1.

The petition shall be denied. Under the rules on administrative

proceedings, an election contest involving municipal offices shall be under
jurisdiction of the Municipal Trial Court after the exhaustion of
administrative remedies. Black immediately and erroneously filed his
petition with the Supreme Court.

2.
The petition shall be granted and the pardon bears no effect. A
presidential pardon on election offenses requires the favorable
recommendation or approval by the Commission on Elections. Here, the
pardon was issued bereft of such recommendation. Hence, Mr. Clean is still
disqualified to run for an elective office.

3.

No. It is an accepted principle that the power to appoint is

discretionary. However, the power to appoint by the Civil Service
Commission can only be exercised when there is vacancy. P has already
assumed office while the protest was filed. Thus, there was clear error on
the part of the Civil Service Commission.

4.
 Yes. P’s candidacy was sworn with material misrepresentation of her
qualification on good conduct. Material misrepresentation of candidacy is a
ground for the cancellation or denial of candidacy. Since by operation of
law, P’s candidacy was cancelled, it is as if P was never a candidate. Y can
be proclaimed by the COMELEC.

5.

Yes. A regular appointment process is completed with the

acceptance by the appointee. The Constitution provides a guarantee that
no one shall be made to render any form of involuntary servitude. It is of
M’s liberty to accept or decline the President’s appointment.

6.

The authority of Ganda to appoint Pangit is valid. The acts by a de

facto officer, insofar as they affect the public, shall be valid and binding
with full legal effect. While the disqualification proceeding is still pending,
Ganda can appoint persons to office under her authority. Pangit has
security of tenure.

7.

Yes. The retirement age for a member of the judiciary is 65 years old
and for executive offices is 60 years. Nearing his retirement, Justice
Honesto is already unqualified for an appointment as Chairperson under
the Department of Justice. The Commission can justifiably deny the
appointment.

8.

A private landowner may decline an offer to his property against the

local government unit’s (LGU) exercise of its power of eminent domain.
Furthermore, before an expropriation proceeding can be initiated, an offer
must have been declined or refused by the private landowner. Here, the
LGU prematurely supposes the failure of an expropriation proceeding
where in fact it should have filed the proper petition with the courts.

9.

Pandoy can file an election protest with Commission on Elections

within 10 days from proclamation for the threatening acts of Macoy. The
acts committed by Macoy constitutes an election offense under threats and
terrorism, and can be properly remedied through an election protest with
the Commission on Elections.

10.
 No. The controversy here involves a question of legality of an law or
administrative act which requires quasi-judicial function. Exhaustion of
administrative remedies does not apply in a quasi-judicial controversy. The
appropriate remedy is with the regular courts through a petition
challenging the constitutionality of the memorandum circular.
Furthermore, the memorandum circular entails a violation of a
constitutional right which serves a legal basis for an action directly with the
judiciary.

11.

No. For a misrepresentation to be a ground for cancellation or denial

of candidacy, the misrepresentation must be material so much so that the
necessary qualifications of the candidate in question would render him or
her not viable for the elective office. Here, Astrid’s educational attainment
and history is not a qualification required or necessary for Mayoral office.

12.

The expropriation of Mr. Young’s property is valid. The acts by a de

facto officer, insofar as they affect the public, shall be valid and binding
with full legal effect. When Crazy Rich Asiana’s disqualification was still
pending, she still holds authority until final judgment of her disqualification.
Hence, the expropriation proceeding shall be given effect regardless of
Crazy Rich Asiana’s disqualification.

13.
 It is my advice to Madam Beagle to return to the country and assume
her office. She failed to assume office thus failing to complete holding of
the office which should then be under the jurisdiction of the HoRET.
COMELEC still holds jurisdiction and its judgment shall be rendered final.