The document contains instructions for a 1-hour election law final exam to be taken on January 17, 2022. It advises students to answer questions honestly and thoroughly while also noting that cheating will not be tolerated. The exam questions concern several issues relating to the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) including:
1) Whether members of the Bangsamoro Transition Authority (BTA) who filed certificates of candidacy for the 2022 elections should be deemed resigned from the BTA under the Omnibus Election Code.
2) Whether precedent allows BTA members who filed certificates of candidacy to avoid resignation if they lose their election bids.
3) The leg
The document contains instructions for a 1-hour election law final exam to be taken on January 17, 2022. It advises students to answer questions honestly and thoroughly while also noting that cheating will not be tolerated. The exam questions concern several issues relating to the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) including:
1) Whether members of the Bangsamoro Transition Authority (BTA) who filed certificates of candidacy for the 2022 elections should be deemed resigned from the BTA under the Omnibus Election Code.
2) Whether precedent allows BTA members who filed certificates of candidacy to avoid resignation if they lose their election bids.
3) The leg
The document contains instructions for a 1-hour election law final exam to be taken on January 17, 2022. It advises students to answer questions honestly and thoroughly while also noting that cheating will not be tolerated. The exam questions concern several issues relating to the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) including:
1) Whether members of the Bangsamoro Transition Authority (BTA) who filed certificates of candidacy for the 2022 elections should be deemed resigned from the BTA under the Omnibus Election Code.
2) Whether precedent allows BTA members who filed certificates of candidacy to avoid resignation if they lose their election bids.
3) The leg
The document contains instructions for a 1-hour election law final exam to be taken on January 17, 2022. It advises students to answer questions honestly and thoroughly while also noting that cheating will not be tolerated. The exam questions concern several issues relating to the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) including:
1) Whether members of the Bangsamoro Transition Authority (BTA) who filed certificates of candidacy for the 2022 elections should be deemed resigned from the BTA under the Omnibus Election Code.
2) Whether precedent allows BTA members who filed certificates of candidacy to avoid resignation if they lose their election bids.
3) The leg
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ELECTION LAW
FINAL EXAMINATION January 17, 2022 6:00 PM – 7:00 PM
INSTRUCTIONS: The exam is good for 1 hour. Answer with honesty
and analyze the case-problems thoroughly. Cheating will not be tolerated. Please note that I can easily discern answers copied from various sources. May the force be with you.
1. The enactment of Republic Act 11054 otherwise known as the
Bangsamoro Organic Law paved the way for the establishment of the Bangsamoro Autonomous Region in Muslim Mindanao. Pursuant to the law, the first three years shall be a transition period to be performed by the Bangsamoro Transition Authority. The BTA shall be comprised of 80 members in accordance with the number of members as provided in the law. The BTA members were all appointed by the President for a period of three years and to be replaced upon popular election comes national and local elections in May of 2022. As the 2022 national and local election approaches, the MILF led government of the day of BARMM initiated a call for extension of the transition period in 2025. On this basis, a law was enacted extending the transition period for three years. The law provides a provision as well for the reappointment of the members of the BTA. In 2021, during the period for filing of Certificate of Candidacies for the forthcoming election in 2022, some members of the BTA filed their COC’s on different local positions. However, none of those who filed have been terminated or resigned from their position as members of the BTA. a. As mandated by the Omnibus Election Code, appointed officials who filed their COC’s are deemed automatically resigned. Despite this, members of the BTA did not resign or were ipso facto separated from their position as BTA members. Given the nature of their position and the autonomy granted under R.A. 11054, members of the BTA argued that their position is unique. Although they were appointed, but the position they are holding is akin to an elected position. As an elected position, the filing of COC does not divest the holder of the authority pursuant to the OEC and rulings of the SC. Decide which of the two positions deserve merit. b. The BTA members who filed COC for other elective positions in the 2022 local and national election contend that they should not be deemed resigned based on a precedent when then Mujiv Hataman was appointed by President Benigno Aquino as OIC Governor together with the members of the Assembly and they were not deemed resigned when they filed their COCs for the 2013 election. Rule on the matter.
c. Assuming arguendo that the law retains the current
members of the BTA, can those who participated in the 2022 elections if they lost, continue their membership in the BTA? Decide.
2. Part of the priority codes required to be passed under the BOL
is the Electoral Code. The electoral code is the law to govern the conduct of elections in BARMM given the peculiarities of parliamentary elections. The Cabinet, then created a Committee of Electoral Code tasked for drafting. The committee after months of consultations came up with the Bangsamoro Electoral Code. One of the features of the Code is the inclusion of an anti-dynasty provision. The prohibition entails fourth degree of relationship as the gauge. The contention of the committee for the inclusion of the prohibition is the constitutional mandate of the enactment of an anti- dynasty law. On the hand, those who oppose argued that in the absence of a national law, the prohibition is unconstitutional for it would violate equal protection clause of the constitution. Decide.
