:00 pm, strict implementation d. 6:00 am – 5:00 pm, allowed to be extended upon certain allowable conditions
363) During the voting hour, Mr. Citizen already voted but still stayed in the precinct in which he voted. PPCRV poll watcher talked to Mr. Citizen requesting him to go outside the precinct because he is not allowed to stay. Mr. Citizen refused to do so. He talked to BEI Chairman and demanded that 83
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
he be allowed to stay inside the precinct. What decision should BEI Chairman be? a. He should allow Mr. Citizen to stay inside the precinct provided he will not disturb the voter’s voting. b. He should allow Mr. Citizen to stay inside the precinct because he is a concerned citizen c. He should not allow Mr. Citizen to stay inside the precinct because he is not a watcher d. He should not allow Mr. Citizen to stay inside the precinct because he is considered as loitering in the premises. 364) Can a Poll watcher challenge any person offering to vote for not being a registered voter, from using the name of another or is suffering from civil interdiction? a. Yes, as provided bythe Election Codethe Poll watcher may do so. b. No, as provided by the Election Code that the Poll watcher cannot do so. c. Yes, becausepoll watchers are theguards of ballots by thecandidate. d. No, because poll watchers are merely citizen arms of the COMELEC. 365) Any Voter may challenge any voter offering to vote on the following ground for Illegal Acts, except: a. TheVoter has been paid to vote for a certain candidate. b. The voter is not a registered voter of the municipality that he intends to vote c. TheVoter has contributed money to other voter to vote for a certain candidate d. TheVoter is representing another person. 366) This is the Law enacted by the Congress that was first implemented during 2010 Presidential Elections and that allowed automated election. a. b. c. d.
R.A. 8436 R.A. 8435 R.A. 9369 R.A. 9366 84
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
ARTICLE XVIII: COUNTING OF VOTES
367) Can the board of election inspectors publicly count thevotes in any other place aside from the polling place? a. YES, as long as there is a written consent from the poll watchers of the different parties involved; b. NO, because that is tantamount to an election offense; c. YES, but only in the interest of free, orderly and honest elections d. NO, because they need to compute for the income taxes less the deductions for expenses and losses of different taxpayers, including the ratable portion of deductions, losses or expenses. 368) Which requisite is NOT required for the validity of the transfer of counting to a safer place? a. b. c. d.
Thefact of transfer shall beposted outsideof the pollingplace Thefact of transfer shall berecorded in the minutes of voting; The members of the Board and the watchers shall manifest their approval; The aforesaid approval shall be in writing and signed by the watchers and the members of the board.
369) Can a ballot erroneously placed in a spoiled ballot box still bevalid? a. YES, as longas it is folded; b. NO, because it stems from a poisonous tree; c. YES, it does not matter as long as it is placed there by a member of the board; d. YES, if it was placed by mistake. 370) Can the COMELEC conduct manual count when automated counting systemfails? a. YES, provided it is with the consent of all the watchers in the particular polling precinct; b. NO, because it is tainted with fraud and irregularity; c. YES, because the COMELEC is not precluded from conducting a manual count. d. NO, because the automated election is the only mode provided under RA 8436. 85
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
371)
What is thepresumption in appreciating the ballot? a. It shall be construed strictly against the voter and in favor of the candidate; b. All doubts must bein favor of thelegality of theballot c. All doubts must bear the presumption of regularity of administrative scrutiny, as enunciated in the caseof Ynot vs IAC; d. It is construed to always favor identity.
372) Can the Board count in favor of a candidate a ballot which bears his nickname? a. NO, it cannot be counted b. YES, it can be counted; c. YES, but only if there is no other candidate bearingthat nickname; d. NO, because each of us is a unique individual and Jesus loves us so much. 373)
What is astray vote? a. it is a name of a candidate which was subsequently written on the ballot of a person other than the voter. b. it is a name of a candidate written erroneously on the space provided for another position other than the position the candidate whose name was written was running for. c. the writing of names of non- candidates which is not for the purpose of identification of the ballot. d. a vote as written on the ballot purporting to be a candidate in another place or province.
374)
Which is considered astray vote? a. an illegible vote. b. a legible vote. c. a name of a candidate for the position of mayor under the space provided under the position of mayor. d. an existing name of candidate.
375) When the nickname of a candidate is a derivative or contraction of his Christian surname or name and if he is popularly or commonly known by that nickname, aballot where only such nickname appears is a. void b. voidable, by concurrence of the majority of the Board of Election Inspectors; 86
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. a mere surplus age and must not be counted in favor of any
candidate; d. valid 376)
Names areidem sonans a. if the attentive ear finds a lot of difficulty in distinguishing them when pronounced, or common and long continued usage has by corruption or abbreviation made them distinct in pronunciation. b. if the attentive ear finds some difficulty in marking them when pronounced, or common and long continued usage has by fraud or violence made themleast identical in pronunciation. c. if the attentive ear finds no difficulty in distinguishing them when pronounced, or common and long continued usagehas by corruption or abbreviation made themidentical in pronunciation. d. if theattentive ear finds no difficulty in distinguishing them when put on the ballot, or common and long continued writing has by corruption or abbreviation made them difficult to write.
377)
What is theeffect of a stray vote? a. it shall invalidate thevote. b. the watchers may validly question such in the Commission. c. it shall not invalidate theballot. d. it shall invalidate theballot.
378) When in a space in the ballot there appears the name of a candidate that is erased and another clearly written, the vote a. is valid for the other candidates, the space for the erased portion is void. b. is valid for thelatter. c. is void for any other candidate. d. is voidable for the latter. 379) Circles, crosses or lines put on the spaces on which the voter has not voted shall be considered as signs to indicate his desistance a. but will invalidate his ballot. b. and will validate thedesistance. c. and will invalidate his ballot to theextent of the cross, circle or line. d. and will not invalidate theballot. (CORRECT) 380)
Can aballot contain prefixes or suffixes? 87
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. YES, provided it is not contrary to morals, good customs, public policy, public order and the law. b. YES, but only if the candidate’s name contains such prefix or suffix. c. YES, they are valid. d. NO, because it will invalidate the candidate to whose name it is attached but not the whole ballot. 381) When can the Board of Election Supervisors deemed to pass upon the qualifications of a voter? a. When thevoters presented themselves for registration. b. when theBoard presents themselves before thevoters. c. When thevoters are applying for their voter’s ID. d. When the board has opportunity to judge on its validity should a protest for the samecomeup. 382)
Thepurpose of an immediate, public and continuous counting of votes is a. to dispel any semblanceof partiality and irregularity in the elections. b. to uphold V ox Populi, V ox Dei. c. to afford no opportunity for evil- disposed persons to tamper with the box and their contents. d. to dispel any protest upon the rules as prescribed bythe Board.
383)
Which is NOT a duty of an election inspector? a. conduct of election b. entertaining election c. counting of votes d. certification of theresult
384) When words written in the ballots are patently irrelevant or impertinent and appear to have been written for no other reason than to identify the votes, the ballots are a. valid, if said so by theBoard of Election Inspector. b. to be entertained as astraymark. c. are to be rejected. d. are to berespected as validation. 385)
Thefollowing are rules for appreciation of ballots, except: a. Idem sonans b. Ballots which contain prefixes such as “Sr.”, “Mr.”, “Datu”, “Ginoo”, etc. shall not be valid 88
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. When two words are written on the ballot, one of which is the first name of the candidate and the other is the surname of his opponent, the vote shall not be counted for either d. When on theballot is written a single word which is the first name of a candidate and which is at the same time the surname of his opponent, the vote shall be counted in favor of the latter ARTICLE XIX: CANVASS AND PROCLAMATIONS
386) How far from the canvassing room those prohibited persons under Sec. 232 of B.P. 881are not allowed to enter? a. b. c. d.
Within a radius of 15 meters Within a radius of 20 meters Within aradius of 30 meters Within a radius of 50 meters
387) What is thestandard number of board of canvassers for the province, city, municipality, and district of Metro Manila? a. Two – Chairman and Vice-Chairman b. Three – Chairman, Vice-Chairman and Provincial/ City/ District Superintendent of Schools c. Four or more- Chairman, Vice-Chairman, Provincial/ City/ District Superintendent of Schools and One representative from each of the ruling party and the dominant opposition political party. d. None of theabove. 388) The chairman and themembers of the board of canvassers shall not be related to any of the candidates whose votes will be canvassed by said board, or to any member of the same board, up to what civil degree? a. b. c. d.
1st degree of consanguinity or affinity 2nd degree of consanguinity or affinity 3rd degreeof consanguinity or affinity 4th degree of consanguinity or affinity
389) As per Sec. 223, in which period do members or substitutemembers will not allowed to leave their assigned station or be transferred outside his official station without prior authority from the Commissions? 89
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. During theday of the election only b. During theday of the election until the end of canvassing c. During theperiod beginning Election Day until theproclamation of the winning candidates. d. None of theabove. 390) In caseof non-availability, absence, disqualification dueto relationship, or incapacity for any causeof the Chairman, who will replace him? a. Provincial or City fiscal/ Vice-Chairman b. Any officer from the COMELEC c. Provincial, city or municipal officers of other government agencies in the province, city or municipality d. Representative of the accredited political parties. 391)
Who has thedirect control and supervision over the board of canvassers? a. Commission on Audit (COA) b. Commission on Election (COMELEC) c. Civil Service Commission (CSC) d. Professional Regulation Commission (PRC)
392) In renderinga decision, how much of thevotefrom theboard of canvassers is required for it to be valid? a. ½ of the vote b. ¾ of the vote c. Majority of the vote d. Only thechairman and vice-chairman’s vote will be considered 393) How will theelection returns for theprovincial and district board of canvassers be delivered and transmitted? a. Thecopy of the election returns of a polling place will be duly placed in a sealed envelope signed and affixed with the imprint of the right hand thumb of all the members of the board of election inspectors and will be personally delivered by the members of the board of election inspectors under proper receipt and signed by all the members thereof. b. The copy of the election returns of a polling placeshall 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. c. The copy of the election returns of a polling place will be personally delivered by two members of the COMELEC to the members of the 90
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board of canvassers under proper receipt and signed by all the members thereof. d. Thecopy of the election returns of a polling place will be duly placed in a sealed envelope signed and affixed with the imprint of the left hand thumb of all the members of the board of election inspectors and will be personally delivered by the members of the board of election inspectors under proper receipt and signed by all the members thereof. 394) Who holds thekeys to thepadlocks of the ballot box where all the returns are placed? a. Election registrar b. Election registrar and arepresentative of theruling party c. Chairman of the COMELEC d. Election registrar, a representative of the ruling party and the representative of the dominant political opposition party. 395) When will the board of canvassers meet to receivethe election returns for immediate canvassing? a. Not later than 12 noon of the Election Day. b. Not later than 4 pmof theElection Day c. Not later than 6 pmof the Election Day d. Not later than 12 midnight of theElection Day 396) In only what purpose can theboard of canvassers adjourn from canvassing the votes? a. Awaiting theother election returns from other polling places within its jurisdiction. b. Awaiting for the arrival of the representatives/ candidates for that particular place/ location c. When the COMELEC permits to do so d. At the discretion of theboard of canvassers 397) How many hours does theboard of canvassers have to complete their canvass in the municipalities? a. 24 hours b. 36 hours c. 48 hours d. 72 hours
91
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
398) How many hours does theboard of canvassers haveto completetheir canvass in cities? a. 24 hours b. 36 hours c. 48 hours d. 72 hours
399) How many hours does theboard of canvassers have to complete their canvass in provinces? a. 24 hours b. 36 hours c. 48 hours d. 72 hours 400) How many copies of a certificate of canvass supported by astatement of votes received byeach candidate in each polling placedoes the provincial and city boards of canvassers need to prepare with respect to the election for President and Vice-President? a. One copy – For the COMELEC b. Two copies – For the Speaker of the Batasang Pambansaand for the COMELEC c. Four copies – For the Speaker of the Batasang Pambansa, for the COMELEC, for theprovincial election supervisor and city Election Registrar d. Fivecopies - For theSpeaker 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 thepersons not allowed inside the canvassing room? a. Any officer or member of theArmed Forces of the Philippines b. Any peaceofficer c. Any armed or unarmed persons belonging to an extra-legal police agency, special forces, reaction forces, strike forces, homedefense forces, barangay self-defense units, barangay tanod, or naymember of the security or policeorganizations of government ministries, commissions, councils bureaus, offices, instrumentalities or any government-owned or controlled corporations or their subsidiaries or any member of privately owned or operated security, investigative, protective or intelligence agency performing identical or similar functions. 92
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d. All of the above 402) In what instances can the board of canvassers usethe authentic copies or certified copy of election returns? a. When theelection returns are missing b. When the election returns are lost or destroyed c. When the election returns cannot be clearly read d. When the delivery of the election returns are delayed 403) How will the board of canvassers decide who will beproclaimed 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? a. Theboard of canvassers will decide who will win, at their discretion b. There will beanother voting for that particular position c. The board of canvassers will draw lots and whoever was picked shall be proclaimed the winner d. The candidates who received equal number of votes will be declared as the elected candidates, regardless of number 404)
In what cases will theproclamation of elected candidates behindered? a. When the election returns are delayed, lost or destroyed b. When there are material defects in the election returns c. When there are discrepancies in the election returns and it appears to be tampered or falsified d. All of the above
405) Who will be assigned as a Chairman for theprovincial or city board of canvassers? a. Any lawyer fromthe COMELEC b. Provincial election supervisor/ city election registrar or alawyer of the Commission c. Provincial or city Fiscal d. Provincial or city superintendent of schools 406)
Board of Canvassers are consist of: a. Canvassers of each province b. Canvassers of each City c. Canvassers of each Municipality d. District of Metro Manila 93
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
e. All of the Above 407) Are members or substitutemember of thedifferent 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. a. Yes they are allowed 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 b. Election Fraud c. Election Sabotage d. Election Interference. 409) _______ voteof all themembers of the board of canvassers shall be necessary to render a decision a. Two Thirds b. Three Fourths c. Plurality d. Majority 410)
How many days shall bethe Noticeof meeting of the board? a. 3 b. 5 c. 8 d. 10
411)
Who shall bein-charge of safe keeping of theElection returns: a. Provincial Fiscal b. Provincial Judge c. Board of Canvassers
412) Theboard of canvassers shall meet not later than _______ in the afternoon of election dayat the placedesignated by the Commission to receive the election returns and to immediately canvass those that may have already been received: a. 3 pm b. 5 pm c. c. 2 pm 94
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. 6 pm 413) X run as candidate and was able to win the election. However, he fails to takehis oath. Decide his case. a. X is absolutely disqualified. b. The proclamation of X is considered as vacant. Provided, that such failure is for a cause/ s beyond his control. c. X may be re-elected. d. Both aand c are correct. 414) a. b. c. d.
A proclamation based on incompletereturns is valid voidable unenforceable void
ARTICLE XX: PRE- PROCLAMATION CONTROVERSIES
415) Which of the following may be raised in a pre-proclamation controversy? a. Illegal composition or proceedings of the board of canvassers b. The election returns were prepared under duress, threats, coercion or intimidation c. The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in another authentic copies thereof d. Only b and c e. Only a and c 416) This refers to the proceedings of the board of canvassers which may be raised by any candidates or by any registered political party or coalition of political parties, or by any accredited and participating party list group, before the board or directly with the Commission. a. Election Protest b. Pre-Proclamation Controversy c. Inclusion and Exclusion Proceedings d. Election Campaign 417) It is one which is visible to the eye or obvious to the understanding; that which is open, palpable, incontrovertible, needing no evidence to make it more clear. 95
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. b. c. d.
418)
Manifest Error Prohibited Access Direct Evidence Formal Defects
Which issue is covered by a pre-proclamation controversy? a. b. c. d.
Formal Defects in the Certificate of Candidacy Inclusion and Exclusion of Cases Failureof Elections Illegal Composition of the Board of Canvassers
419) Which is not an example of an illegal proceeding of the Board of Canvassers? a. PrecipitateCanvassing b. Terrorism c. Lack of sufficient noticeto themembers of the BOC d. Solicitation of advice fromtheBOC 420)
Who may raise a pre-proclamation controversy? a. anycandidate b. a registered political party c. a coalition of political parties d. all of theabove
421)
Before which tribunal can apre-proclamation controversy beraised? a. Before theBOC or directly with theCommission b. Board of Election Inspectors c. Presidential Electoral Tribunal d. Supreme Court
422) Parties adversely affected by a ruling of the board of canvassers on questions affecting its compositions or proceedings may appeal within how many days? a. 1 day 96
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
b. 3 days c. 15 days d. 30 days 423)
What is thetime table for deciding a pre-proclamation controversy? a. Shall be disposed of summarily by the Commission within 5 days from receipt thereof b. Shall be disposed of summarily by the Commission within 7 days from receipt thereof c. of summarily by theCommission within 10 days from receipt thereof d. of summarily by the Commission within 15 days from receipt thereof
424)
Thejurisdiction over pre-proclamation cases lies with the a. original and exclusive jurisdiction of theCOMELEC b. original and exclusive jurisdiction of the Senate Electoral Tribunal c. exclusiveand appellate jurisdiction of theCourt of Appeals d. exclusive and appellate jurisdiction of theCOMELEC 425) This is the proper action to correct mathematical and mechanical errors with respect to contesting aproclaimed winner. a. b. c. d.
a. b. c. d.
Petition for correction of manifest error Correction of mathematical and mechanical errors Quo warranto Annulment of proclamation 426) A pre-proclamation controversy can be filed by a losing candidate if: goons terrorized thevoters goons marked theballots to spoil them onevoter prepared thevotes of several voters the votes reflected in the election returns exceed the number of registered voters 427) The effect upon his elective office, of the failure of a proclaimed winning candidate to assume his office, without justifiablecause.
a. His office is deemed vacated b. He will facecriminal prosecution c. He can beheld administratively liable 97
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
d. All of them 428)
When does recall takes effect?
a. Upon filing of the petition by all theresidents b. Upon the proclamation of theresults bythe COMELEC c. Upon the election and proclamation of the successor who received the highest number of votes cast during the election recall d. All of the above ARTICLE XXI: ELECTON CONTEST
429)
What is an election protest? a. It is a proceeding to unseat the ineligible person from office, but not to install the protestant in his place. b. It is acontest between the defeated and winning candidates based on grounds of election frauds or irregularities, as to who actually obtained the majority of the legal votes and therefore is entitled to hold office c. It refers to questions of disloyalty or ineligibility of the winning candidate d. It can be filed by anyvoter.
430)
What are the requisites to beable to file a petition for quo warranto? a. Thepetition is filed byany registered voter in theconstituency b. The petition is filed on the ground of ineligibility or disloyalty to the Republic of the Philippines c. The petition must be filed within 15 days from the proclamation of the results of the election d. The petition must be filed within 10 days from the proclamation of the results of the election e. a, band c f. a, b and d 431) 1st Statement. Election Contest is the procedure to contest the election or return of an elective official
98
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2nd Statement. Election Contest is not the procedure to contest the election or return of an elective official. a. b. c. d.
1st statement is true 2nd statement is true Neither are true Both arefalse
432) 1st Statement. I n an Election Contest, Jurisdiction depends on the elective contest involved 2nd Statement. In an Election Contest, Jurisdiction does not depend on the elective contest involved. a. b. c. d.
1st statement is true 2nd statement is true Neither are true Both arefalse 433) Who has the Original Jurisdiction to hear Election Contest involving President?
a. b. c. d.
Supreme Court – Presidential Electoral Tribunal Senate Electoral Tribunal Houseof Representatives Electoral Tribunal COMELEC 434) Who has the Original Jurisdiction to hear Election Contest involving Senators
a. b. c. d.
Senate Electoral Tribunal MTC Houseof Representatives Electoral Tribunal COMELEC 435) Who has the Original Jurisdiction to hear Election Contest involving Houseof Representatives?
a. Houseof Representatives Electoral Tribunal b. Senate Electoral Tribunal 99
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
c. SC d. COMELEC
436) Who has the Original Jurisdiction to hear Election Contest involvingRegional, Provincial/ City Officials? a. b. c. d.
COMELEC Senate Electoral Tribunal Houseof Representatives Electoral Tribunal None of the above 437) Who has the Original Jurisdiction to hear Election Contest involving Municipal Officials?
a. b. c. d.
Regional Trial Court Senate Electoral Tribunal Supreme Court COMELEC 438) The following can be Respondents in an Election Contest, a) election offenders; b) appointive and/ or elective officials.
a. b. c. d.
TheStatement is Correct TheStatement is False Something is missing I don’t know 439) Thefollowing can be Adjudicators in an Election Contest, COMELEC/ RTC/ SUPREME COURT.
a. b. c. d.
TheStatement is Correct TheStatement is False Something is missing I don’t know
Ordinary Actions shall refer to Election Protests, Quo warranto, 440) and Appeals from decisions of courts in election protest cases. 100
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
a. b. c. d.
TheStatement is Correct TheStatement is False Something is missing I don’t know
441) Special Actions shall refer to Petitions to deny course to certificate of candidacy, to declare acandidate as anuisance candidate, to disqualify a candidate or to postpone or suspend an election a. b. c. d. 442)
TheStatement is Correct TheStatement is False Something is missing I don’t know
Special Cases shall refer to Pre-proclamation cases.
a. b. c. d.
TheStatement is Correct TheStatement is False Something is missing I don’t know
443) Special Reliefs shall refer to Certiorari, Prohibition, Mandamus and Contempt. a. b. c. d. 444)
TheStatement is Correct TheStatement is False Something is missing I don’t know
Provisional Remedies shall refer to injunction and/ or restraining order.
a. b. c. d.
TheStatement is Correct TheStatement is False Something is missing I don’t know
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. TheStatement is Correct 101
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MULTIPLE CHOICE QUESTIONS: OMNIBUS ELECTION CODE AND RELATED LAWS
b. TheStatement is False c. Something is missing d. I don’t know 446) The reglementary period to decide election protests cognizable by the COMELEC is a. b. c. d.
15 days from filing 6 months fromfiling the law/ rule is silent 90 days from submission for decision
447) Thereglementary period for filing presidential election protest is a. b. c. d. 448)
5 days from proclamation 10 days fromproclamation 15 days from proclamation 30 days fromproclamation
What is the natureof an election contest? a. b. c. d.
Summary Proceeding Civil Proceeding Special Proceeding Supplementary 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. a. b. c. d. 450)
Election Campaign Election Protest Quo Warranto Election Offenses
What is the period for filing an election protest? a. b. c. d.
Within 5 days upon proclamation of the results of the election Within 10 days upon proclamation of the results of the election Within 15 days upon proclamation of the results of the election Within 30 days upon proclamation of the results of the election 102
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451)
What is the period for filing a Quo Warranto? a. b. c. d.
452)
Within 5 days upon proclamation of the results of the election Within 10 days upon proclamation of the results of the election Within 15 days upon proclamation of the results of the election Within 30 days upon proclamation of the results of the election
What is the effect of the death of a protestant on an election contest? a. b. c. d.
It does not necessarily extinguish an election protest. It extinguishes the election protest entirely. It postpones theelection protest until a new protestant appears. Thecourt shall grant a motion for execution pending appeal.
453) In an election protest, who shall docket the protest and raffle the case to either the first or second division of the Commission? a. b. c. d.
Board of Canvassers Election Registration Board Board of Election Inspectors Election Contest and Adjudication Department
454) Within how many days shall the Commission decide on the election contest? a. b. c. d.
5 days from the date it is submitted for decision. 10days from the date it is submitted for decision. 20days from the date it is submitted for decision. 30days 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? a. b. c. d. 456)
Public interest is involved or thewill of the electorate. Theshortness of the remaining portion of the term. The length of time that the election contest has been pending. All of the above.
What is the purpose of an election contest? 103
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a. b. c. d. 457)
To ascertain the candidate lawfully elected to office. To participate in an election campaign. To ensurepurity of elections outsidepolitical influences. To entitle rights and privileges to election officers.
Who may file an election protest? 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. b. Can only be filed bya candidate who has duly filed acertificate of candidacy and has been voted for. c. Any candidate or any registered political party, organization, or coalition of political parties. d. A person having good moral character and irreproachable reputation.
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. b. Can only be filed bya candidate who has duly filed acertificate of candidacy and has been voted for. c. Any candidate or any registered political party, organization, or coalition of political parties. d. A person having good moral character and irreproachable reputation.
459)
Which is not a ground for summary dismissal of an Election Contest? a. b. c. d.
Protest is insufficient in form and content. Filing feeis not paid within the period for filing. There is amaterial misrepresentation contained in the protest. Commission has no jurisdiction over the subject matter. ARTICLE XXII: ELECTION OFFENSES
460)
Thefollowing are election offenses, except: a. Vote-buying and vote-selling b. Wagering upon theresult of the election 104
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c. Appointment of new employee d. None of theabove 461)
Which of the followingis considered an Election Offense? a. b. c. d.
All below Vote Buying Vote Selling DoubleRegistration
462) Which of thefollowing is considered an Election Offense? a. b. c. d. 463)
Which of the followingis considered an Election Offense? a. b. c. d.
464)
All below Illegal Substitution of Voter Illegal Preparation of Ballot DoubleRegistration
Which of the followingis considered an Election Offense? a. b. c. d.
465)
Both B and C Vote Buying Transferringtheregistration record of a voter None of the above
All below Prohibited election propaganda Unauthorized accessto contents of a ballot box DoubleRegistration
Which of the followingis considered an Election Offense? a. b. c. d.
Both B and C Illegal Substitution of Voter Prohibited election propaganda None of the above
466) Thepenalty for an Election Offenseinvolving Prohibited Election Propaganda is? 105
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a. b. c. d.
Removal of Propaganda Imprisonment Denial of Right of Suffrage None of the above
467) Thepenalty for an Election Offense involving Illegal preparation of ballot is? a. b. c. d.
Both B and C Imprisonment Denial of Right of Suffrage None of theabove
468) Thepenalty for an Election Offenseinvolving Illegal substitution of voter is? a. b. c. d.
Both B and C Imprisonment Denial of Right of Suffrage None of the above
469) Thepenalty for an Election Offense involving Unauthorized access to contents of a ballot box is? a. b. c. d.
Both B and C Imprisonment Denial of Right of Suffrage None of the above
470) Thepenalty for an Election Offense involving Double Registration is? a. b. c. d.
Both B and C Imprisonment Disqualification from holdinganypublic office None of the above
471) Any officer or a person who shall violatethe provision of the article XXII sec. 263 of the code shall be punished by imprisonment not less than? a. is only interlocutory order 106
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b. becomes final and executory c. becomes final subject for motions d. decidemotu proprio by thecourt 472) If the discovery of the offences madein an election thecontest proceedings, the period of the prescription shall commence on the date on which the judgment in such proceeding? a. b. c. d.
2 years 3 years 4 years 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? a. b. c. d.
COMELEC officials and the RTC judge. COMELEC officials and prosecutingofficials. COMELEC officials and Fiscal. COMELEC officials only
474) Theinvestigation andprosecution of cases involving violations of election laws shall be given preferenceand priority by the? a. six years and oneday 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. b. six years and one day not more than twelve years, with the exemption of accessory penalty of election offences. c. two years six months and one day not more than twelve years, with the accessory penalty of election offences. 475) The investigation shall be commencewithout delay, and shall be resolve by the investigating officer within? a. b. c. d.
five days from its submission for resolution. ten days from its submission for resolution. fifteen days from its submission for resolution. thirty days from its submission for resolution. 107
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476) Thecourt shall likewisegive preferenceto the election offences over all other cases, except petition for? a. DECLARATORY RELI EF and SIMILAR REMEDIES under rule 63 of the rules of court. b. Review of judgment and final orders or resolution of the COMELEC and the COA rule 64 of the rules of court. c. QUO WARRANTO under rule 66 of therules of court. d. HABEAS CORPUS under rule 102 of the rules of court. 477) As defined in the RevisePenal Code, person who criminally liable in election offenses are? a. Principal b. Accomplices c. Accessories d. All of the above 478) Any political party found guilty shall besentenced to pay the finenot less than? a. ten thousand pesos b. twenty thousand pesos c. thirty thousand pesos d. forty thousand pesos 479) In theevent that the Commission fails to act on any complaint within _____ months from his filing, the complainant may filethe complaint with the officeof the fiscal or with the Ministry of Justicefor proper investigation and prosecution, if warranted. a. b. c. d.
1 month 2 months 3 months 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? a. Violation of parliamentary immunity is involved. b. Treason, Espionage and Inciting to war or giving motives for reprisals is involved. 108
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c. murder, rapeor arson is involved. d. falsification of document is involved 481) Thepenalty shall not behigher than _________ and theoffender 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 a. b. c. d.
prison correctional reclusion temporal reclusion perpetua death penalty
482) Any person found guilty of the offense of failureto register or failureto vote shall, upon conviction, be fined and heshall 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. b. c. d.
of one year followinghis conviction of two years following his conviction of three years following his conviction of four years followinghis conviction
483) Thedirector of prisons, provincial warden, keeper of thejail or prison, or persons who are required by law to keep said prisoner in their custody shall, if convicted bya competent court, be sentenced to suffer the penalty of? a. prision correctional in its maximumperiod if theprisoner or prisoners so illegally released commit any act of intimidation, terrorismof interferencein the election. b. prision mayor in its maximumperiod if the prisoner or prisoners so illegally released commit anyact of intimidation, terrorismof interference in the election. c. suspension in its maximumperiod if the prisoner or prisoners so illegally released commit anyact of intimidation, terrorismof interference in the election d. penalties of perpetual or temporary special disqualification to its maximum period if the prisoner or prisoners so illegally released commit any act of intimidation, terrorismof interference in the election 109
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484) Thetrial shall likewisebe commenced without delay, and shall be conducted continuously until terminated, and the caseshall be decided? a. b. c. d.
within 10 days fromits submission for decision. within 15 days fromits submission for decision. within 30 days from its submission for decision. within 60 days fromits submission for decision.
485) Person who operates a radio or television station who without justifiable causediscriminates 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 thesale of air time. b. Refusal to carry election mail matter. c. Destroys or cancels any certificate of candidacy duly filed and which has not been cancelled upon order of the Commission. d. The period for filing the same and makes it appear that said certificate of candidacy was filed. 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? a. policeforce only to act as bodyguard subject to confirmation or revocation b. security guard only of thecandidate subject to confirmation or revocation c. local policeforce to act as bodyguard or security guard of the candidate, subject to confirmation or revocation. d. noneof theabove 487) The Commission is empowered to assign at the candidate’s 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? a. oneper candidate. b. two per candidate. c. three per candidate. 110
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d. four per candidate. 488) Prohibition against release, disbursement or expenditure of public funds. Any public official or employee including barangay officials and thoseof government-owned or controlled corporations and their subsidiaries, who, during? a. forty-five days before aregular election and thirty days before a special election, releases, disburses or expends any public fund. b. fifty-five days before aregular election and thirty days before a special election, releases, disburses or expends any public fund. c. sixty-five days before aregular election and thirty days before a special election, releases, disburses or expends any public fund. d. thirty-five days before aregular 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. a. b. c. d. 490)
police forces home defense forces barangay self-defense units, and all other para-military units. all of theabove
Thejurisdiction over election offenses lies with the a. b. c. d.
original and exclusivejurisdiction of theRegional Trial Court original and exclusive jurisdiction of the Senate Electoral Tribunal exclusiveand appellate jurisdiction of theCourt of Appeals exclusive and appellate jurisdiction of theCOMELEC
491) In People V. Usana (323 SCRA 755), thesearch 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. a. invalid b. unconstitutional; Violation of therights of theaccused c. valid, by way of exception d. constitutional 111
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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. a. b. c. d. 493)
true false true with exception falsewith exception
Thelaw governingelectoral contests are construed: a. Liberally to avoid theviolation of thecandidates rights b. Strictly to enforce thelaws set forth for the elections c. Liberally to ascertain thewill of the people d. Strictly to protect theinterest of thepeople.
494) The remedy available to those whose names were stricken out from the list of voters is to: a. file a caseof mandamus b. file an inclusion case c. file a motion for reconsideration d. file a caseof annulment of list of voters 495)
Theprescriptive period for election offenses is a. b. c. d.
oneyear from the date of commission five years from the date of commission ten years from the date of commission three years from thedate of commission
ARTICLE XXIII: LEGAL FEES
496) Can the COMELEC collect legal fees from the party for filing a second motion for consideration? a. b. c. d.
No. Legal fees can only be collected bythe clerk of court. No. Because it is not within the authority of theCOMELEC. Yes, in all cases. Yes, but only in appropriate cases.
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497) Which of the following statements is correct with respect to COMELEC’s authority to collect legal fees? a. The COMELEC is authorized to collect fees for every search of any record of more thanone year’s standing only. b. The COMELEC is authorized to collect fees for every search of any record of one year’s standing. c. The COMELEC is authorized to collect fees for every search of any record of less than one year’s standing. e. The COMELEC is NOT authorized to collect fees for every search of any record of less than one year’s standing. 498) Is the cashier of the Commission required to issue receipt for legal fees paid to the COMELEC? a. Definitely yes. b. Yes, except for those payments made for each certificate not on process. c. Yes, except for those payments made for every certificate or writ or process. d. Yes, except for those payments made for furnishing certified transcript of records. 499) ALL statements below are NOT correct regarding Section 271 of B.P. 881, except: a. The cashier of the Commission upon receipt of any of the fees mentioned in sec. 270 of B.P. 881 shall report such payment to the COMELEC within 5 days. b. The cashier of the Commission upon receipt of any of the fees mentioned in sec. 270 of B.P. 881 shall report such payment to the COMELEC within 7 days. c. The cashier of the Commission upon receipt of any of the fees mentioned in sec. 270 of B.P. 881 shall report such payment to the COMELEC immediately. d. The cashier of the Commission upon receipt of any of the fees mentioned in sec. 270 of B.P. 881 shall report such payment to the COMELEC upon request of any of the Commissioner. 500)
ALL statements below are trueregarding Section 270 of B.P. 881, except: 113
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